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when a banker has become a, bill, &c. deposited with him as agent,
does not vest in his assignees, 122, 136.
but if such banker has discounted any of them, the rule is otherwise,
holder of a bill to which a is a party, is allowed to set-off his claim
on him against the amount of the bill, 141.-(See "Set-off.")
proof was allowed under a commission in respect to a bill stated to be
lost, 152.
[valid, 170.
payments made to a bankrupt without knowledge of his being so, when
drawee ought not to accept after knowledge of drawer's having be-
come bankrupt, 170.

that if he accepts without such knowledge, a payment of the bill after
he is acquainted with the fact, is valid, 170.

when a draft drawn on a debtor who is a bankrupt, vests the debt in
the person who hold such draft, 194.

and such person may proceed in equity against the assignees, 194.
a party to a bill becoming a bankrupt before it becomes due, another
guaranteeing the payment of it, is not entitled to notice of dishon-
our, 204.

when drawer or indorsed of of bill, or indorser of a note, is a bank-
rupt, notice of dishonour may be given to him or his assignee, 215.


[security, 249. if acceptor become a holder of a foreign bill, may protest for better but acceptor is not compelled to give this security, if drawer become a bankrupt, 240.

may sue his debtor for what he owes him, at any time before commission issued, if debtor pays he is liable to refund, 282.

but defendant may safely pay money into court, and prevent further costs after action brought, 282.

payment made to a bankrupt, will in all cases discharge the person making it, if he had not notice of the fact, 282, 3.

and a person giving acceptance in discharge of a debt, may pay same, though he has afterwards heard of the bankruptcy, 283.

payment of a bill by a bankrupt under arrest, and after a secret act of bankruptcy, when valid, 283.

otherwise if made by way of fraudulent preference, 283..

what evidence must be given to establish a set-off against assignees

of bankrupt, 398.-(See "Evidence," "Bankruptcy," "Set-off." BARON AND FEME-(See "Feme Covert," "Married Women.")


a promissory note given to indemnify a parish from, is illegal, 75.

BEARER (See "Transfer by Delivery.")

bills payable to, transferrable by delivery, 64.

bills payable to fictitious persons, when may be declared on, and
treated as bills payable to bearer, 64. 132. 357.-(See "Fictitious

if the declaration on bill payable to bearer avers an indorsement, it
must be proved, 360.

when he must prove consideration given by him or prior party, 68.


a letter containing a bill delivered to, in the street, and lost, the person sending it must, it is said, bear the loss, 156. 222.

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BILLS OF EXCHANGE.-(See "Small Bills.") defined, and nature of,

general nature and utility of, 1 to 5.

a simple contract debt, 1.

bona notabilia, following the person of the debtor, 1.
not a good donation, mortis causa, 2.

must be sued within six years after due, 2.

not goods and chattels, and does not pass by a bequest of all

testator's "property in a particular house," 2.

cannot be taken in execution, or as a distres for rent, 2.

History, origin, invention, and use of, 3 to 4.

preferable as a security, and why, 3.

disadvantages of, and what, 4.

the bad effects of an undue use of accommodation bills, 4.

Peculiar properties of, 4 to 10.

need not be witnessed, 92.

it may be assigned so as to vest legal and equitable interest in assignee, 5. 108.

as to consideration being implied, 5. 9, 10.-(Vide "Consideration.")

the holder's right of action not affected by any act of the drawer or acceptor, 5.

why exempted from the general doctrine of non-assignment of a chose in action, 8.

why exempted from the general doctrine that in parol contracts, consideration must be proved, 9.

when the consideration may be gone into, 9.

the reason why the law gives it so much effect, 9.10,

History, general nature, and use of foreign bills, 10, 11.
bills of exchange are foreign and inland, 10.

what are foreign, and what inland, 10.

time when foreign bills were first invented, doubtful, 10.
supposed to have been invented by the Jews and Lombards, 11.
supposition refuted, 11.
[1381, 11.
the whole extremely uncertain, but thought to be about the year
the courts gave effect only at first to bills drawn between mer-
chant-strangers, and merchant-English; but afterwards gene-
rally extended, 11.

History, general nature, and use of inland bills, 11, 12.

why so called, 11,

time when first made, 12.

special custom deemed necessary to support, 12.

formerly only valid as between merchant and merchant, 12.
afterwards generally extended to all persons, 12.

distinction taken between bills payable to order or to bearer, 12.
inland bills and foreign bills governed by nearly the same
rules, 12.

Of the parties to a bill or note, and modes of becoming such, 1 and

13 to 40.

Who may be parties to a bill, 13 to 20.


all persons having capacity, and subject to no legal disability,

BILLS OF EXCHANGE-(continued.)
Of the parties to a bill, &c.-(continued.)

Who may be parties to a bill-(continued.)
but with alien enemy in general void, 15.
when not, 13.

ecclesiastics may be parties to, in England, 13.
otherwise in France, 13.

attorneys may, and do not thereby lose their privilege from
arrest, 14.

corporations may under certain restraints, 14.

a joint body, exceeding six in number, may not be parties
to at any less time than six months, 15.

Bank of England and East India Company exempted, 15.
members of a commercial firm may, although exceeding
six in number, 20.
corporation cannot unless established for trading purposes,
infants cannot in general be, even for necessaries, 16.-
(See "Infant.")

feme coverts, when not, 16. 18.-(See "Feme Covert.")
bill made to a feme sole vests in husband after marriage, 19.
but incapacity to contract by any one of the parties to,
does not invalidate it as against the rest, 19.

except in the case of an indorsement by a feme covert, 19.
in an action infancy of indorser no defence to, by, or against
the drawer or acceptor, 20.

Of the number of parties to, and mode of becoming such, 20 to 40.
Number of parties to, 1. 20.

generally three, though not necessary to be three, 20.
valid where there is only one party to it, 20.

how to declare on such a bill, 21.

how to declare on a, when the word "at" is inserted before the name of the drawees, instead of "to," 21. 256. acceptance supra protest, 22.-(See "Acceptance Supra Protest.")

payment of supra protest makes a person a party, 22.-(See "Payment Supra Protest."

Mode of becoming a party to a bill, 22 to 40.

a person's name or the style of firm must be on a bill, make him a party to it, 22.


but this may be either by his own act, or by an agent, or by a partner, 22 to 40.

By agent, 23 to 29.-(See "Agent.")

when agent cannot and when he may indorse, accept, or draw, so as to charge principal, 24 to 26.

where he cannot negotiate them, 25.

evidence of such usage at Navy pay-office will not be received, 25.

drawn on the vendee of goods, by a broker on account of his principals, the broker liable on, 28.

By partner, 29 to 40.-(See "Partner.")

drawn by one partner in blank, who dies, and then circulated, survivors liable on, 37.

drawn by two persons, and both signing name, indorse ment by one bad, 37.

drawn by one partner without stating that it was in name of his firm, binds only such partner, 39.

BILLS OF EXCHANGE-(continued.)

Of the number of parties to, &c.-(continued.)
By partner (continued.)

when addressed to two distinct persons, must be accepted
by both, 39.

if not bill must be protested, 39.

The form of in general, 41 to 92.

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no particular set of words necessary; 41.

an instrument partly resembling a bill, and partly a note, may be treated as either, 21. 42.

advisable, to draw them according to the forms given, 42.

for less than £5, certain forms necessary, Bank of England exempted, 42.

for less than 20s. void, 42.-(See "Small Bills and Notes.") for less than £5, void, if not according to a particular form, 42. The general requisites of a bill, 42 to 50.

two qualities necessary to the validity of, 42.

must be payable at all events, 42.-(See "Contingency and Condition.")

must not be payable out of a particular fund, 43. 194.

must be for payment of money only, and not to do any other act, 45.

what has been considered a condition, &c. so as to invalidate a bill, 42 to 45.

bad at first in either of these particulars, no subsequent occur-
rence will make it good, 45.

and such instrument cannot be declared on as a bill, 45.
though good on the face, yet if it appears by an indorsement on
it to be payable on a contingency, it is bad, 46.

payable on an uncertain event is only a special agreement, and
must be declared on as such, 46.

a written stipulation to renew on a separate paper, when will qualify the liability, though not vitiate, 47.

the wish of payee to indulge maker expressed in a memorandum, is not a contingency, 47.

but parol evidence of such wish is not admissible, 47.

and written evidence of such wish will afford no defence, 47. but payable on an event that must happen, is good, 48.

of public notoriety, good, 48.
of moral certainty, good, 48.

for instances and examples, 48.

when a statement of a particular fund will not vitiate, 49.

for instances and examples, 49.

not bad if the consideration be inserted, 49.-(See "Value Received.")

for instances and examples, 49.

Their parts and particular requisites, 50 to 92.

The form of a foreign bill, 50.

inland bill, 51.

Stamp duty on, 52 to 58.-(See "Stamp.")

cannot be stamped after drawn, but if they are, they are avail

able in law, 55.

Place where made, 58, 9.

(See "Place.")

Of the date, 59, 60.-(See " Date," for alteration in respect to, see



3 Y

BILLS OF EXCHANGE (continued.)

Sum payable, 60.

no necessity for the superscription of sum if it be stated in the bill, 60.

advisable and usual to be set forth both in figures and words, 60. ought to be expressed in the body of bill, but if omitted aided by the superscription, 66.

if it be different in the body to that in the superscription, that in the body will be taken to be the sum payable, 66.

Time of payment, 60 to 62.-(For alteration in respect to, see "Alteration," 100 to 106.)

a French ordinance requires to state time of payment, 60. though not necessary in England, and when no time is stated they are payable on demand, 60.

advisable however to do so, and usual to write in words, and sometimes to state both old and new style, 60.

time of payment may be at any length of time, 60.

foreign and inland may be drawn, payable on demand, at sight, at days, weeks, months, or years, but foreign usually drawn at usances, 61.

intended to be payable on demand, drawn payable at sight, 61. time of payment.-(See "Presentment for payment.”).

Request to pay, 62.

ought to be ordered, but a request is sufficient, 62.

Of several parts, 62.

if foreign and only drawn in one part, and that to it, drawee compellable to give another, 62.

how a foreign bill ought to be drawn, 62.

consequences of an omission to insert the usual proviso, 62. each of the parts must be stamped and delivered to payee, 62. forgery of an indorsement of payee does not pass any interest, and an action may be sustained on the other parts, "62.

To whom payable, 62 to 65.—(See "Bearer," "Fictitious Person.", must in general be specified, 62.

but if it is not, holder may fill up the blank, and recover against drawer, 63.

otherwise in an action against acceptor, without express authority to fill up the blank, 63.

these bills forbidden in France, 64.

when drawn in blank abroad, and filled up in England, no stamp required, 54.

mis-spelling the name may be rectified by parol evidence, 63. where misdescription of the payee will not vitiate, 63.

payable to bearer, or I. S. or bearer, may be transferred by delivery, 64.

payable to fictitious person may be declared on, and used as bills payable to bearer, 64. 131. 357.-(See " Fictitious Payee.") may be payable to drawer himself, because there need not be three parties to it, 65.

may be payable to one for the use of another, 65.

may be payable to a feme covert, but it vests in husband, 65. payable to order, 65, 6.-(See "Order.")

the modes of making a bill transferrable, 66.

sum payable, 66, 7. 45.


how far a person who guarantees a bill for a given sum is liable,

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