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INDEX.

NOTE, THE REFERENCE 1S 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.

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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 time of acceptance, 173.

[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 presump. tion 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 admissi-
ble 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 ac-
ceptance, or promised to pay after due, 377, 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.

ACCEPTANCE SUPRA PROTEST,

of a bill of exchange, what is, 22,

obligations imposed by an, 22.

cannot be made till after refusal to accept by drawee, 158.

any persons may without drawer's consent or that of indorsers, 240, 1. for the honour of a particular party to it, 241.

how it is in general made, 241.

for what purpose it is made, 241.

such an acceptance enures to benefit of subsequent parties, 241.
By whom it may be made, 241, 2.

the drawee of a bill may make an acceptance on it, 241.

if drawee so accepts, a protest should first be made, 241.

if holder insists on an absolute acceptance, drawee should cancel the one he had made, 241.

and a bill having on it one, may be afterwards accepted supra protest again, 241.

no one should accept a bill under protest for honour of drawer, without ascertaining cause of refusal of drawee, 241, 2. [242 but if he accepts for honour of indorser, no inquiry necessary, holder not obliged to receive an acceptance supra protest, 242. Mode of accepting supra protest, 242.

must be made in presence of a notary, 242.

a general acceptance supra protest is considered as made for the honour of the drawer, 242.

when it is made so as to bind drawer and indorser, notice of it should be given to the indorser, 242.

holder should take care to get bill protested before such acceptance is made, 242.

Liability of the acceptor supra protest, 242, 3.

as obligatory as if no protest had intervened, 242.

extends according for whose honour the acceptance made, 242. it is only conditional, and presentment for payment must be made to drawee, and protested in case of refusal, 242, 3.

Right of an acceptor supra protest, 243, 4.

he may claim indemnity from such person for whose honour he accepts, 243.

or from drawer or acceptor, 243.

when in case of bankruptcy of drawer equity will compel such acceptor first to resort to drawer's estate, 243.

acceptor for the honour of indorser cannot sue any subsequent parties, 244.

ACCEPTOR. (See "Acceptance," "Drawee," "Acceptance supra proDefined, who is an acceptor, 1. 20.

Of the liability of the acceptor, 183 to 188.

[test.")

liable according to terms of acceptance, 183.-(See "Acis primarily liable to pay the bill, 183. Eceptance.") unless expressly made payable a particular place on the face of the bill, acceptor cannot insist on presentment,

192. 250 to 259.

when not liable to pay re-exchange, 183.

not liable to pay bill if he accepted it without value given by plaintiff, 183. 70.

may show acceptance to be partly for value and partly for plaintiff's accommodation, 163. 71.

ACCEPTOR-(continued.)

Of the liability of the acceptor-(continued.)

but liable though he has received no consideration, if bill in hands of holder for value, 68, 9. 183.

and this though holder was aware of the circumstance, 183. holder receiving a bill with knowledge of its having been given for accommodation of party dealing with him, may retain it as security for subsequent balance, unless acceptor withdraw bill, 184.

otherwise if accepted for a particular purpose, which is afterwards satisfied, and holder have notice, 184.

not liable if plaintiffs are agents of a third person who ought not to recover, 184.

liable though drawer's name forged, 195.-(See "Forgery.")
liability of executor as an acceptor, 185.

the obligation of an acceptor in general irrevocable, 186.
in what cases he may revoke or alter his acceptance, 186 to

188. 193.

after acceptor has cancelled his acceptance, and holder noted the bill, he cannot afterwards sue such acceptor, 187. two persons cannot be separately liable as acceptors, 166. How liability of acceptor discharged, 188 to 193.-(See " Waiver.") cannot be discharged in general but by payment, express release, or waiver, 188 to 191.

an express verbal discharge sufficient, 183. 190.

but it must be an absolute renunciation and founded on consideration, 190.

what amounts to a discharge, 191.

if acceptance made in a foreign country, and obligation by law of that country vacated, the acceptor is discharged,

188.

is not discharged by a release from drawer to, before such acceptance made, 190.

is discharged if holder obtains the property, on faith of which the acceptance was made, 191.

liability of a special acceptance discharged by a general protest or notice of dishonour, 182, 7, 8. 192.

not discharged by neglect to present a bill payable at a banker's, sed quære, 192.

but not liable without presentment made if bill was expressly made payable at a particular place, 192. 259.

not discharged if presentment was not made at banker's at time when bill became due, unless such neglect was to his prejudice, Rhodes v. Gent., MS.

when holder giving time to drawer does not discharge accommodation acceptor, 192.

holder guilty of laches in regard to a bill indorsed over by acceptor, in discharge of his acceptance, releases accept

or, 192.

otherwise if the bill was not indorsed by acceptor, 193.
how far an alteration of an acceptance will discharge the ac-
ceptor, 193.

Of indemnity to acceptor, and his right, 195, 6.

what security as indemnity should be taken by accommodation acceptor, 195.-(See " Accommodation Bill.”) CHITTY ON BILLS.

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