BILLS OF EXCHANGE-(continued.) Of the affidavit to hold to bail, 348 to 350.-(See "Affidavit.”) Of the bail, 350.-(See " Bail.") Of the declaration in general, 351 to 376.-(See "Declaration.") Of the count stating bill and the venue, 351, 2.-(See " Venue," “Declaration.") Of the statement of bill and misnomer, 352 to 357.-(See "Declaration." "Misnomer," &c.) How defendant became party, 357 to 359.-(See "Declaration.") How plaintiff became party, 359 to 360.-(See " Declaration.") Of the necessary averments, 361 to 363,-(See " Declaration," "Averment.") Of the counts on the consideration and common counts, 363 to 376. (See Count.") Of staying proceedings on payment of debt and costs, 368, 9.-(See "Staying Proceedings," "Costs," "Judge.") Of judgment by default, 369.-(See "Judgment.") Of reference to master to compute, 368 to 371.-(See "Judgment.") Of the action of debt on a bill, 427 to 429.—(See " Action of Debt.") BILL IN EQUITY-(See "Court of Equity.") the answer of one partner to a, is evidence of against the others, 382.-(See "Evidence.") BLANK BILLS, drawer's name signed abroad to a blank not liable to English stamp, 54. paper filled up in England, bill drawn abroad, with blank for payee's name, and filled up in England, no English stamp necessary, 54. drawer's signing his name to blank stamp liable, 24.,90. 107. acceptance to a blank stamp binds an acceptor, 169. the like as to an indorser, 124. BONA NOTABILIA, bill of exchange is so where debtor dies, 1. 351. bond is so where it happens to be at death of obligor, 2. BOND, bona notabilia, where it happens to be, 1. BOND, (continued.) obligor not answerable for interest beyond the penalty, 3. but bankruptcy of the obligee after the assignment does not prevent made by an infant other than from necessaries, is voidable, 16. one partner cannot execute a bond as to bind his co-partners, 29, note. of the East India Company, transferrable to vest legal interest, 109. BREACH of contract must be shown in declaration on bill, 361. but common breach at end of money count suffices, 361. of a warranty affords a complete defence to an action, 412.-(See "Warranty,") BRISTOL, it is not usual there to present bill for acceptance, or to accept, 158. BROKER. (See "Agent.") who sells goods on account of principal, and himself draws a bill on purchaser for the amount liable on bill, 28. receiving an exorbitant brokerage on the discount of a bill, does not affect its validity, 82. an agreement with a broker to get bills discounted, and to give £10 per cent. for it, is not usury, 89. CALENDAR MONTH, 268.-(See "Month.") CANCELLING.-(See "Acceptance.") acceptance cannot in general be cancelled, 186, 7, 1. action for illegally cancelling, when it will lie, 105. CARTE BLANCHE.-(See "Blank Bills.") CASH NOTES, 331.-(See "Bankers Cash Notes.") CERTIFICATE.-(See " Bankrupt,' 99.66 Bankruptcy.") a contract made in consideration of signing bankrupt's, void, 80. of the East India Company are not assignable, 109. CESTUI QUE TRUST, a debt due from to defendant may be set-off in action on a bond given to plaintiff as trustee, 7. 611 CESTUI QUE TRUST-(continued.) a debt due to a party as trustee for another, cannot be set off to bankruptcy, 476. CHANCERY-(See "Bill in Equity," "Injunction.") CHARGES (See "Expenses.") [420 to 426. what interest, re-exchange, provision, and charges are recoverable, CHECKS ON BANKERS, defined, 323. the form of a check, 51. no particular words necessary, 41. must be drawn on a regular banker, 322. in what cases exempted from stamp duties, 52. 55, 6. 322.-(See "Stamps.") if the requisites not observed, an unstamped check cannot be read in evidence, 322. if post dated, invalid, 59. a check requesting a banker to pay by a bill, must be stamped as such, 548. transferrable, like bills of exchange, 12. 109. 322. but not considered due till payment is demanded, 322. considered as cash, and a banker is not guilty of negligence in taking them in payment of a bill, though it be afterwards dishonoured, 322. they must however be described as checks, and not as cash, in an annuity transaction, 323. in an action for usury, the forbearance should be laid from time of payment given, 77. 323. they are not protestable, 323. a check cannot be negotiated so as to affect drawer after banking hours of the day after it was drawn, 323. but where a check was issued some time after it bore date, on a consideration that failed, this circumstance cannot be objected against a bona fide holder without notice, 323. it should be presented in banking hours of the day after it was issued, 323. if the drawer has committed an act of bankruptcy, banker cannot safely pay same, 323. because not protected by statute 19 Geo. 2. c. 22. s. 1., 323. most of the rules respecting bills affect checks, 12. 109. 322.-(See "Bills of Exchange," "Banker," Bankruptcy," &c.) not capable of being a donation mortis causa, 73. for decision relative thereto, 73. given as a gift, doubtful if it can be enforced, 73. but it is said that it can, 73, note. if given to a person before banker has notice of drawer's death, it cannot be recalled, 73. of two out of three persons for payment of money is sufficient, 90. transferred long after first issued carries presumption of fraud, 129.(See "Indorsement.") a banker paying a check before it bore date, which had been lost by payee, is liable to repay the same to loser, 148. presented for payment may be retained till five o'clock, and then returned unpaid, even though cancelled, 176. 279. CHECKS ON BANKERS-(continued.) drawn on the executor of, a debtor will make executor liable if he promise to pay it, 194 and such check is an equitable assignment of a debt available against assignees of a bankrupt, 194. need not be presented for payment if it is not stamped, and one is required, 247. but insufficiency in other respects no excuse for laches, 247. presentment for payment at clearing house sufficient, 261.-(See "Presentment for Payment.") presentment of for payment may be made at any time on day after receipt, in the usual hours of business, 274, 5, 6. when a bill is paid by a check, most prudent not to give up bill, 287. usage of London bankers in this particular, 287. banker not guilty of negligence in taking a check on another banker in payment of a bill, 322. 287. 279. drawer and indorsers discharged if holder take a check from acceptor, and give up bill, 287. this is otherwise in case of a debtor, upon any thing else than a bil of exchange, 287. production of a check how far evidence of payment, 288. delivery of check, 288. when it is necessary to have a receipt stamp, 288. death of drawer before payment is a countermand of banker's authority to pay, 306. but if such payment made to a holder before banker had notice of it, holder is not liable to refund, 306. declarations on, 497. CHOSE IN ACTION, defined, action upon must in general be in name of assignor, 5. 8. doctrine of considered, 5 to 8. at first applied only to landed estates, 6. why not assignable at law so as to pass legal interest, 5. assignable in equity with sufficient consideration, 7. assignment of by parol vests equitable interest in assignees, 5.7sufficient to support an assumpsit, 7. reason and consequence of this doctrine, 7, 8. bills and notes, &c. exempted from this doctrine, and why, 8. CHRISTMAS DAY, bills become due day before, 266. CLAIM IN BANKRUPTCY-(See "Bankruptcy.") points relating to it, 466. form of, 523. CLEARING HOUSE-(See "Checks on Bankers.") presentment at, when sufficient, 261. CLERGY, how far they may be parties to a bill, 15. CLERK-(See "Banker," "Notary," "Agent.") to a notary cannot, it is said, protest an inland bill, 216. presentment to banker's clerk at clearing house sufficient, 261. COAL NOTE, given in pursuance of statute 3 Geo. 2. c. 26. s. 7, must be protested on non-payment, 312. enactments of that statute, 230. how they should be made, 330. should express to be for value received in coals, 330. not invalid if they do not, though party subject to a penalty of £100, 330. observations on the statute, and how far same extends, 330. COGNOVIT, [192. holder of a bill taking one from drawer does not discharge acceptor, COHABITATION, past illicit cohabitation is a legal consideration, 75. COLLATERAL SECURITY, may be proved, but not bills given in lieu, 140. COMMISSION OF BANKRUPTCY-(See "Bankrupt," and "Bankruptcy.") COMMISSION-(See "Bankers.") when may be taken by a banker or merchant besides 5 per cent. discount, 84. but the charge must be reasonable, or it is usury, 85. what is the usual amount of such, 85. at 7s. 6d. per cent. has been deemed usury, 85. an agent may charge, besides legal interest, 88. a banker may charge, though he does not discount the bill, 88. COMPANY CORPORATE, any contract or trading against the law of is illegal, 79. COMPANY INCORPORATE, one member cannot accept, so as to bind the rest, on a bill drawn by its factor, 38. COMPARISON OF HANDS, not in general admissible in evidence, 384, note, 387. COMPETENCY, of witnesses, 413 to 418.-(See "Witness," "Release.") COMPOSITION, secret stipulation in fraud of other creditors void, 76. a note given in consideration thereof void, though other creditors did not enter into composition deed, 76. holder of a bill compounding with acceptor of prior party, when he discharges drawer or subsequent party, 301. 347. CHITTY ON BILLS. 3Z |