JUSTICES,

power of, to enforce payment of small notes, Appendix, 529 to 538.

KING-(See "Extent.")

may assign a chose in action, so as to vest legal and equitable inter-
est in assignee, 6.

cannot be guilty of laches, nor those acting as his agents, 197, 248.

LACHES (See " Presentment for Acceptance and Payment," "Notice of
Non-acceptance," "Notice of Non-payment," " Neglect," "Re-
lease," " Waiver.")

in general, consequences of neglect.

to present for acceptance, 158 to 165.

when excusable, 159.

consequences of it, how waived, 233 to 240.

to present for payment.

consequences of it, 165.

how waived, 233 to 240. 320.

to give notice.

Miscellaneous.

of non-payment.

consequences, and when excused, 309.
where waived, 233 to 240. 320.

of holder of a bill, discharges the parties to it from liability, 98.

142. 197.

nor can such holder recover upon original consideration, 98. 197.
otherwise if the party delivering it was no party to the bill, 222.
or if bill given as a collateral security, 197. 203.
[203.
of the holder of a bill, in not giving notice of refusal to accept,
does not affect subsequent bona fide indorsee, 124, 5. 197.
otherwise if he knew of such dishonour, 125.

if such a bill is paid by an indorser ignorant of laches, when he
cannot recover from the drawer and prior indorsers, 125, 6.
if a foreign bill is payable after sight, it is no laches to put it in
circulation before acceptance, and to keep it so in circulation,
160.

not laches even to keep it in circulation, without acceptance, a
year, 160.

not laches to present for acceptance twenty-six days after its
arrival, if the bill is drawn payable in India, sixty days after
sight, 160.

but it is to keep such bill locked up a considerable time, 160.
what has been deemed to be a reasonable time, so as to avoid the
objection to liability on account of, 163.

what is and what is not partly a question of law and partly of
fact, 163..

in not making a presentment for acceptance in proper time, may
be excused by some reasonable cause, 163.

it will be, in a holder of a bill payable at a banker's, not to
present it in the usual banking hours, 171.

but such neglect will not discharge the acceptor, 192.

in regard to a bill, indorsed over by acceptor of another bill to
the holder, will discharge such acceptor, 192,

CHITTY ON BILLS.

4 G

LACHES (continued.)
Miscellaneous--(continued.)

but if the bill was not indorsed it is otherwise, 192.

in not presenting bill for acceptance, and not giving notice of
non-acceptance, does not prejudice if bill on a wrong stamp,

197.

cannot be attributed to the king, or his agents acting for him,

197. 248.

in not giving notice of dishonour, in what cases not material,
198. (See "Effects," " Notice of Non-acceptance.")
198.-(See

may be waived by party who may take advantage of them, 233.
(See "Notice of Non-acceptance," " Waiver.")

promise to pay a dishonoured bill without knowledge of laches,
is not binding, 238.-(See "Promise," " Waiver.")

a person party to a bill once discharged by, he is always dis-
charged, 240.

in not protesting a foreign bill, when it is not material, 240.-
(See "Effects," "Protest.")

of a holder in not making presentment for payment, does not
discharge acceptor, 256.

in action against acceptor, no notice of dishonour necessary where
bill payable at banker's unless acceptor proves damage for want
of it, Rhodes v. Gent, MS. and see 309.

what has been deemed laches in sending notice of dishonour by
the post, or by private hand, 316.

if laches proved, evidence of consideration cannot be received,
98. 196. 364.-(See " Declaration.")

LAW MERCHANT-(See "Custom.")

governs the legal system of bills of exchange, 8.
founded on the rules of good faith and equity, 8.

when silent, evidence of a custom is admissible, 37. 110.

is part of the law of the land, and need not be stated in pleading,

351.

LEGACY-(See "Executor.")

of a larger amount than the bill bequeathed to payee, is not a pay-
ment of the bill, even though he be holder of it, 288, 307.

but it has been held that a bill is discharged by an entry in testator's
hand, that debtor should pay no interest or principal unless testa-
tor was distressed, 288.

LETTER,

acceptance of a bill by, how far valid, 172.-(See "Acceptance.")
notice of dishonour given by, how far valid, 211.-(See "Notice of
Non-acceptance," "Post.")

mistake in directing letter giving notice, no excuse for delay,

211.

letter written by one of the makers of a joint and several note to
the other desiring him to settle debt, will take case out of Statute
of Limitations, 374.-(See " Limitations.")

containing notice of dishonour, notice to produce same should be
given, 405.-(See "Evidence.")

what is evidence in default of production after notice to produce
given, that due notice of dishonour was received, 40, 56.

LETTER-(continued.)

proof that a letter was received from defendant acknowledging the re-
ceipt of a letter from holder of a named date, but not referring to its
contents, is presumptive evidence of due notice of dishonour, 407.
when evidence of notice of dishonour given, what other evidence in
regard to letters will suffice, 408.-(See "Post Office," "Post.")
in civil cases post-mark on letter evidence of time and place when
and where put in the post, 401.-(See "Post," "Evidence.")
in an action by indorsee against maker of note, in order to establish
usury, what letters from payee to maker admissible, without calling
payee, 411.

LETTER OF LICENSE,

subsequent indorser let out of execution on letter of license, is no
bar to an action against a prior one, 298.

LIABILITY

of acceptor, 183 to 188.

how discharged, 188 to 193.

of drawer, 106, 7.

how discharged, 197. 245.

of indorser and transferrer, 140 to 147.

how discharged, 197. 245.

of party promising to pay a bill, 193 to 195.

how to be stated in an action on a bill against acceptor, and on a
note against maker, 357.

how to be stated in an action on a bill or note against the drawer or
indorser of the one, and the indorser of the other, 363..

person discharged from liability on a bill by bankruptcy and certifi-
cate, is a competent witness in an action on same bill, 416.-(See
"Witness.")

LIEN,

vendor of an estate does not waive it by taking a bill or note, and
receiving its amount by discount, 96.

in case of a partial advance by a banker on a bill deposited with him,
and such banker becomes bankrupt, his assignees have a lien on it,
122. 482, 3.

when indorsee has no lien on the effects of drawer in the hands of
acceptor, 140.

but if the drawer and acceptor become bankrupts, it is otherwise,
140, 1.

accommodation acceptor or indorser what lien they have, 146, 7. 195.
lien in case of bankruptcy in general, 482 to 486.

LIMITATIONS, STATUTE OF,

bills of exchange affected by, 2.

indorsements of partial payments on a bill made by holder will in
some cases take case out of, 304. 373.

indorsement of payment of interest within six years will sometimes
have same effect, 373.

effect of statute where bill or note dated upwards of six years
past, 355.

begins to operate from time bill due, and not from time made, 373.
actio non accrevit the proper plea, 373.-(See "Plea.”)

LIMITATIONS, STATUTE OF—(continued.)

non ass’mpsit 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, $75.

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 NOTE S-(continued,)
General points-(continued.)

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

no defence after judgment by default, 369.

673

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.")