672

LIMITATIONS, STATUTE OF (continued.)

non assumpsit infra sex annos not proper, 373.

cannot be pleaded to an action on a bill payable after sight, unless
bill has been presented, 373.

note payable on demand supposed that statute runs from date of
note, 373.

acknowledgment of one of several drawers of a joint and several
note, how far evidence to take the case out of the statute, 374.
letter written by one of such drawers to another, desiring him to
settle debt, evidence to take case out of the statute, $74.

a payment generally by one maker of a joint and several note to
payee, is not sufficient to take case out of the statute against the
other, 374.

acknowledgment by one partner to take case of the statute against
the other must be clear and explicit, 374.

receipt of a dividend under the bankruptcy of the joint maker of
note within five years, on account of note, will bar the statute in
an action against the other, 374.

aliter when the debt proved was not on the note, 374.

must be specially pleaded, 375.

in case of bankruptcy, precludes proof, 440.

LONDON-(See "Feme Covert.")

custom of London in respect to payment of bills by drafts, &c.
387, S.

no wager of law allowed by the custom of London, 427.

LORD'S ACT-(See "Insolvent Debtors.")

LOSS OF BILLS AND NOTES,

General points, 147 to 157.

if a bill is transferrable by delivery, and holder loses it, he must
bear the loss, if any, 147.

this rule applies if he be robbed of it, 147.

but in an action on it on notice to prove consideration, &c. at
the trial, plaintiff must do it, 68.148. 400.

when a check is lost and paid by banker before it bore date, he
is liable to repay same to loser, 148.

when a bill drawn on a customer, and by acceptance made pay-
able at his banker's, who discounts same after notice that it
had been lost, how far such banker is liable, 148.

but if a bill transferrable only by indorsement be lost, and af-
terwards get into hands of bona fide holder, he cannot re-
cover, 149.

and this although such indorsement be forged, 149.

bona fide holder without notice cannot recover on it, 149.

bills, &c. lost out of letters put in post-office, postmaster general
not liable, 150.

but liable for neglect, &c. 150.

when a bill, &c. is lost, holder should give notice to all the par-
ties to it, and public notice in the newspaper, 151.

loss of a bill, &c. no excuse for not making application for pay-

ment, 151.

[151.

and when acceptor has no right to refuse payment to the foser,

LOSS OF BILLS AND NOTES-(continued,)
General points-(continued.)

it is felony to steal a bill, &c. 151.

no defence after judgment by default, 369.

when an inland bill is lost, the drawer is not obliged to give
another, 151.

except it accord with the form of bill mentioned by statute, 151.
enactment of that statute, 151.

this rule would extend to notes, 152.

on loss of a bill, and refusal to pay same, equity will relieve, 152.
proof under a commission of bankruptcy on
such bill allowed, 152.

and this though the loss took place after protest, 152.

but if a bill indorsed in blank be lost before or on the day it is
due, no action at law can be supported, 152.
how far payment of in such case valid, 281.
[152.
and this even though a bond of indemnity has been tendered,
this rule will extend to bills transferrable by delivery, and lost
after they are due, and after action brought, 152, 3.

nor will an action lie on the common counts for the considera-
tion of the bill, 154.

nor on an express promise without new consideration, 154.
giving of an indemnity bond is a new and good consideration,

155.

but if the bill, &c. has been destroyed, or is not negotiable the
rule is otherwise, 155. 281.

if the bill was payable on demand, he may recover at law, 155.
on loss of a bill, &c. equity will not relieve, where an action at
law will lie, 155, 6.

on loss, &c. of a foreign bill by drawee, he must give the
holder a promissory note, 157.

on loss of a bill, and new one not to be had, protest may be
made on a copy, 157.

remitted by a debtor per post to creditor, and lost, debtor dis-
charged, 157.

[157.
otherwise if the bill were delivered to a bellman in the street,
on loss of a bill when parol evidence, or a copy of it is admis-
sible, 378.

loss not in general sufficient to excuse non-production, 378.
but on evidence of the destruction of it, or that it is withheld
by defendant, or that he lost same, a copy of it, or parol evi-
dence of contents, is allowed, 378.

but in these cases plaintiff must show probability that original
was genuine, 378.

on loss of a bill after interlocutory judgment, court granted a
rule to refer to master, 370.

LOTTERY,

gaming in, is illegal, 79.

insurance is also unlawful, 80.

LUNAR MONTH.-(See "Calendar Month," "Month.")

MAKER. (See "Promissory Note," "Drawer," "Acceptor.")

the maker of a note after it is indorsed stands in the same situation
as the acceptor, 319.-(See therefore "Acceptor.")

MAKER-(continued.)

maker of an accommodation note may be sued, though composition
taken from payee, &c. 298.

releasing such payee, not knowing that he is a surety, will have same
effect, 298.

in an action against, when necessary to aver presentment at particu-
lar place, 361.

if maker make note payable at a certain place by memorandum at
foot, that does not qualify contract, 361.

MARRIAGE,

a contract made in restraint of, void, 75.
for procuration of, void, 75.

MARRIED WOMAN.-(See "Feme Covert.")

MASTER, REFERENCE TO.-(See "Reference to Master.")

MEMORANDUM,

effect of it on the back of a note or bill, or separate paper, 46, 7.
at foot of note making it payable at a place certain in an action
against maker on it, no averment of presentment there necessary, 361.

MERCHANTS.-(See "Bills of Exchange.")

inland bills formerly valid only between merchant and merchant, 12.
what notice of dishonour is sufficient to, and how it should be
served, 214.

judges may consult them in new cases, 94. 270.

MISDEMEANOR,

compounding of not a legal consideration, 74.
bankers and agents embezzling bills is, 114.

MISDESCRIPTION-(See "Misnomer.")

of payee of a bill, where it will not vitiate, 63. 389.
in address of a letter, no excuse for delay in notice, 211.

MISNOMER-(See "Misdescription.")

if the name of a party to a bill is mis-spelt in declaration, when it is
fatal, 353.

in a count for usury, 353.

what misnomers have been held as not fatal, 353.

[392, 3.

in respect to indorser between declaration and evidence, immaterial,

MIS-SPELLING

of a name in drawing a bill may be rectified by parol evidence, 63.
a party's name to a bill in a declaration, how far fatal, 353.-(See
"Misnomer.")

MIS-STATEMENT

in declaration, how taken advantage of, 372.-(See “Demurrer.”)

MISTAKE

in directing a letter, no excuse for delay in notice, 211.

675

MONEY COUNTS.-(See " Declaration.")

the utility of, and when applicable in case of bills and notes, 363 to

367.

MONEY HAD AND RECEIVED,

when money recoverable back, 239. 305, 6. 211.

MONEY, PAYMENT OF INTO COURT,

admits validity of bill or note, and sufficiency of stamp, 380, 3, 8.
admits holder's title, 397.

MONTH,

means calendar in case of bills and notes, 268.

how calculated as to time of payment of bills and notes, 264, 9.

MUTUAL CREDIT. (See "Set-off," "Bankruptcy.")

general observations, and 5 Geo. 2. c. 30. s. 28, 473 to 474.
nature of debt to be set-off, 474.

in what right due, 476.

time when the mutual debts or credits arose, 477.

NAME—(See “Misdescription,” “ Misnomer,” “ Mis-spelling.”).
of payee, mistake in, 62 to 64.

NAVY BILL,

consequence of their being misapplied by banker or agent, 113.
NEGLECT. (See "Laches," "Release.")

NEGOTIABILITY,

not essential to validity of a bill or note, 65. 108.

what words usual and essential to make bill or note negotiable, 66.

108 to 111.

NEGOTIATION,

a bill or note cannot be altered after it was perfected, and complete
before such negotiation, 103.

an exchange of acceptances is, 105.

delivery of a bill to drawee by drawer to be accepted is not, 105.
of a bill or note may be restrained by a court of equity, but not by
law, 110.

NEW STYLE.-(See " Style.")

of old and new style where they prevail, 363, 4.

NOLLE PROSEQUI

must be entered to other counts after demurrer to the one on a bill
and judgment for plaintiff upon reference to master to compute,

370.

but this entry may be made any time before final judgment, 370.

NON-ACCEPTANCE.-(See "Notice of Non-acceptance,"

Protest.")

of non-acceptance, and what holder ought to do thereon, 196 to 240.
notice of should in all cases be immediate, 217. 219.
drawer and indorsers immediately liable to pay and to be sued, 230
[to 233.

NON-ACCEPTANCE-(continued.)

and this, though the instrument be somewhat like a note, 231. 21.
bankruptcy of drawer after drawing a bill, on non-acceptance the
debt may be proved under the commission, 231.

party arrested, and giving a draft in payment which is dishonoured,
may be arrested again on the same writ, 231.

if a person take a bill from drawer in payment of goods sold on
non-acceptance, he may recover on the common counts, 231.
and it is sufficient in such action for drawer to prove the present-
ment for acceptance, 231.
[231.
without showing that bill was protested, or that drawer had notice,
drawee refusing to accept, but requesting holder to call again, holder
not bound to present it or return the bill, 232.

drawer and indorsers may plead a tender any time before action
commenced, 232.

but acceptor cannot if he does not pay immediately on present-
ment, 232.

when notice of non-acceptance has been given, no presentment for
payment need be made, 232.

parties to bill protested for non-acceptance, liable to pay principal,
interest, and damages, 232.

when a note is payable according to a course of exchange, what
liabilty is incurred, 232, 3.

and if a party to a bill is discharged by foreign laws where bill was
drawn, he cannot be proceeded against here, 233.

if holder omits to give notice of when made, the other parties dis-
charged, 233.

NON-PAYMENT.-(See "Notice of Non-payment," "Protest.")
conduct holder should pursue on non-payment, 308, 9.

bill should, if foreign, be protested, and notice of dishonour given
whether foreign or inland, 308.-(See "Notice of Non-payment.")
a protest must be made on non-payment of coal notes given under
3 Geo. 2. c. 26. s. 7.,

NOTARY PUBLIC,

, 312.

his office and duty in general, 216.

This duty when protesting a bill for non-acceptance, 216.

must draw up protest on bill itself if possible, otherwise on a
copy, 216.

demand of payment must be made by him before protest is
completed, 216.

and this demand must be made by the notary himself, and can-
not be by his clerk, 217. 312.

acceptance supra protest must be made in presence of, 242.
his conduct on protesting for non-payment, 310 to 313.

cannot protest a bill for non-payment by a banker, if present-
ment is not made in the usual hours of business, 277. 404.
unless person is stationed there to answer, when presentment is
good, 404.

and no inference that bill was presented in due fime is to be
drawn from presentment made by a notary in the evening,

277.

[312.
doubtful whether clerk of, can protest under 9 & 10 W. s. c. 17.
unsettled whether can note a bill for non-payment on day of re-
fusal, and draw up protest afterwards, 315.