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.
[15.
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 te,
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, to 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.

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 available in law, 55.

Place where made, 58, 9. (See "Place.")

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

"Alteration.")

CHITTY ON BILLS.

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," "Fielitious 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.

[66.

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

BILLS OF EXCHANGE-(continued.)

To whom payable—(continued.)

foreign may be for any sum, otherwise with inland, 67.-(See
"Small Bills.")

of the words "value received," 67, 8.-(See "Value Received.")
of the consideration necessary.-(See " Consideration," "Accommo-
dation Bills," "Gaming," and "Usury.")

if given for spirits sold in less quantities than 208. value, bad, 80.
for apprentice fee and indenture void, when and when
not bad, 30.

on an illegal consideration, and a third person get it, knowing of such illegal act, or after it became due, he cannot recover, 80.

on a consideration illegal by statute in part or in whole, a bona fide holder, even without notice, cannot recover, 81.-Aliter now in Usury, Appendix, 556, and "Usury." otherwise where it is not so expressly declared by statute,

81.

founded on a good consideration, but indorsed over by payee for a usurious agreement, how far void, 82.-Appendix, 556.

of discounting a bill, 83, 4.-(See " Discount,"

of the direction to place it to account, 89.

this direction is wholly unnecessary, 89.

of the words as "per advice," 89.

Interest.")

[89.

when these words are proper, and their effect on the payment, drawer's name, 89.-(See "Drawer.")

direction to the drawee, 90, 1.-(See " Drawee.")

place of payment, 91. 250 to 259.—(See "Place.")

How to be construed and given effect to, 92 to 94.-(See "Construction," "Holder.")

are to be more liberally construed than any other instrument, 92. indorsement waived of a bill, is payable to a fictitious payee, 92. are to be given effect to, according to the law of the country where drawn, and where to be paid, 93. 233.

the time of payment to be reckoned according to the laws of the place, where a bill is drawn, if payable after date, 92. otherwise if payable at any other time, as days, &c. 93.

the remedy in case of non-payment, &c. is according to law of place, where bill to be paid, 94.-(See "Arrest," "Foreign Laws.")

when new cases arise on the construction, court will consult with merchants, 94.

Of the delivery of a bill to payee, and effect thereof, 94 to 100.-(See Debt.")

a delivery not essential to vest legal interest in, 95.

to a creditor in discharge of a debt, precludes him suing on original contract, 95.-(See "Debt.") otherwise if the terms of the agreement, in which such discharge is given, are not strictly complied with, 96.

a delivery of a bill or note, how far prejudices a prior specialty security, 96.

delivered on the balance of accounts in an action on bill, the defendant cannot impeach the charges, 97.

of the effect of taking a bill, 97.

plaintiff must show that he has used due diligence to obtain accept: ance and payment, and in default thereof given due notice, 97.

608

BILLS OF EXCHANGE-(continued.)

Of the delivery of a bill to payee, &c.—(continued.)

it is conclusive evidence of the sum due, 97.

it extinguishes prior debt so far that in an action on such debt proof on part of defendant that he gave a bill or note for sum due, compels plaintiff to prove that it was dishonoured, and notice given, 97.

but where such bill was given by the defendant, but who was no party to it, no proof of notice of the dishonour is necessary,

98.

Of the effect of an alteration of a bill or note, 100 to 106. 195.(See "Alteration.")

Of the liability of the drawer, 106,-7.-(See "Drawer.")

Of the transfer, indorsement, and delivery of bills, 108 to 147.(See "Indorsement," "Transfer.")

Of the loss of bills, 147 to 157.-(See "Loss.")

Of presentment for acceptance, 158 to 165.-(See "Presentment for
Acceptance.")

Of acceptance generally, 165 to 196.-(See "Acceptance.")

Of the liability of acceptor, and his rights in certain cases, 183 to 193.-SeeAcceptor.")

Of the liability of a party promising to pay a bill, 193 to 195.— (See "Promise," "Agreement.")

Of indemnity of acceptor, 195 to 196.-(See "Indemnity," "Ac commodation Bill.")

Of non-acceptance and conduct thereon, 196 to 240.-(See "Notice of Non-acceptance," "Protest," " Waiver.")

Of protest for better security, 240.-(See "Protest for better Secu
rity.")

Of acceptance supra protest, 240 to 244.-(See "Acceptance Supra
Protest.")

Of presentment for payment, 245 to 280.-(See "Presentment for
Payment.")

Of payment, 280 to 308.-(See "Payment.")

Of effect of giving time to and releasing acceptor, 290 to 297.-(See "Release," "Time," "Indulgence.")

Of receiving part payment of acceptor, 297, 8.

Of effect of indulgence to prior parties, 298 to 301.—(See "Release,"
"Time," "Indulgence.")
"""

Of proving under a commission against an insolvent, and compound-
ing with acceptor, 301 to 303.-(See "Compounding," "Release.")
Of the receipt for payment, 303 to 305.-(See " Receipt.")
Of effect of payment by mistake, 305 to 308.-(See "Payment.")
Of non-payment, and conduct thereon, 308 to 319.-(See "Notier
of Non-payment," Waiver," "Release.")

Of payment supra protest, 320 to 321. (See "Payment Supra
Protest.")

Of the action in general on a bill, 342 to 347.-(See "Action,"
"Action of Assumpsit," "Action of Debt.")