PROMISSORY NOTES-(continued.)

2. Particular points relative to Promissory Notes (continued.)
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, 434.

but if one be an infant he should not be sued, 434.

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, 434, 5.

Of the stamp.

stamp duties regulated by the 55 Geo. 3. c. 184.-435. 687. 8.
List of, Appendix, 687, 8, 9.

same as stamp and bills, except as to note, re-issuable after pay-
ment by the maker, 435.

for the regulations with respect to stamps.-(See "Stamp" and
the statute, Appendix, 687, 8.

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, 436.

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, 203.

may be immediately made for non-payment, if refused when due,
though the bill or note have not been obtained, 203.

may, and in some cases must be made for better security, 205.
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, 207.

cannot be made for non-payment on an inland bill unless ac-
cepted in writing, 225.

may be made for non-acceptance, if bill is payable in a large town,
and acceptance does not point out a particular house there, 226.
not necessary to a foreign bill after dishonor, and no effects in
[ment.")
drawer's hands, 259.

in action on a foreign bill must be averred, 465.—(See " Aver-
so in cases of inland bills when proceeding for interest, 465.

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

when notice of non-acceptance of a foreign bill necessary, protest
is likewise, 278.

want of such protest cannot be supplied by evidence, 278.

made abroad on a foreign bill, by a notary public, is sufficient
evidence, and need not be proved, 279.

otherwise if such protest is made here, 279. 283.

and such protest must be proved by the notary who made it, 283.
want of effects in drawee's hands, excuses the want of it, 279.
the same if a subsequent promise is made, 279.

advisable in all cases to make the protest, and how it should be
done, 279.

notary's duty when making a protest, on a foreign bill, 279, 280.
-(See "Notary Public.")

noting a bill will not supply place of protest, 280.

when no notary in place where bill dishonored how protest should
be made, 280.

said that it should be made between sun rise and sun set, 280.

in general at the place where bill dis-
honored, 280.

but when bill is directed to one place, and accepted payable at
another, protest may be made at one or the other, 281.

PROTEST-(continued.)

2. Of the protest for non-acceptance-(continued.)

form should conform to custom of place where made, 281.
how it should be made on a conditional or partial acceptance, 281.
should contain a copy of the bill, and indorsement on it, 281.
and when made in this country ought to be stamped, 281. Ap-
pendix, 689, 90.

in case of a foreign bill, no copy of the protest need be sent with
the notice of dishonor, 281. 289.

otherwise in case of an inland bill, and it must be sent within
fourteen days after made, 283. 289.

on an inland, for non-acceptance or non-payment, may be drawn
up at any time before trial, 282.

but it must first be noted in proper time, 282.

may be made on what kind of inland bills, 282.

interest cannot be recovered on an inland bill from drawer unless
protest averred and proved, 282.

on an inland, by no means necessary, 283.

time when protest must be made, 288 to 292.—(See " Notice of
Non-Acceptance.")

on a foreign bill, it should be made within usual hours of business,
on the day acceptance is refused, 288.

what accidents will excuse this omission, 288, 9.

when a protest is made on an inland bill, and it, or notice of it, is
not sent within fourteen days after, drawer or indorser not lia-
ble for damages, 292.

of an inland bill, must be given to the party from whom holder
got it, 296, 7.

66

what has been decided as being a waiver of the, 304, 305.—(See
"Promise,"
‚” “Waiver,” “ Laches,” “Notice of Non-acceptance,
6.")

3. Of protest for better security, 309 to 310.

if drawee absconds, holder may protest for better security, 309.
and should give notice of it to drawer and indorser, 309.
holder may protest if acceptor become bankrupt, 309. [309.
but neglect to make this protest, will not affect holder's remedy,
but holder cannot sue, if drawer or indorser refuse to give better
security, 310.

when drawee of a bill makes an acceptance supra protest, he
should send the protest to indorser, 311.

4. Of protest for non-payment.

may be made, if holder of a bill transferable only by indorsement
got it without indorsement, and acceptor refuse payment after
indemnity offered, 318.

when acceptance refused to a bill payable after sight, computa-
tion of time begins from date of protest, 343.-(See "Comfiu-
tation of Time.")

if party to pay bill is a banker, a presentment there after usual
hours of business does not entitle a notary to, 354.-(See
"Notary.")

holder refusing to accept payment of a bill without the charges
of a duplicate, which drawee had promised to pay, discharges
such drawee, 356.

when bill has been protested for non-acceptance, no protest neces-
sary for non-payment, 394.

of the form and mode of protesting and giving notice, on non-pay-
ment, 395 to 399.

same rules prevail here as in case of non-acceptance, 395.

in case of foreign bill a protest is necessary for non-payment, 395.
can only be dispensed with by want of effects, 395.

PROTEST-(continued.)

4. Of protest for non-payment—(continued,)

the form of a protest for non-payment varies according to the
country where it is made, 395.

the form of, same in England, 396.

the stamp necessary on a, 396.

of the dating of a protest, 396.

when an accepted bill is protested for non-payment, the protest
should be sent to the drawer or indorser, and the bill be kept,

396.

but drawer would not be obliged to pay without having the accept-
ed bill delivered up to him, 397.

but where payment of a non-accepted bill is refused, no risk in
sending back bill with protest, 397.

where a part of the money is tendered, it may be taken, and pro-
test made for residue, 397.

no inland bill could be protested before statute 9 & 10 W. 3. c. 17.
397.

cnactment of statute as it regards a protest, 397. 660, 1.
the form of a protest under it, 397, 8. 661.

[398, 661.
this protest or notice of must be sent within 14 days after made,
party to whom sent, on production of, must repay bill, with inter-
est and charges, &c. 398. 661.

sixpence to be paid for such protest, 398. 661.

and in default of making such, right of action forfeited, 398. 661.
holder of a bill payable at sight not entitled to the remedy given
by this statute, 398. 660.

a bill within this act cannot be noted till the day after last day of
grace, 398. 660.

no sum can be demanded beyond sixpence, 398. 660.

doubtful whether clerk of notary can make this protest, 398.661.
never necessary to protest an inland bill, in all cases sufficient to
give notice, unless holder claims interest, 398. 665.

a protest must always be made on non-payment of coal notes, giv-
en under 3 Geo. 2. c. 26. s. 7-399.
[408.

Of the time when protest must be made, and notice given, 399 to
the protest for non-payment, or at least a minute of, must be made
on the day of refusal, 399.

but it seems unsettled whether it suffice to note the bill on the day
of refusal, and draw up protest afterwards, 399.

in case of an inland bill, no protest for non-payment till day after
it is due, 399.

in regard to time when notice should be given, and the mode of
giving it, 288 to 292, and 400.-(See "Notice of Non-Pay-
ment.")

Miscellaneous Points.

checks are not capable of being protested, 412.

if drawee accept and pay a bill of drawer without effects of his in
hand, and without making a protest, he may recover under the
count for money paid, &c. 469.-(See " Declaration.")

in an action against drawer or indorser of a foreign bill, it must be
averred and proved, 278. 395. 465. 517.-(See " Averment.")
if averred in an action on an inland bill, it must be proved, 517.—
(See "Evidence.")

no interest can be recovered from drawer or indorser without proof
of protest, 282. 398. 517.

protest under seal of notary made abroad proves itself, 517.

but if made in England, must be proved by notary himself and the
subscribing witness, if any, 517.

Stamps on Protests in general, see Appendix, 689. 90.

PROTHONOTARY.-(See "Reference to Master.")
appointment to compute, notice must be given in C. P. 475.

PROVISION,

the nature and amount of it recoverable, 544.

RANSOM,

a contract to ransom a British ship is illegal, 102.

goods captured by an enemy, illegal, 102.

REASONABLE TIME.-(See " Demand," "Notice of Non-Payment.
to present for acceptance, 211.-(See " Presentment for Acceptance.")
to present for payment, 345.-(See "Presentment for Payment.")
what is reasonable time is a question of law, 211. 345. 402.

what a reasonable time to give notice of non-acceptance and non-pay-
ment, 290. 402 to 407.—(See "Notice of Non-acceptance and Non-
payment.")

a bill payable on demand may be kept till the day after received, to
come within a reasonable time, 347.

when a bill is payable elsewhere than in the place where given, what
is a reasonable time, 350.

what is for presenting a check on a banker for payment, 350, 1, 2.
the rule allowing each party to retain an instrument till the day after
receipt, does not extend to a succession of holders, 353.

RECEIPT. (See "Payment," "Presentment for Payment.")

writing an, on back of bill paid by a draft, is not evidence of an agree
ment to incur the risk of non-payment, 367.

stamp, when it must be affixed to a check on a banker, 369.

of the receipt for payment, 387 to 389.

a person paying a bill may demand one, 387.

usual to give it on back of bill, 387.

[387.

and banker's duty to make some memorandum on a bill paid by them,
such receipt need not be stamped, 387.

what other receipts need not be stamped, 387, n. 4.

when part paid, a receipt should be given on back, or liable to pay the
whole to a bonâ fide indorsee, 387.

[387, 8.
how indorser, who has taken up a bill is, to prove payment by him,
a general receipt on back of bill is primâ facie evidence of payment by
acceptor, 388. 511.

advisable therefore to state by what party bill was paid, 388.
what is not primâ facie evidence to prove payment by acceptor, 388.
to prove payment of money lent, production of check drawn by the
lender in favor of the borrower, and indorsed by him, is sufficient,

388.

what receipt of partial payments made by holder on bill will avoid
Statute of Limitations, 388.

[589.
if a note is unpaid for 20 years, it affords presumption of payment,
in an action by payee against acceptor, evidence that plaintiff was dis-
charged as an insolvent debtor, and gave in a blank schedule, is not
sufficient, 389.

upon payment of a bill the party should take care to get the instrument
delivered up to him, 389.

where there is a competition of evidence, whether bill satisfied or not,
possession will turn the scale, 389.

accommodation acceptor, what evidence he must give of payment, 510.
(See "Evidence.")

when there must be evidence of the hand-writing of the person enti-
tled to give receipt and circulation after acceptance, 524.

RECORD. (See " Contract.)

matter of, cannot be impeached, 12.

REDUCING PROOFS.-(See "Bankruptcy.")

points relating thereto, 601, 2.

RE-EXCHANGE.

when to be calculated, no reference to the master, 474, 5.

the nature and amount of it in general, and what recoverable, 541 to

544.

what recoverable in bankruptcy, 595, 6.

REFERENCE TO MASTER.-(See "Judgment.")

general practice, 473 to 477.

on judgment by default in an action on a bill, damages computed by,

450. 473.

same practice prevails in C. P. and Exchequer, 474.--Biggs v. Stew-
art, 4 Price Rep. 134.

on judgment by default, plaintiff not entitled to final judgment till
after reference to, 473.

when bill is payable in foreign money, no reference allowed, 473.
reference allowed after interlocutory judgment and death by plaintiff,
474.

reference allowed on affidavit after loss of bill, 474.

this practice of reference confined to cases where bill specially de-
clared on, 450. 474.

court will not direct to allow re-exchange in an action on a bill drawn
in Scotland upon, and accepted in England, 474, 5.

reference not allowed in an action of a debt on a judgment recovered
on a bill, 475.

but it is permitted on judgment for plaintiff, on demurrer to the count
on the bill, 475.

but in such case a nolle prosequi must be entered, 475.

plaintiff may in K. B. obtain a rule to refer on same day interlocutory
judgment is obtained for want of a plea, 475.

but when signed on demurrer, he must wait till the following day, 475.
on motion to refer to master, no irregularity previous to judgment is
available, 476.

in K. B. if defendant's attorney wish to be present, he must obtain
rule for that purpose, 475.

but in C. P. defendant must have notice of appointment, 475,

REFUSAL (See "Non-acceptance," "Non-payment.")

RE-ISSUABLE NOTES.-(See "Promissory Note," "Stamp.")

when re-issuable after payment, and how to be stamped, 68, 9. 168.

435.

statute 55 Geo. 3. c. 184, relating thereto, 676 to 683. 687, 8.

RELEASE. (See "Laches," "Neglect," " Waiver.")

by drawer of a bill to the acceptor, does not affect payee's right of
action, 6.

otherwise on a bond, 6.

when by an excise officer, of a person for penalties is a good consider-
ation for a note, 97.

by drawer to drawee before acceptance, will not discharge a subse-
quent one, 248.

a general by drawer to acceptor will, as between them, discharge ac-
ceptor, 248.

the effect of to the acceptor, 371 to 379. (See "Payment ")

the effect of to subsequent indorsers, 380 to 384.-(See "Payment.")
what circumstances release or discharge obligation of acceptor, 245 to

in case of bills, may be by parol, 478.