ALTERATION-(continued.)

Of a bill, its effect,-(continued.)

by lengthening time of payment whilst in hands of drawee by drawer's consent is not material, 105.

as to time of payment upon presentment for acceptance, how far vacates same, 105.

alterations and erasures presumption of fraud, 105, 6.

in an action on a bill, &c. if proved, evidence of consideration not admissible, 363, 4.-(See "Declaration.")

maker of a note a competent witness to prove alteration as against indorser, 414.-(See "Witness.")

Of an acceptance, its effect, 193.-(See "Acceptor," "Acceptance.")

ANNUITY,

where an annuity is granted in consideration of a bill accepted, but
which was dishonoured and paid by drawer, such annuity is not
vacated, 107.

check must be described as such in an annuity transaction, 325.
so must a banker's cash note, 331.

not so with Bank notes, 333.

APPENDIX.-(See "Precedents," "Notary's Fees," "Statutes," and "Bankruptcy.")

APPLICATION FOR TIME,

in an action by indorsee against acceptor, is a waiver of proof of all indorsements except the first, 360.

APPRENTICE FEE,

when no action will lie on a note given for, if indenture void, 80.

ARREST.-See ("Affidavit.")

if a contract is made in a country where an arrest is not allowed, when no arrest permitted in England, 93,

may be made twice on the same writ, if party on first arrest give a draft in payment which is dishonoured, 231-96.

being made on a party to a dishonoured bill, a promise then made by him to pay it, how far it prejudices, 259.

payment of a bill made on arrest, and after a secret act of bank-
ruptcy, when valid, 283.

otherwise if made by way of fraudulent preference, 283.
after a tender of Bank notes, the party cannot be arrested, 333.
the drawer of a bill who has taken it up, may arrest the bankrupt
acceptor, who has not certificate, though a previous holder proved
under commission, 343.
[“ Affidavit.")

cannot be made till affidavit of cause of action filed, 348.-(See
in order to arrest in trover for a bill, affidavit should state that bill
is not paid, and value of it, 350.

of the arrest in general, 348 to 351.

a married woman if arrested as the acceptor of a bill by indorsee,
court will not order bail bond to be cancelled, even though the
drawer knew that fact, sed quære, 350.

and where a woman is arrested as drawer, she will not be dis-
charged on the affidavit of a third person of her coverture, 350.
in all cases where a feme covert is arrested, the affidavit must be
sworn by herself, $50.

ARREST OF JUDGMENT.-(See "Judgment.")

ASSETS. (See "Executor," "Bona Notabilia.")

ASSIGNEE. (See "Holder," "Indorsee," "Bankrupt.")

of a bond or chose in action cannot sue in his own name, 5.
otherwise if the assignee of the King, 6.

of the King cannot assign a chose in action so as to vest legal interest in a second assignee, 6.

assignment by parol vests equitable interests in, 7, note.

of a bankrupt refusing to give a check, the Chancellor has ordered money to be paid to the check of his two co-assignees, 90.

of a bankrupt when must indorse his bill, &c. 115, 116.-(See "Bankrupt.")

of a bankrupt cannot indorse an accommodation bill, 116.

all the effects of bankrupt in which he is beneficially interested vest in him, 115, 16.

but none in which he is not beneficially interested, 116.

of a bankrupt has no power to transfer bills, &c. till after the suing forth of commission, 116.

if a note be given to an uncertificated bankrupt after issuing of
commission, it vests in him, 122.

of a banker, who is a bankrupt, has no right to bills deposited with
him as an agent, 122. 156.-(See "Banker," "Bankruptcy.")
but if he has discounted any of them, the rule is otherwise, 122.
of a bankrupt who is a drawer of a bill, notice of dishonour may be
given to, 215, 229.

of a bill, &c. by mere delivery may sue all parties to it, 343.

but he cannot sue any whose names are not on it, except only him from whom he received it, 343.-(See "Action.")

what evidence necessary to establish a set-off against assignees of bankrupt, 398.-(See "Set-off," "Evidence.")

ASSIGNMENT.-(See "Chose in Action," "Indorsement.")

by parol of chose in action, vests equitable interest, 7, note.
bill of exchange may be absolutely transferred by, 5.
promissory note may be absolutely transferred by, 5.12.
checks on bankers may be absolutely transferred by, 5.12.
by a feme covert, when does not pass any interest, 19.

by a feme covert, when made with knowledge of her husband, court
will infer it was done by his authority, 19.

of a bill, &c. originally made for a legal consideration, will not in general invalidate the same, though made for an illegal consideration, 81. East India bonds may pass by, 109.

but East India certificates cannot, 109.

an Exchequer bill, when transferrable, 109.

ASSIGNOR. (See "Indorser.")

of a bond, action must be in his name, 5.

release from, or set-off due from, to obligor, when a bar to action

[145.

of a bill by delivery, is not liable on it when his name is not on it,

on bond, 5.

but he may be sued on the original contract, 145.

otherwise, if the bill be taken to run all risks, 145, 6.
unless he knew that the bill was of no value, 146.

ASSUMPSIT.-(See "Action of Assumpsit.")

AT SIGHT.-(See "Sight.")

when bills payable at sight are payable, 268, 9.—See "Computation of Time," "Grace, Days of.")

opinion that three days grace are allowable upon, 259.

statute of limitations does not run on bills payable at, till after presentment made, 372.

in actions on bills payable at, evidence of time of acceptance must be given, 383.

ATTESTATION.-(See "Witness," "Subscribing Witness.")

when attesting witness to bill or note must be subpoenaed, 379, 380, 4. the like to an indorsement, 384.

ATTORNEY

does not lose his privilege from arrest, by being party to a bill of exchange, 14.

money should not be paid to agent of, in discharge of a debt, 281. notes given to a prisoner under lord's act, may be signed by the detaining creditor's attorney, 335.-(See Prisoner.")

to prove payment of money into court to call the attorney who took it out, is not sufficient, 380.

ATTORNEY, LETTER OR POWER OF,

gives an authority, general or limited, according to its terms, 24, 5. what words have been construed as carrying a limited authority, 24.

ATTORNEY, WARRANT OF,

in what case a warrant of attorney, given on a usurious transaction, is valid, 83.

may be vacated by a court of law, 110.

AUTER DROIT,

agent may receive money due to the principal in, 25.
no mutual credit in case of, 466, 7.

AUTHORITY—(See "Agent," "Partner,” “Factor.") of an agent. (See "Agent.")

of a partner. (See "Partner.")

of a factor.-(See "Factor.")

how far authority of an agent extends, 23.
general, if he is a general agent, 23.

if not, circumscribed accordingly, 23.
general, what is, 24.

a person giving another a blank stamped piece of paper with his
name signed, gives a full authority to such person to insert
what sum he pleases, 24. 124.

letter of attorney gives an authority according to its wording, 24,5. likewise power of attorney, 25.

special, is not necessary to constitute a power to draw, &c. bills in name of a principal, 25.

as to implied authority, which is sometimes general and sometimes limited, according to the acts permitted to be done, 25.

usual employ, evidence of general authority, 25.

when a bill is indorsed by a married woman, with husband's knowledge, it is implied, 19. 26.115.

if a party promise to pay, it is implied, 115.

AUTHORITY-(continued.)

holder of a bill may insist on the production of an agent's authority to accept, 166.

once given, but afterwards revoked, to receive payment of a bill, how far payment of it would be sufficient, 280.

mere production of a bill, &c. is sufficient to receive payment, 281. if an agent of a firm draw a bill, and one of the partners accepts, agent's authority need not be proved, 382.-(See "Evidence," "Hand-writing."

AVERMENT (See " Evidence," " Declaration.”

[420.

in declaration of defendant's breach of contract must be shown, 361, of bill payable on an event, averment that event has occurred must be shown, 361, 402.

of note, payable on demand, advisable in one count at least to aver a demand, 61.

in an action against acceptor or maker of a note, no averment of presentment for payment necessary, 249, 359, 361, 402.

and it need not be proved unless stated, 359, 364, 402.

and the common breach at the end of money counts suffices, 361.
and unless the bill be accepted payable at a particular place accord-
ing to late act, no averment of presentment there is necessary, 250
to 259, 361.

when an averment is made in an action against acceptor, what is suf-
ficient, 361.

in all cases when a place is named in the body of a bill or note,
averment of presentment, or some excuse for not doing so absolute-
ly necessary, 251, 361, 402.-(See "Evidence.")

what allegations as an excuse have been deemed insufficient, 362.
when such presentment averred, what is sufficient, 362.
when bill accepted, payable by certain persons, at a place certain, a
general averment of such presentment to those persons when suing
drawer, is good, 361.

[252,361. of notice of non-payment at a particular place unnecessary, 251. not necessary to be given to acceptor unless he can prove damage thereby, Rhodes v. Gent, MS.

[402. no averment is necessary of the party who made presentment, 362, but when drawer of a bill, or indorser of a note, is sued, averment of presentment must be made, 362.

or some excuse for not doing so, 362.

when drawee or maker have absconded, what averment is sufficient, 362. (See "Absconding.")

when removed, 362.-(See "Removal.")

when bill, payable at a banker's or particular place, presentment there

must be averred in such action, 362.

and in such action it must be alleged that notice of dishonour was duly given, 362.

or else some legal excuse for not doing so, 362.

and omission of this averment fatal, even after verdict, 362.

in case of a foreign bill a protest must be stated, or bad on special demurrer, 362, 405.

what allegation of protestation bad, 362.

not necessary to aver protest in proceeding for expenses on inland bills, 218, 312, 362, 405.

in case of a conditional acceptance, averment necessary, 402.

it must also be proved, 405.-(See " Evidence.”)

BAIL,

a bill may be paid by the bail of either party to it, 280.

but the bail of the maker of a note who have paid it, cannot sue indorser, 344.

indorser may be bail for drawer, 351.

if a party be bail in separate actions on same bill, it suffices to swear he is worth double the amount in one action, 350.

the requisites of the affidavit to hold to bail, 348 to 350.-(See “Affidavit.")

in action of debt on a bill, but not on a note, when bail necessary after judgment by default, 497.

BANKERS. (See " Commission," "Banker's Cash Notes.") originally goldsmiths, 331.

may take 5 per cent. discount, and a reasonable sum for commis.
sion, 84.

what commission they may take, 85.-(See "Commission.")
when may charge interest upon interest, 85.

when they may make usual rests in their accounts, so as to charge in-
terest on prior interest, 85

what stipulation by a, does not amount to usury, 86.- (See " Usury.")
may charge commission for paying and accepting bills, 88.
where such a charge would be deemed usury, 88.

may transfer bills indorsed in blank to him, 113.—(See “indorse-
ment.")
[112, 113.
consequences of his fraudulently pledging or transferring bills,
indictable for misapplying the bills of their customers, by statute, 114.
bills, &c. deposited with a banker as agent, do not vest in his as-
signees, should he become a bankrupt, 122, 136, 482.
otherwise if he has discounted any of them, 122, 485.

if a banker fail when an executor or agent, not liable for testator's money placed there, 28, 123.

paying a check before it bears date, which had been lost by payee, is liable to repay same to loser, 148.

liable to an action of trover if he discount a bill drawn on a customer, after notice that it was lost, 148.

the private mark on a bill by a banker, as between himself and another banker, may be an acceptance, 173.

may retain a check till five o'clock, and then return it, even though cancelled, 176.-(See "Check.")

maker of a note, who is a banker, and shuts up and abandons his shop, how far presentment for payment at such shop valid, 246. presentment for payment of a bill or check to clerk at clearing house, is sufficient, 275.

presentment for payment of a bill or note, payable on demand by banker, what is a reasonable time, 273, 4, 5.

when a bill, payable at a bankers, a presentment must be made there in the usual hours of business, 276, 7.-(See "Presentment for Payment.")

and if not done, holder cannot protest bill for non-payment, 277. but if such presentment is made, and an answer returned, it is good,

277.

doubtful whether a banker is not guilty of neglect in giving up a bill, and taking acceptor's check on another banker, 279, 287, 322. may refuse to pay a check or acceptance, even though he has cancelled them, 279.