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INDEX.

NOTE, THE REFERENCE IS TO THE BRACKET PAGING.

ABATEMENT,

A..

in an action against one of two joint makers of a note, advantage of
omissions of the other must be taken by plea in abatement, 339.
if one of several acceptors is an infant, and he is left out of the de-
claration, plea in abatement is not sustainable, 353.

ABSCONDING.-(See "Removal.")

of the drawee.

[164. 261.

effect thereof as to presentment for acceptance or payment, of the protest thereupon for better security, 240.

of drawer or indorser, when an excuse for delay in notice of dishonour, 212. 319.

ABSENCE. (See "Absconding," "Removal.")

ACCEPTANCE,

to what bills necessary, 158.-(See "Presentment for Acceptance," defined, 165.

By whom to be made, 165, 6, 7.

by an executor or administrator, but he is personally liable,
185.-(See "Executor.")
[166. 170.
holder is entitled to insist on acceptance according to tenor,
if drawee has not capacity to contract, bill may be treated as
dishonoured, 166, 7.

by an agent, 166. 23 to 29.-(See "Agent.")

question whether holder bound to acquiesce in receiving acceptance by an agent, 166.

by a partner, 166, 7. 29 to 40.-(See " Partner.”)

there cannot be a series of acceptors to same bill, 166.

by one person when bill directed to two not in partnership, bill may be considered as dishonoured, 167.

The time when to be made, 167 to 170.

the drawee has twenty-four hours to accept a bill, 167.
promise to accept before bill drawn how far valid, 167, 8, 9.
only considered as to foreign bills and bills drawn before 1st Au-

gust, 1821, as now by 1 & 2 Geo. 4 c. 78, acceptance of
inland bill made after 1st August, 1821, must be in writing on
face of bill, 167.

on a blank stamp, 169.

ACCEPTANCE-(continued.)

The time when to be made-(continued.)
may be after the bill is due, 169.

may be after a prior refusal to accept, 169.

[169.

how far such acceptance would discharge drawer and indorsers, what liability such acceptor would incur, 169.

[162, 170.

drawee ought not to accept if he knows of drawer's failure, when it may be made after drawer's death, 170.

Of the form, effect and extent of acceptances, 170 to 182.

before recent act of 1 & 2 Geo. 4. c. 78, it might be verbal or in
writing, but holder might insist on the latter, 170.-See enact-
ments of this act, in the Appendix.

but by 1 & 2 Geo. 4. c. 78, all acceptances of inland bills after
1st August, 1821, must be in writing on the face of bill, 170.
holder may insist on one according with the bill, 170, 1.
the holder may refuse an acceptance payable at a banker's, but
if he does not, and is guilty of neglect, drawers and indorsers
discharged, 171.

what is an acceptance is a question of law, and not of fact, 171.
before recent act might be on the bill itself, or on another
paper, 171.

but act only relates to inland and not foreign bills, and it is still necessary to consider the decisions as they still affect foreign bills, and inland bills drawn before the 1st August, 1821, 172. a letter by drawee of a foreign bill to the drawer, promising to accept a bill already drawn, is an acceptance, 172.

if drawee acknowledge his hand-writing to holder, he cannot afterwards insist it is a forgery, 173.

An absolute acceptance, 173 to 179.

defined, and how made, 173 to 176.

when bill payable after sight usual to add the date, 173.

but when such date is not in the same hand-writing, but the acceptance is written under, it is evidence of the acceptance, 173.

time of

[173, 4.

when made by other than drawee his name should appear, private mark between banker and banker when an acceptance, by a partner in name of firm, 174. 39.

by an agent for principal, 174. 27.

[173.

if a bill is payable in a large town, acceptance should point out a particular house there, 174.

and if it does not, holder may protest, 174.

effect of an acceptance payable at a particular place, 174. 177.
if drawee wish bill to be payable at a particular place, he must
expressly state it on bill, 226.

what will amount to an acceptance, 174 to 179.
acceptance of foreign and inland bills drawn before 1st August,
1821, may be implied, 175.

[179.
what is sufficient to imply an acceptance of such bills, 175 to
detaining such bills left for the express purpose of acceptance,
[175, 6.
but mere delivery only without other circumstances, will not
amount to acceptance, though drawee destroyed the bill, 176.
a check may be retained by a banker, and then returned, 176.
as far as respects inland bills drawn after 1st August 1821,
these constructive acceptances put an end to, and acceptance
must appear in writing on face of bill, 176.

ACCEPTANCE-(continued.)

An absolute acceptance-(continued.)

a verbal or written promise to accept an existing bill is an acceptance, 176 to 179

[167, 8. how far a promise to accept a bill not drawn will bind, 177 instances of promises held to amount to an acceptance, 177, 8, 9. a promise to accept on an executory consideration, how far binding, 177.

what does not amount to an acceptance, 177, 8.

when the acceptance is doubtful, drawee may rebut the presumption in favour of it, 178, 9.

A conditional acceptance, 180, 1.

defined, 180.

drawee may make conditional acceptance payable on a contingency, 180.

but holder is not compellable to receive it, 180,

what is, and what is not a conditional acceptance, 180, 1.

if holder receives it he should give notice, 180.

when the contingency happens, the acceptance becomes abso-
lute, 181.
[tion.")

how to declare on such an acceptance, 181.-(See "Declara-
how to make a conditional acceptance, 181.

when acceptance in writing and condition not, how far such condition operates, 181.

when conditional acceptance ambiguous, parol evidence admissible, 181.

A partial or varying acceptance, 182.

what it is, 182.

to pay part, 182.

to pay at a different time or place, 182.
to pay part in money, part in bills, 182.

its legal obligation, 182.

if holder accepts such acceptance, he should give notice, 182. of the liability of an acceptor in general, 183 to 193.-(See "Acceptor."

whether an acceptance can be revoked, 186 to 188.

how liability of acceptor may be released or discharged, 138 to 193. indemnity to acceptor, and his right, 195, 6.

liability of a third person promissing to pay a bill, 193 to 195. when necessary to describe in pleading an acceptance, payable at a particular place, 250 to 259.-(See Declaration" "Presentment for Payment.")

question whether evidence of an acceptance after bill due is admissible on an allegation in the declaration that it was made before due, 358. not necessary to be stated in an action against drawer, 358. 377. if it be, it must be proved, unless shown that he indorsed after acceptance, or promised to pay after due, 577, 8.

a conditional acceptance must be stated in pleading accordingly, or variance fatal, though condition performed, 358.

it is not an admission of drawer's hand-writing to indorsements, though made after such indorsements, 390, 1.

if promise laid to testator, acceptance in testator's life-time must be proved in an action by an executor against acceptor, 398. prima facie evidence of effects in acceptor's hands, 410.