BANKRUPTCY-(continued.) in case of the bankruptcy of a factor or banker, or other person, what liens allowed on bills in their hands, 482, 3, 4. but bills delivered to a banker expressly on terms of discount, assignees entitled to them, 485. what other cases assignees entitled, 485. VII. Precedents of dispositions in case of bankruptcy.-(See "Appendix," 519 to 523.) VIII. Miscellaneous Points. does not affect obligee's right of action after assignment, 7. on bankruptcy of stock broker's proof under commission of pro- as far as it regards transfers, relates only back to the time of the suing forth of the commission, 117. a trader cannot, in contemplation of, make a voluntary indorse- but it must appear that such indorsement was in contemplation of a drawer and acceptor of a bill, &c. gives indorsee a lien on of the acceptor of an accommodation bill, indorser for like accommodation who pays the bill, may prove under the commission, 146. of the drawer when it, prevents drawee from accepting or paying, 170.-(See "Bankrupt.") after secret act of by trader, consigning goods to a factor, how far such factor is obliged to repay the money to assignees, 170. accommodation acceptor, holder of a counter bill given as an indemnity by the drawer, may prove under drawer's commission of, 195. notwithstanding the bankruptcy of the drawer of an accommodation bill, acceptor may retain money of drawer's in his hands till bill be due, 196. of the drawee of a bill no excuse for omission to give due notice of dishonour, 210. the same with regard to drawer or indorser of a bill, or indorser of a note, 215. 226. of drawer, after drawing bill, if acceptance refused, holder may immediately prove under the commission, 231. on bankruptcy of the drawer or drawee, equity will compel an acceptor supra protest, to resort to drawer's estate, 243.(See "Acceptance supra protest.") of the acceptor of a bill, does not excuse omission of presentment for payment, 246. BANKRUPTCY-(continued.) VIII. Miscellaneous points-(continued.) of an agent having received money from maker of a note to pay, offers it to holder, who cannot find note on the bankruptcy of agent, maker still liable, 283. after notice of an act of bankruptcy, banker cannot pay the but till a commission has issued, bankrupt may sue, 282. A. having got a verdict against B. who then commits an act of, the same where bankers have accepted accommodation bills for a trader, who then commits an act of bankruptcy, but before commission issued, lodges money with them to pay them, 283. the same where bankers paid a bill for acceptor after a secret act of bankruptcy, and he remitted them money to pay themselves, 284. the same if they pay a check drawn on them after a secret act of bankruptcy, they cannot retain money received to cover such check, 284. 324. when money recovered against a bankrupt in an action on a promissory note paid by him after a secret act of bankruptcy, it may be recovered again by the assignees, 284. one count of the statute, 46 Geo. 3. c. 135, 284. since this statute the 19 Geo. 2. c. 32, can only come in question when payment made within two months before suing out commission, 285. holder of an accommodation bill, may prove under drawer's commission, though he has accepted security, and given time to acceptor, 295. Effect at law of proving under a commission of bankruptcy, 301 to 303. if acceptor be a bankrupt, holder may prove under commission without assent of other parties, 301. but he must give regular notice of non-payment, 301. if holder of a bill prove under indorser's commission, and afterwards compound with acceptor, such proof must be expunged, 303. in case of bank notes cannot be followed as distinguishable from other money, 333. when acceptor of a bill is bankrupt, and holder prove under commission, but who has not got certificate, he may be arrested and sued by the drawer if he has taken it up, 342. must be specially pleaded, 374. to establish a set-off against assignees of bankrupt, evidence of possession of a bill, &c. before bankruptcy must be given, 398. but if the act were several, evidence of possession, two calendar months before, is enough, 298.-(See "Evidence.") of a firm, when it will not affect the competency of one of the members, proving that another had no authority to draw in name of firm, 414.—(See “Witness."). BANKRUPTCY-(continued.) Effect at law of proving under a commission of bankruptcy-(continued.) a person released from liability by bankruptcy, and certificate, is a competent witness to an action on a bill, the payment of which he guaranteed, 415, 16. what amount of bill may be proved under two commissions in, 419, 20. (See "Damages.") case of, where bills, &c. carry interest, 421. BANKRUPT (See " Bankruptcy," "Fraudulent Preference.") who has assigned over a bond before his bankruptcy, may sustain an action on it, 7. one partner who has become a bankrupt, is disabled from using name of firm, 35, 115. this rule qualified, 117. a contract made in consideration of signing certificate void, 80. after a secret act of bankruptcy, cannot transfer bills, &c. by indorse- doubtful whether the solvent partner without assignees consent can, 115. nor should a declaration on such note state the joint indorsement, 116. a trader who has become bankrupt, may indorse a bill delivered before his bankruptcy, 116. and if he and his assignees refuse to do so, Chancellor will compel them, 116. estate liable to the costs of such a proceeding, 116. no estate in which he is not beneficially interested, passes to his assignees, 116. many transfer an accommodation bill, 116. a bill drawn for a sum of money, part of which is for his accommodation, 117. but such indorsement is only valid as far as that accommodation sum goes, 117. when they transfer bills before the suing forth of commission, by statute 19 Geo. 2. c. 32.* 117. enactment of that statute, 117. 283. decisions on the act, 283, 4. doubtful whether promissory notes are within this statute, 118, 284. a bill indorsed by, after an act of bankruptcy, but paid before the issuing of a commission, is within this statute, 119. by a, for a debt for goods sold and paid, after the issuing thereof, it is valid, 119. that such transfer is only valid when there are no suspicious circumstances of insolvency, 120.-(See "Insolvency.") payments made, and contracts entered into by a bankrupt, two months before the date of commission, when valid, 120. indorsement of a bill by, by way of fraudulent preference, invalid, 120. (See Fraudulent Preference.") but a creditor pressing a trader to give such indorsement, the intention of the latter to become bankrupt, cannot be called in to vitiate it, 121. uncertificated after the commission issued, receiving a note, legal interests vest in his assignees, 122. when it does not, 122. BANKRUPT-(continued.) when a banker has becorce a, bill, &c. deposited with him as agent, that if he accepts without such knowledge, a payment of the bill after when a draft drawn on a debtor who is a bankrupt, vests the debt in and such person may proceed in equity against the assignees, 194. 229. when drawer or indorsed of of bill, or indorser of a note, is a bankrupt, 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.”) BASTARD, 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 if the declaration on bill payable to bearer avers an indorsement, it BELLMAN, a letter containing a bill delivered to, in the street, and lost, the person sending it must, it is said, bear the loss, 156. 292. 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. 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. 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. distinction taken between bills payable to order or to bearer, 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. [13. all persons having capacity, and subject to no legal disability, |