STATUTES-(continued.)

32 George 2, ch. 28, s. 3, the Lord's Act, and relates to notes given

under it, 429.

12 George 3, ch. 72, relates to notes made in Scotland, 418.

to insurances, 102.

to bills under 20s.-87.

to bills under £5.-54, 83. 76.

67.

67.71.345.

67.

ch. 16, makes 17 Geo. 3, c. 30, perpetual, 55.

ch. 25, a stamp act, 67. 71, 3.

ch. 54, relates to proof by friendly societies, 591.
to transfer of bills, &c. to French sub-
jects, 104.

ch. 9.

14

ch. 48,

17

ch. 30,

1

22

ch. 33,

23

24

ch. 7.

to holding to bail, 426.

to notes made in Scotland, 418.
to embezzlement by clerks, &c. Ap-
pendix, 692.

to days of grace, 341.

to forgery of bank note, 426.
to clergy, traders, &c. 81.

to stamps, 72, 3, 4.

to stamp, 387.

to bolding to bail, 426.

to stamp, 72, 3. 4.

to ransoming British ships, 102.
to compel witness to answer, 533.
to bankruptcy, 155, 6. 361.553. 614.
ch. 88, restraining negotiation of small bills, 54.-
Appendix, 666.

ch. 149, relates to bills under L5, and post drawn, 161.
167.281.309. 419.

when one action has been brought on a bill, and the bill afterwards
transferred to a third, who commences another, the court will
order the proceedings to be stayed, 439.

on payment of debt and costs, defendant may obtain a rule to stay
proceedings, 472.

when this may be done by summons, 472.

but where an indorsement was made to pay interest for a certain
time, and to give up note, the court of C. P. refused to stay on
payment of it and costs, 472.

STAYING PROCEEDINGS.-(continued.)

if holder bring several actions against acceptor, drawer, and indorser,
the court will stay proceedings against drawer or indorser, on pay-
ment of the debt and costs of that particular action, 473.

but action against acceptor only stayed on payment of debt and costs
of all the ac ions, 473.

what the best course to pursue in this case, 473.

in an action on a bill court will stay them sometimes till creditor
has proved his debt under a bankrupt's commission, 576.

STEALING,

a bank note felony, 426.

STOCK-JOBBING,

a transaction in is illegal, 101,

a bill given in respect of such transaction is void in the hands of a
person who got it after it was due, or with notice of it, 101.
under what circumstances proof under bankruptcy was restrained
on promissory notes given for such transactions in, 102.

STOLEN BILL.-(See "Loss.")

STOPPING PAYMENT.-(See " Bankruptcy.")

stopping payment upon a subsequent transfer of a bill invalid, 156.
payment, invalid, 364.
though not an act of bankruptcy, will prevent the operation of the
statutes protecting payments, made after a secret act of bank-
ruptcy, 364, 550.

STYLE,

old and new style, where they prevail, 336, 7.

when a bill is drawn at a place using one, and payable on a day cet-
tain at a place using another, time when due calculated accord-
ing to latter, 336, 7.

but if time be computed from date it must be done according to
style of place where drawn, 337.

and in all other cases according to style of the latter place, $37.
when is payable according to style of place where drawn, how to
compute the time, 337.

and in that computation of time on bills, day of date or acceptance
is excluded, 338-(See "Days of Grace.")

and when bill is not dated, time computed from day it issued exclu-
sive, 333.

.SUMMONS. (See "Judge," "Rule," "Staying Proceedings.")

to stay proceedings may be taken out before a judge in vacation, 472.
the same to refer bill, &c. to master, &c. to compute principal, in-
terest, and costs, 473.

how to obtain such a summons, 474.

when Judge, on summons, will order a copy of a bill to be given, 472.

SUNDAY,

a bill of exchange may be dated on a Sunday, 97.

in what countries it is, and in what it is not, a day of grace. 340.

when last day of grace is Sunday in England, presentment must be
on the preceding, 341..

this rule extends to Christmas Day and Good Friday, 341.
Sabbath, or great festival of a Jew, excuses delay in giving no-
tice, 277.

SUPRA PROTEST.-(See "Acceptance Supra Protest," "Payment
Supra Protest.")

SURETY (See Guarantee," "Bankruptcy.")

when entitled to notice of dishonor; 264.

when discharged by indulgence to principal. 373. 4:
when he may prove under a commission, 565 to 584.

TENDER,

made by drawer or indorser of a dishonored bill, on day of notice,
before a writ issued, is sufficient, 299.

made by acceptor, after presentment, is not good, 299, 366.

of bank notes, not sufficient, if objected to at the time, 426.
must be specially pleaded, 480.

after a tender of the money, and wrongful refusal to deliver up bill,
interest ceases to run, 540.

TIME. (See "Computation," " Reasonable Time," "Presentment for
Acceptance," "Presentment for Payment.")

how computed, in case of bills, 120, 335 to 356.

of payment ought to be stated on the bill, 78, 79. 80.

of transfer or indorsement, when to be made, 160 to 169.
of presentment for acceptance, 207 to 212.

allowed for acceptance, 217.

of presentment for payment, 335 to 356.

for making protest, 278, 281, 288, 399.

when to give notice of non-acceptance, 217, 288 to 292.

when to give notice of non-payment, 399 to 407.

giving time for acceptance or payment, consequences of, 371, &c.
conditional agreement to give time does not discharge drawer or
indorser, 378, 9-3 Price, 474.

TRADE,

any contract made in general restraint of, bad, 96.

otherwise if such contract is qualified, 96,

in opposition to the laws of a chartered company illegal, 102.

TRANSFER.-(See "Indorsement," "Assignment.")

by indorsement. (See "Indorsement.")

66

by delivery. (See " Indorsement," " Assignment.”),

TROVER,

cannot be maintained for bills against indorsec of the person to whom
they had been pledged, 146.

will lie for bills improperly indorsed over, 168.

a person discounting a bill which he knows has been lost by the real
owner, is liable to an action of, 169.

will lie against a banker for discounting a bill after notice of its ha-
ving been lost, 192.

will lie for wrongfully withholding bills, &c. 197.

in trover, for bank notes, what evidence has been deemed sufficient
to establish right of property, 392, 426.

an action of, will not lie against a bonâ fide holder by true owner, of
bank notes los', 425.

in order to hold to bail in trover for a bill, affidavit should state that
such bill is unpaid, and value of it, 448.

on trial of an action in trover for a note, no notice to produce same
necessary, 485.-(See "Evidence," "Notice.")

for bills, interest ceases after demand and refusal to surrender, 540

TRUSTEE,

of bills, payable to one for the use of another, by whom to be in-
dorsed, 160.

to whom payment should be made, 358.

USANCE,

definition of the term, 341.

foreign bills in general payable at usances, 341.

varies according to custom of different countries, from 14 days to
three months after date of bill, 341.

a double, treble, or half an usance, what they are, 341.
when a month is divided it is always 15 days, 341.
the different usances between different places, 341, 2,
calculated exclusively of the day of date, 342.

bills payable at, when due, 342.

if a bill is payable at, the length of them must be averred in the de-
claration, 456.

they must also be proved, 484.

USURY. (See "Consideration.")

Construction on Statute 12 Ann. c. 16.

the statute 12 Ann. stat. 2. c. 16, invalidates every usurious con-
tract. See Statute, Appendix, 690.

the statute 58 Geo. 3, c. 93, renders bills valid, in hands of bona
fide holder, becoming so after passing act. See Statute, Ap-
pendix, 692.

in, any contraat for payment of money to be lent, makes it void
under 12 Ann. stat. 2. c. 16-98.
690
statement of the provisions of that statute. 98, 9. See Appendix,
a party guilty of, forfeits treble the sum lent or forborne, 98
a private stipulation avoids all contracts though they may be le-
gal on the face of them, 99.

affects bills of exchange even in hands of a borâ fide holder, 99.
usury in first indorsement the like effect under stat. Ann. 104. n. 8.
not so now since 58 Geo. 3, c. 93-513. Appendix, 692.
it is not usury for an acceptor to discount his own acceptance at
a premium, 108. 114.

usury under colour of a sale of a bill-4 Price, 50.
when a bill is void for, and second security for what is fairly due gi-
ven to the holder bonâ fide, such security is valid, 100.
usury at any time between the payee and indorsee of a bill, origi-
nally founded on a good consideration, how far such bill is void,

104.

in that case it has been determined as not vacating the contract,

106.7.

where deeds or property have been deposited as a security to ful-
fil a contract, founded on usury, they may be retained till prin-
cipal and legal interest be paid, 107.

taking discount in advance of a loan of money is, 107-(See
"Discount," "Interest.")

if a banker makes an unreasonable charge for commission, it is
usury, 107.-(See "Commission.")

it is usury to take 7s. 6d. per cent. commission, 110.

a stipulation by a banker for reasonable charges, exclusive of
costs, &c. for his trouble in the conduct of business, besides
discount, is not usury, 111.

it is usury to discount a bill, and without rebate of interest to
give a bill, unless such bill be payable on demand, 112.
what circumstances have been decided as not coming within this
rule, 113.

USURY (continued.)

compelling a party to take goods on the discount of a bill, usury
is presumed, 113.

what evidence necessary to rebut this presumption, 113.

a proposal coming from the holder to take goods, or readiness to
accede to it, alters the rule, 113.

a banker is guilty of, if he advance money to take up a customer's
bill, and charge usual commission, 114.

an acceptor of a bill is not guilty of, for taking more than five
per cent. on discount of it, 114.

a broker is not guilty for taking 10 per cent. for getting a bill dis-
counted, 115.

in an action for, on a check, forbearance should be stated from
time it was given, 414.

in a court for, variance in name when fatal, 452.-(See " Misno-
mer.")

how it should be proved as a defence, in an action on a bill, 525,
6, 7.-(See "Evidence.")

letters from a person, whilst he holds a bill, are evidence against
a subsequent holder, 525, 6.

VALUE RECEIVED,

[88.

words in a bill, when they import value received by drawer of payee.
what and how may be stated in a bill or note, 64.

for various instances, 64.

in France must be expressed in a bill, otherwise in England, 87.
these words need not be stated in a bill, 87.

when an inland bill or note should contain these words, 88.

[38.

a bill or note having these words, who may sustain an action of debt,

to aid a variance these words may be inserted at trial, 88.

the usual interpretation of these words, 88.

need not be stated in the declaration, 88, in n. 4.

particular statement of the value will not render bill contingent, 64.
unless in an inland bill, cannot be protested for non-acceptance, 282.
or for non-payment, 397.

statement in declaration of whom value received, 84. 456, 7.
declaration for value "received" in leather, instead of value "deliver-
ed." &c. is no variance, 456.

bill or note must express to be value received, in order to sustain the
action of debt, 546.

VARIANCE.-(See " Declaration.")

in stating a material part of a bill or note in a declaration, fatal, 452.
though it be stated under a videlicet.-(See " Videlicet.)

what is, and what is not, a variance in respect to names, 452, 3.-(See
"Misnomer.")

in respect to real name of indorser, from that which appears in the
declaration and bill, immaterial, 453.

on variance to omit the name of an infant acceptor, 453.

no variance for a declaration to state that bill was accepted by
three persons, though proved to have been so by a fourth, but who
was dead, 454.

no variance to describe a joint and several note as made by one per-
son only, 454.

when a mis-recital of the date of a bill or note would be a variance,
and when not, 454.

no variance to state in a declaration that note was made in London,
when, in fact, it bears date at Paris, 456.