PROMISE (continued.)

what has been deemed as not amounting to such admission, 239.
how far a promise made to pay bill on arrest will prejudice, 239.
such made by way of compromise on arrest is binding,

239

promise to pay a bill excuses neglect to make present-
ment for acceptance, 248.

a promise made by drawee to pay a bill, if holder fore
go the charges of a duplicate protest, if unstamped,
is not binding, 279.

to pay after time given, revives the parties liability on
a bill, 294.

not necessary to be stated in an action on a bill, 357.
how this promise should be stated, if at all, 357.

a promise to pay after notice of non-payment will aid an error in
reciting the bill in the declaration, 357.

a promise to pay after acceptance will dispense with evidence of ac
ceptance, if alleged in a declaration against drawer, 358. 377.—
(See "Evidence.")

a joint promise is established by an admission of partnership with co-
defendants, 381.-(See "Evidence.")

a promise by acceptor to pay bill after due, admits hand-writing of
defendants, and every other party to it, 382.

if drawee accept a bill payable to the order of several, not part
ners, after indorsement by one, and they expressly promise to
pay, regularity of indorsement admitted, 393.-See Admission,"
"Evidence.")

66

a promise to pay made to indorsee after bill due, dispenses with evi-
dence of indorsement, 396, 7.

if laid to testator in an action by executor against acceptor, accept-
ance must be proved in his life-time, 398.-(See "Evidence.")
what evidence dispensed with on proof of a promise to pay after full
notice of dishonour, 409.-(See " Evidence.")

evidence left to jury to say whether at the time of promise made there
had been full notice of dishonour, &c. 410.

PROMISSORY NOTES.-(See " Bills of Exchange.")
1. General points.

The law relating to the making and transferring, so much resembles
that affecting bills, that it suffices to refer to the head" Bills of
Exchange."

not capable of being a donatio mortis causa, 2.

in actions on, consideration presumed in general, 5.

may be assigned so as to vest legal interest, 12.

governed by nearly the same rules as a bill of exchange, 12.
indorsee of, cannot sue an infant, 16.

feme covert cannot be a party to, 18.

an express promise made after husband's death to pay a note,
drawn by a feme covert in his life time, makes note valid, 18.
otherwise if no separate property, 18.

made to a feme sole, vests in husband after marriage, 19.
indorsement of, by a feme covert, passes no interest, 19.
unless in equity when she has a separate estate, 18.
an instrument may be treated as a bill, where drawn like a bill,
except that the word "at," is inserted before drawee's name

instead of "to," 21.

PROMISSORY NOTES-(continued.)

1. General points—(continued,)

given by a married woman, and indorsed by her husband, how
far valid, 22.

being several, cannot be declared on as joint though for benefit
of another, 39.

The form of, in general, 41 to 42.

no particular set of words necessary, 41.

a note partly resembling a bill, and partly note, may be treated
as either, 21. 42.

what has been construed as being a good, 41, 2.

how to declare, on which may be construed either a bill or, 42.
for less than 20s. void, 42.-(See "Small Bills and Notes.")
for less than £5, void, if not according to a particular form,
Bank of England exempted, 42.

The general requisites of, 42 to 50.-(See " Bills of Exchange.")
two qualities necessary to the validity of, 42.

must be payable at all events, 42.-(See "Contingency,"
"Condition.")

must not be payable out of a particular fund, 42.

when it will not vitiate, 49.

must be for payment of money only, 42. 5.

.what has been decided as being a condition, so as to invalidate

a, 42, 3, 4, 5.

bad at first, in either of these particulars no subsequent occur-
rence will make it good, 45.

such a, cannot be declared on as a note, 46.

though good on face, but by an indorsement on it purports to be
payable on a contingency, &c. bad, 47.

payable on a contingency, &c. is only a special agreement, 45, 6.
written contract to renew, on a separate paper, will not vitiate,
though it will qualify the liability on a, 47.

the wish of payee to indulge maker expressed in note, is not a
contingency, 47.

but parol evidence of such wish is not admissible, 47.

[47.

nor is parol evidence admissible of agreement to give time, &c.
and even written evidence will not afford any defence, 47.
payable on an event that must happen, is good, 48.

of public notoriety, is good, 48.

of moral certainty, 48.

for instance and examples, 48.

when a statement of a particular fund will not vitiate, 49.

for instances and examples, 49.

the consideration for which it is given may be stated in a, 49.
for instances and examples, 49, 50.

their particular requisites, 50.-(See "Bills of Exchange.")
the stamp duty on, 52 to 58.-(See "Stamp.")

[53.

cannot be stamped after drawn, but if they are, available in law,
given as a gift, doubtful if it can be inforced, 72.

but it is said that it can, 72, note.

as to consideration.-(See " Bills of Exchange," "Discount,"
"Money," "Interest," "Consideration.")

bail in error, not required in an action of debt on, 427.

how to be construed and given effect to.

insertion of a negative in a, will not vitiate it, 92.

PROMISSORY NOTES-(continued.)

how to be construed and given effect to-(continued.)

but addition of another name after it is drawn will, unless it is
due by way of indorsement, 104.

transferrable by indorsement, so as to vest, legal interest, 109.—
(See "Indorsement.")

doubtful whether the statute 19 Geo. 2. c. 32, extends to, 118.
payable on demand, not exceeding £100, may be re-issued after pay-
ment by the maker, 130.

after indorsement, may be declared on as a bill, 142.—(See
"Indorsement.")

maker of a, giving money to an agent, who tenders it to holder
and demands bill, but who cannot find it, how far such maker
liable on it, 279.

unaccounted for, for twenty years, is presumption of payment.
287. 305.-(See "Payment.")

of the effect of giving time to, and releasing the maker, 200 to 297.
(See "Payment.")

of the effect of taking part payment, 207.-(See "Payment.”)

2. Particular points relative to Promissory Notes, 324 to 331.
defined, 324.

the usual form of a promissory note, 324.

the legal titles of the parties to same, 324.

on the origin of them, 324.

Lord Holt a strenuous opposer of actions on them, 325.

this gave rise to statute 3 & 4 Anne, c. 9, made perpetual by 7
Anne, c. 25. s. 3., 325, 6.

enactment of that statute, 325, note, 326.

this statute does not extend to Scotland, 327.

but notes made in Scotland are good by other stats., 327, & note.
notes made out of England are valid, but should not be de-
clared on as such, 327.

forgery of a Scotch bank note not within 2 Geo. 2. c. 25., S77.
notes made out of Great Britain cannot be circulated in it, un-
less duly stamped, 328. Appendix, 546.

exception in favour of Ireland, 328.

the more recent enactment on the subject applies only to notes
payable to bearer on demand, 328. 546.

the maker's name may be written on any part of note, 328.
instance and example, 328.

observations on the statute of Anne, 328.

with respect to time when a note is payable, no difference be
tween that and bills of exchange, 328.

maker entitled to three days of grace, when payable to bearer
or order, 329.-(See "Days of Grace.")

must not be payable out of a particular fund, 329.--(Ste
"Bills of Exchange," "Contingency.")

bear no similitude to a bill, till after indorsement, 329.

this point once fixed, the rules of bills of exchange will pre-
vail, 350.

with respect to coal notes, how they should be made, 330-
(See Coal Notes.")

Form and qualities of promissory notes, &c. 334 to 336.
no formal set of words necessary to its validity, 334.
but it must amount to an absolute promise to pay, 334.

PROMISSORY NOTES-(continued.)

2. Particular proof relative to Promissory Notes-(continued.)

a note promising to account with another, or his order, for a
certain sum, is good, 334.

what forms have been adjudged as being good notes, S34, 5.
they need not be payable to B. or order, 334.

a mere acknowledgment of a debt, without words inferring a
promise to pay, is not a good note, 335.

I. O. U. such a sum is not a note, and need not be stamped, 335.
it is evidence of a debt only, 335.

an instrument acknowledging the receipt of a draft for payment
of money, and promising to repay it, is not a good note, 335.
but it is a special agreement, 335.

advisable to insert in notes the words "value received," 335.
note given under Lord's act, must be made in the form pre-
scribed by statute, 335.-(See "Prisoner.")

Requisites of notes, 336 to 340.-(See " Bills of Exchange.")
they must be payable at all events, 336.

must be for the payment of money only, 336.

a note promising to pay money in East India bonds bad, 336.
the same of a note to pay money, and deliver up horses and
wharf, 336.

and surrender A. B's. body, 336.
a promise to pay money in a certain time, made by defendant to
plaintiff, if defendant did not pay the same for his brother,
is bad, 336.

the same where it depends on sufficient being bequeathed by a
person's will, or he is otherwise able to pay it, 336.

the same when it is made to pay money after another's mar-
riage, 330.

the same out of a fund arising from the sale of a reversion, 336.
the same arising from the sale of the White Hart inn, St. Al-
bans, when sold, 336.

for instances and examples the other way, 336, 7.

notes payable on the death of a person, are good, 337.

when a ship is paid off, good, 337.

need contain no words rendering it negotiable, 337.

rules relative to bills of exchange, will in all cases apply to
notes, 337, 8.

Of notes joint and several, and joint only, 338 to 339.

when made by several, and expressed, we promise, &c. it is
joint only, 338.

but if signed by several, and expressed, I promise, &c. joint
and several, 338.

but if it appear on the face to be the sole note of A., it cannot
be declared on as being the joint note of A. and B., though
given to secure a joint debt, 339.

in an action on a joint note, if all the parties to it are not joined,
advantage can only be taken by plea in abatement, 339.

but if one be an infant he should not be sued, 339.

if there be a joint and several note of two persons, one surety
for the other, and holder knowing it, accept a composition
from the other, this will discharge the surety, 339.

Of the stamp.

stamp duties regulated by the 55 Geo. 3. c. 184., 340. 538.
List of, Appendix, 547.

PROMISSORY NOTES-(continued.)

2. Particular points relative to Promissory notes-(continued.)
same as stamp and bills, except as to note, re-issuable after
payment by the maker, 340.

for the regulations with respect to stamps-(See "Stamp," and
the statute, Appendix, 538.)

Note, in all points in which a distinction between bills and notes are
not pointed out, the rules of the one will govern the other, 340.

PROOF (See "Evidence," "Bankruptcy.")

PROTEST-(See "Notary.")

1. In general.

may be immediately made for non-acceptance, if drawee lose a
foreign bill and refuse to give a promissory note, 157.
may be immediately made for non-payment, if refused when
due, though the bill or note have not been obtained, 157.
may, and in some cases must be made for better security, 158.
may be made for non-acceptance, if the bill is directed to no
one, but is accompanied with a letter of advice, stating the
drawee, and he refuse, 159.

cannot be made for non-payment on an inland bill, unless ac
cepted in writing, 173.

may be made for non-acceptance, if bill is payable in a large
town, and acceptance does not point out à particular house
there, 174.

not necessary to a foreign bill after dishonour, and no effects in
drawee's hands, 199.

in action on a foreign bill must be averred, 362.-(See "Aver
ment.")

not necessary in cases of inland bills when proceeding for inte
rest, 362.

2. Of the protest for non-acceptance, when necessary.

when notice of non-acceptance of a foreign bill necessary, pro-
test is likewise, 215.

want of such protest cannot be supplied by evidence, 215.
made abroad on a foreign bill, by a notary public, is sufficient
evidence, and need not be proved, 215.

otherwise if such protest is made here, 216, 219.

and such protest must be proved by the notary who made
it, 219.

want of effect in drawee's hands, excuses the want of it, 216.
the same if a subsequent promise is made, 216.

advisable in all cases to make the protest, and how it should be
done, 216.

notary's duty when making a protest on a foreign bill, 216, 7.
(See "Notary Public.")

noting a bill will not supply place of protest, 216.

when no notary in place where bill dishonoured, how protest
should be made, 216.

said that it should be made between sun rise and sun set, 217.
in general at the place where bill
dishonoured, 217.

but when bill is directed to one place, and accepted payable st
another, protest may be made at one or the other, 217.