PAYMENT (continued).

7. Of the receipt for payment, 387 to 389.-(See " Receipt.")

8. Of the effect of payment and payment by mistake, 389 to 393.

payment of a bill by mistake, when the money may be recovered
back, 390.

on payment of a forged bill the money cannot be recovered back
from a bona fide holder, 390.

exceptions to this rule, 390.

a banker who received money for a specific purpose, and applies it
to another, he may not take credit for amount, 390.-(See
"Banker.")

2.

if a defendant in consideration that plaintiff would stay proceed-
ings, agree to do certain acts, and omits doing one, he may be
sued again on the original cause, 391,
negotiable bill or note not satisfied by the bequest of a legacy, 392.
but it has been held that bill is discharged by an entry in tes-
tator's hand that debtor should pay no interest on the principal,
unless testator was distressed, 392.

if acceptor give another money to take up bill in an action against
such person by holder, what defence may be set up, 392.
if a party to a bill request another to pay same out of a particular
fund, and holder gives up bill, he may seek payment out of
such fund, 393.

if a banker's cash note is presented in due time, and dishonored, it
will not amount to, 424.

how to enforce the payment of a Bank note, 426.

a payment by the joint maker of a note to payee within six years,
is not sufficient evidence to take case out of the Statute of Li ̧
mitations, as against the other, 479.

PAYMENT SUPRA PROTEST..

of payment supra protest in general, 408 to 410.

on payment of a bill refused, any person not party to it may pay it
for honor of drawer or indorser, 408.

an acceptor having made a simple acceptance, cannot pay in honor of
indorser, 408.

if he has no effects of drawer, he may suffer bill to be protested, and
then pay it for honor of drawer, 408.

in which case acceptor will have a remedy against drawer, 408.

a party paying a bill supra protest that has been accepted, may sue
such first acceptor, 408.

but if a party pay it for honor of drawer, he has no action against
acceptor of bill accepted for drawer's accommodation, 409.

no bill should be paid for honor of drawer till after protest, 409.
he should declare to a notary for whose honor he pays it, 409.

notary's duty on such occasion, 409.

but an acceptor supra protest may pay before it has received appro-
bation of party for whose honor he did so, 409.

though in general a party paying a debt of another, has no action for
it, it is otherwise on payment of bill supra protest, 409.

in which case he recovers on the count for money paid or on the bill
itself, 409.

but a person paying a bill supra protest cannot sue an acceptor with-
out effects, 409.

the reason for this exception to the general rule, 409. 460.

such party may sue all other parties to the bill except the person whom
he paid, 441.

by acceptor not presumed upon receipt on back of bill, unless hand-
writing of the person intitled to make, and circulation after accept-
ance, 524.-(See "Acceptor," "Evidence.")

PERJURY,

if a party swear an affidavit to hold to bail, and it is untrue, he may
be indicted for, 446.

PLACE

where bill made must be stated in bills under £5—76.

not necessary in other bills, though advisable, 76.

of payment of a bill need not be stated by drawer, 118.

but if it is intended to be payable at a certain place by drawer, it may
be inserted in body of the bill, or in the direction to drawee, 118.
where to present for payment, 321 to 332.—(See “Presentment for
Payment.")

of payment, if stated in body of bill or direction, or body of a pro-
missory note, that qualification of contract must be stated in the de-
claration, 321. 456.

and in such ease a presentment there must be proved, 321. 514.

but memorandum at foot of a note does not make same payable at par-
ticular place 325. 463.

if accepted payable at a particular place, doubt whether presentment
there necessary, 326, 7. 459.

if accepted payable at particular place, semble, averment of present-
ment there unnecessary, 326, 7. 459.

but if it is, it must be proved in evidence, 327, n. 1. 513.—(See
"Evidence.")

whenever mentioned in bill, and presentment there necessary, it must
be averred and proved, 514.

and if stated in the declaration, must in all cases be proved, 514.

PLEADING (See " Declaration," "Debt," "Pleas.")

consideration must be alleged in actions on contracts not under seal, 7.
no allegation of the invalidity of a record can be averred in,. 12.
the illegal consideration of a specialty must be stated in, 13.
when word "at," inserted before drawee's name, in a bill, such instru
ment may be described as a bill or promissory note, 28, n. 2.
matters, dehors of a security, may in all cases be stated, 99.
when a bill is drawn by only one person in name of a firm, it may be
averred as drawn by a firm, 116.

when a bill is made payable at a particular place by drawer, how it
should be set forth in, 118. 322.

when place of payment of a note is placed at bottom, it must not be
stated in, 118.

when one partner is a bankrupt, in an action on a bill or note, it
should not be stated in, that such bankrupt joined in the indorse-
ment, 150.

in an action on a bill need not state that it was delivered, 181. [181.
aver notice was given of indorsement,
when a bill is accepted after due in, it may be stated to be accepted ac-
cording to tenor, 220.

an averment in pleading that bill presented in due time, evidence that
it was impossible to do so, may be received, 319.

when bill or note payable at particular place, no necessity to aver no-
tice of dishonor to acceptor of bill or maker of note, 323.

a special refusal at the particular place, 324.
if a promissory note be stated to be payable at a particular place, and
it turn out that place is named only at the bottom of it, it is a fatal
variance, 326.

for points in pleading, relating to averments of presentment for pay-
ment at particular places, 323 to 332.

in an action for usury on a check, the forbearance should be stated in
to be from time when paid, 412.

PLEADING-(continued).

notes made out of England should not be stated to have been made ac-
cording to statute, 419.

bankers cash note stated as promissory notes, 423.

but if indorsed, may be declared on as a bill against indorser, 424.
when special pleas necessary in, 480, 81.-(See " Defence," " Pleas.")

PLEAS (See " Defence.")

to an extent in aid, that a bill was drawn upon him by original debtor,
which is not due till after inquisition taken, is good, 477.

and this, though defendant refused payment and original debtor took it
up, 477.

under the Stat. of Limitations, what proper, 478.-(See "Limitations.")
when a special plea necessary, 480, 81.

infancy, coverture, tender, set-off, bankruptcy, insolvency, and Stat, of
Limitations, should be pleaded specially, 481.

what evidence admissible under the general issue, 480, 81.-(See " Evi-
dence," " Defence.")

POLICY OF INSURANCE,

gaming in a, illegal, 102.

must be interested in the thing insured, or invalid, 102.

may be effected for, to insure the payment of a bill or note, 182.

POST. (See " Notice of Non-Acceptance and Non-payment.")

notice of dishonor of a bill sent by, sufficient, and in all cases the
safest method, 285, 6.

and this, even though the letter should miscarry, 285, 6.

notice of dishonor sent by private hand, and arriving a day after post,
parties are discharged, 286.

[286.
otherwise if no essential delay take place in sending by a private hand,
when notice sent by twopenny is sufficient, 287.

and all notices sent by, ought to be put into the receiving-house, 287.
where there is no post, how holder should give notice, 287, 8.

how notice of dishonor should be given by the post, 291.

bill or note, payable on demand, may be sent by post day after deli-
vered, 350.

notice of non-payment may be sent by, however near the parties may
live, 401.

and where the parties do not reside in London, notice may be sent by
'the next practical post, 402.

what is a reasonable time in regard to sending notice by, 402.
what has been deemed laches in regard thereto, 403, 4, 5, 6, 7.
the court will not consider whether the time of receipt corresponds with
the time when a letter sent by, would arrive, 405.

but if notice is sent by, the letter must be put into at such a time that it
may arrive on the morning of the day after the sender received no-
tice, 406, 7.

mode of proving forwarding a letter by post, 521, 2.

post-mark evidence of time and place when and where letter put into
the post-office, 521.

proof notice, or other paper, sent by post in mercantile transactions,
always sufficient, 521.-(See " Evidence.")

question sometimes arises as to what is the requisite proof of the fact
of sending by post, 221.

instance and example each way, 521, 22.

POST-MASTER-

general, not liable, if bills, &c. are lost out of letters put into post-
office, 193.

deputy may be sued for neglect in not delivering letters in due time, 193,

POST-OFFICE.-(See " Post.")

when a clerk to it, may be called to give evidence as to genuineness of
band-writing, and whether it be feigned, 494, 5, 6.

argument to support this position, 495.

on proof of notice of dishonor given, it will suffice to shew that a letter
containing such notice, was put in the proper post-office, 520, 21.
post-mark, evidence of time and place when and where letter put into
the post-office, 521.

POST-MARK.-(See " Post-Office.")

PRACTICE. (See " Action," "Affidavit,”

tion,"

<< Arrest,"

""Bail," "Declara

Defence," "Demurrer," "Error," "Exemptions," "Judg
ment,"
"" Pleas and Pleading," "Reference to Master,"
"Reference to Master," "Staying and
Setting aside Proceedings," " Variance," " Venue.")

PRECEDENTS.-(See " Affidavits," "Declarations," "Judgments," "Nu-
tice to prove "

Of affidavits to hold to bail, 625, 6.—(Sce" Affidavits.")
on promissory notes.

payee against maker, 625.

the like in another form, 625.
indorsee against maker, 625.
indorsee against indorser, 625.

on bills of exchange.

payce against acceptor, 626.
indorsee against acceptor, 626.

payee against drawer, default payment, 626.

indorsee against drawer, 626.

the like on default acceptance.

of declarations.

1. In assumpsit. See other precedents, 3 Chitt. on Plead. 1 to 61.

on promissory notes.

payee against maker, 626.

payee against maker of a note, payable by instalments, for
the whole sum on one default, 629.

the like for one instalment due, 630.

first indorsee against maker, 630.

statement of a second or subsequent indorsement, 632.

short statement of indorsements, 632.

[632.

indorsee against indorser, the maker having refused payment,

on checks on bankers.

payee of check against the drawer, 634.

bearer against the drawer, 635.

on inland bills of exchange.

payee against acceptor, 636.

first indorsee against acceptor, 638.

second or subsequent indorsee against acceptor, 638.

drawer against acceptor, on a bill returned to and taken up
by drawer, 638.

payce against drawer, drawer having refused acceptance, 640.
payee, &c. against drawer, &c. acceptor having refused pay-
ment, 641.

[642.

payee, &c. against drawer, where drawee could not be found,
payee, &c. against drawer, &c. where the drawee had no ef-

fects of the drawer, 643.

form of averment of demand of fresh bill when a bill has
been lost, 644.

PRECEDENTS-(continued).

on foreign bills of exchange.

payce against acceptor, 645.

drawer or indorser against acceptor, 646.

payee against drawer, &c. bill having been protested for non-
acceptance, 646.

the like, the bill having been protested for non-payment, 647.
payee against drawer on bill protested, as well for non-ac-
ceptance as for non-payment, 649.

indorsec against drawer or indorser, 649.

in debt.

payee of note against maker, 649.

payee of bill against drawer, 650.

of notice to plaintiff to prove consideration, 651.
of judgments.

on demurrer and reference to the master, 651.

by default and reference to the master, 652.

similar judgments with continuances between interlocutory
and final judgment, 653.

of depositions in bankruptcy.

affidavit of one petitioning creditor, 655.
affidavit of several petitioning creditors, 656.
affirmation of a Quaker, 656.

affidavit to obtain country commission, 656.
proof of petitioning creditor's debt, 657.

deposition for money lent on bankrupt's note, 657.

on bankrupt's note indorsed by a third person, 657.
on notes, one made and the other indorsed by
bankrupt, 658.

on a bill drawn and indorsed by bankrupt, 658.
on a bill drawn by bankrupt and indorsed by third
person, 659.

for a debt secured by several bills stated in sche-
dule, 659.

form of a claim, 660.

PREFERENCE, FRAUDULENT.-(See " Fraudulent Preference.")

PRESENTMENT FOR ACCEPTANCE, 206 to 215.-(See "Drawee,"
"Acceptor," "Non-Acceptance," "Notice of Non-Acceptance.")

1. When it is necessary, 206, 7.

it should be made to the drawee or his authorized agent, 212.
when a bill is drawn payable after sight, 206.

but in other cases it is not necessary, 206.

but in most cases advisable, 206.

in Bristol it is not usual to present for acceptance or to accept, 206.
drawer and indorser may be immediately sued when drawee refuses
to accept, 206.

the bill should be presented for, as soon as possible, 206.

when an agent is liable for not presenting, 206.-(Sce" Agent.")
when a bill is not directed to any one, but is accompanied by a
letter of advice, stating who is to be the drawee, it should be
shewn to that person for his acceptance, 207.

and if he refuse, it should be protested, 207.

when it is necessary to present for, and holder neglects to do so,
no effects in drawee's hands is sufficient excuse, 207.

and it is the same, where no consideration was given for the bill, 207.
2. Time when presentment for, should be made, 207 to 212.

when bill payable after sight it should be presented in a reasonable
time, 207.