727

WAIVER (continued.)

Particular Points—(continued.)

agreement to consider acceptance at an end is, 191.

[191.

not to sue acceptor if he will do a certain act, is,
delivery of a bill of lading to holder by acceptor, is a waiver in
some cases, 191.

giving general notice of non-acceptance, and receiving a condi-
tional one is a, 183. 192.

holder giving time to drawer is not a waiver of acceptance, 192.
taking a cognovit is not, 192.

acceptor indorsing over another bill to holder in discharge of
acceptance, when it will operate as a waiver, 192.-(See
"Laches."

[193.

how far an alteration of an acceptance will operate as a waiver,
what has been decided as being a waiver of laches, 234, 5.
of the want of a protest, 236.

what promise will amount to a waiver of laches, 239.-(See
"Promise.")

proposal by an indorser to pay bill by instalments, which is re-
fused, does not amount to a waiver of laches, 239.

a party, after being arrested, offering to give a bill by way of
compromise, does not amount to a waiver of laches, 239.

a drawer can waive his right of defence of laches impliedly, and
an indorser only expressly, 239. 409, 410.

part-payment of a bill is a waiver of neglect to make present-
ment for payment, 248.

in an action by indorsee against acceptor, application for time is
a waiver of proof of all indorsements except the first, 360.

WANT OF EFFECTS.-(See "Effects.")

WARRANTY,

evidence of the breach of a, affords a complete defence, 412.

WIFE. (See "Agent," " Feme Covert.")

WILL,

bank notes pass by a, bequeathing testator's money or cash, 332.
or by a, bequeathing all his property in such a house, 332.

WITNESS. (See "Subscribing Witness," "Evidence.")

General Points.

not necessary to a bill or note, except under £5.—92.
if added, the bill, &c. must be proved by him, 92.

called to prove partnership, may have names of firm suggested
to him by the counsel, 395.

Of the competency of witnesses, 413 to 418.

general rule, that a witness is admissible, although a party to the
bill or note, 413.

if the ex parte verdict will not necessarily affect the witness's
interest, he is a competent witness, 413.

but otherwise if verdict will affect, 415.

if testimony of a witness, party to the bill, &c. on which he is
called to give evidence, would merely tend to deter holder
from suing him, it is only matter for observation to jury as to
his credibility, 413.

WITNESS-(continued.)

Of the competency of witnesses-(continued.)

a person, though party to an instrument, may be called to invalidate it as against another, 413.

in an action, indorsee against acceptor, the drawer or indorser is a competent witness to prove that bill was not drawn where it was dated, 413.

indorser himself may prove his indorsement, 396.

though after another witness has negatived it, 396.

and the maker of a note admissible against indorsee to prove alteration of date, 414.

a person supposed to be the drawer cannot be called to prove that he did draw without a release, 414.

witness whose interest would incline him as much to one party as to the other, so as on the whole to made him indifferent, is admissible, 414.

one maker of a joint promissory note is a good witness to prove signature of other who is separately sued, 414.

where one partner draw bill in partnership name, and gave it in payment of a separate creditor, any other of the partners might be called to prove that he had no authority to draw,

414.

and the bankruptcy of the firm would not affect the competency of witness, 414.

if a party would, in case of the failure of the plaintiff, have a greater difficulty to enforce a remedy than if he succeeded, this is no objection to his competency, 414.

but considered only as having a strong influence on his credibility, 415.

[415. if witness liable to costs, he is not competent without a release, drawer of an accommodation bill not admissible to give evidence of usurious consideration in an action against acceptor,

415.

but this does not extend to drawer of a bill for value, 415.
but if acceptor release such drawer, he will be competent, 415.
a person who guaranteed the payment of a bill, if released
from liability by bankruptcy and certificate, he is competent,

416.

drawer of a bill competent witness either for plaintiff or defen-
dant, 416.

and though witness be a person under charge of having forged
the bill, this will not affect his competency, 416, 17.
prior indorser is competent to prove a promise to pay after due,
in an action by indorsee against drawer, 417.

prior indorser a competent witness for maker of a note to prove
payment by him, 417.

in an action against drawer of a bill to excuse neglect to give notice of dishonour, acceptor may prove he had no value for his acceptance, 417.

but drawer cannot in any action by indorsee against acceptor, prove that he delivered bill to plaintiff without consideration, and as his agent only, 417.

what questions witness cannot refuse to answer, 418.

see statute 46 Geo. 3. c. 37.-418.

not compellable to answer any thing that he may think will tend to convict him criminally, 418,

WITNESS SUBSCRIBING.-(See "Evidence," "Witness.")

when he must be subpoenaed, 379.

729

when he must be produced to prove the hand-writing of the maker of a
note, $79.

when other evidence admissible to prove the subscription, 379.

a person seeing another sign an instrument, but does not then attest
it, cannot put his name to it afterwards, and prove same, 379.
if dead, proof of his hand-writing, and the defendant's presence
when note prepared, is sufficient, without proof of defendant's
hand-writing, 379.

the same where he had since become insane, 379.

the most prudent course in these cases, 379.

if cannot prove the making of the note, it may be proved by other
means, 380, note, and see 2 Campb. 646.

indorsement attested by a, must be proved by him, 389, 390.
to a protest, if any, must be subpoenaed, 405.

WRIT,

a party may

be arrested twice on same writ, if on first arrest he give
a draft in payment, which is afterwards dishonoured, 231.
issued after tender made by drawer and indorser or acceptor, how
far invalidates such tender, 232.

WRIT OF INQUIRY.-(See "Inquiry, Writ of.")

THE END.

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