S. 3. mercatoria, is probative though it is not holograph, and though the signature is without witnesses,1 even though the transaction in connection with which it is granted is not mercantile.2 The extent to which bills are to be held to prove their dates is now regulated by s. 13.3 In terms of the Act the signature need not be written with the drawer's own hand, but may be written on the bill by some other person by or under his authority. The Act does not prescribe any method of signing, and therefore does not supersede the rules of the common law on this point.5 It is probably sufficient, except for summary diligence, that the drawer's name be written by himself in the body of the bill. A bill signed by initials or by a mark may be sustained as a ground of action, on proof that the party alleged to be the subscriber usually signs by initials or mark and did sign the bill in question.7 If the party's name were added to his mark with his authority, the signature would now be valid under s. 91 (1). Under the Conveyancing Act of 1874 a bill may be validly executed on behalf of a person who is unable to write, so as to make it both a document of debt and a warrant for summary diligence, by the subscription of a notary or a justice of the peace in presence of two witnesses.8 A corporation may seal bills with the corporate seal," or may authorise its directors or officials to sign on behalf of it,10 subject to any provision on the subject contained in its articles of association.11 A bill or note shall be deemed to have been made, accepted, or endorsed on behalf of any company incorporated under the Companies M. 16,810; cf. M'Ilwraith v. M'Mikin, 1785, M. 16,820,-initials. Kennedy v. Watson, May 25, 1816, F.C.; Ker v. Riddell, 1803, Hume, 50; Craigie v. Scobie, 1832, 10 S. 510; Cockburn v. Gibson, Dec. 8, 1815, F.C.-mark. As to summary diligence, see s. 98, p. 208. 837 and 38 Vict. c. 94, s. 41. 9 S. 91 (2). 10 Clark on Partnership, i. 231; Thomson, 142. 11 See Hannan's Lake View Central, Limited, v. Armstrong and Co., 1900, 5 Com. Cas. 188. Acts, if made, accepted, or endorsed in the name of the company by any person acting under the authority of the company, or if made, accepted, or endorsed by or on behalf or on account of the company by any person acting under the authority of the company.1 6. To pay a sum certain in money.-Any expression equivalent to "pay" may be used, for example, "deliver," or "credit in cash," 2 but not "account for."3 But an order or promise to do any act, or to deliver goods, or to deliver a bond, or to grant a bill, or to pay in bank notes, is not a bill. 8 Money is current coin. As to legal tender, see the Coinage Acts. As to the meaning of "a sum certain," see s. 9. Under the Stamp Act also a writing in which the sum payable is not ascertained, is not a bill or note. 10 A negotiable bill is void, if the sum contained in it is less than one pound sterling.11 7. On demand 12 or at a fixed or determinable future time.13 -Writings bearing to be payable "at the term " 14 and "during February" 15 have been held to be notes, requiring to be stamped as such.16 8. To a specified person or bearer.17 • The fund might prove insufficient.18 d The words, "which sum is on account of the dividends and interests due on the capital and dividends registered in the books of the A Bank in name of B, which you will please charge to my account and credit, according to a registered letter I have addressed to you," fall within this provision.19 S. 3. S. 3. S. 4. Inland and foreign bills. • The following statements fall within this provision :— "In part liquidation of our debt to you of deficiency of 7s. 6d. per £1, as per our settlement in December 1857."1 "Being my contingent extra 2s. 6d. per pound with interest," in a bill granted to one of his creditors by an insolvent person who had undertaken to pay three instalments of 2s. 6d. and a fourth if his creditors required it.2 "On account of moneys advanced by me for the S. and F. Company."3 "And charge the same against my account of wright-work for your house." 4 As to orders or precepts for payment written on accounts, see section 53. f As to the holder's right to insert a date after issue, see sections 12 and 20. An alteration in the date is material under section 64. g See section 27. ʼn See section 45 (4). 4. (1.) An inland bill a is a bill which is or on the face of it purports to be (a) both drawn and payable within the British Islands, or (b) drawn within the British Islands upon some person resident therein. Any other bill is a foreign bill. For the purposes of this Act "British Islands mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty.c (2.) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill.a a As to promissory notes see s. 83 (4). 1 Macfarlane v. Johnston, 1864, 2 M. 1210. 2 Bank of Scotland v. Faulds, 1870, 42 Sc.J. 557. 3 Griffin v. Weatherby, 1868, L.R. 3 Q.B. 753. 4 Isles v. Gill, 1836, 14 S. 996. b An inland bill need not be protested on dishonour, but a foreign bill must be.1 As to the place where a bill is payable see s. 45 (4), and as to the interpretation of foreign contracts of acceptance or indorsement on inland bills see s. 72. c The stamp duty on bills or notes not payable on demand, drawn in the United Kingdom, must be denoted by appropriated impressed stamps, and that on such bills or notes drawn or purporting to be drawn out of the United Kingdom, by adhesive stamps, but the stamp duty on any bill payable on demand, or within three days after date or sight, may be denoted by a penny postage stamp.2 A bill drawn in the Isle of Man upon a person resident in Scotland, though an inland bill under this Act, must be stamped as a foreign bill.3 d The result of this provision, read along with the words "which is, or on the face of it purports to be," in sub-section (1), "appears to be that though a bill purports to be a foreign bill, the holder may nevertheless show that it is in fact an inland bill for the purpose of excusing protest; while if it purports to be an inland bill, though really a foreign bill, he may treat it, at his option, as either.” 4 S. 4. 5. (1.) A bill may be drawn payable to, or to the S. 5. order of, the drawer; a or it may be drawn payable to, Effect where or to the order of, the drawee.b с different parties to bill person. (2.) Where in a bill drawer and drawee are the are the same same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or as a promissory note.f a See Chamberlain v. Young.5 The drawee may act in two capacities, for example, as 1 S. 51 (1) (2). 2 54 and 55 Vict. c. 39, ss. 2, 7, 10, 34-36, pp. 262-268, infra; 62 and 63 Vict. c. 9, s. 10 (2), p. 274, infra. 3 Griffin v. Weatherby, 1868, L.R. 3 Q.B. 753. 4 Chalmers, 16. 5 [1893], 2 Q.B. 206; s. 7 (2). S. 5. banker of the drawer, or in some representative capacity, and as an individual. If at maturity he is holder of the bill in the same capacity in which he is acceptor, the bill will be discharged.1 c See s. 2. If two or more individuals carry on distinct businesses under different firms, the firms are separate persons in law, but if the same individuals carry on the same business under different firms, the firms are one person; 3 and if an individual carries on business under a firm of which he is the sole partner, he and the firm are the same person.* d See also ss. 41 (2a), 46 (2b), 50 (2c), and on the meaning of "fictitious person," s. 7 (3). • See s. 2. The drawer cannot plead that the bill is a promissory note if the holder does not do so.5 f The holder of a bill which falls under this sub-section, may treat it as a promissory note of which the drawer is maker. Therefore he need not present it in order to make the drawer liable. In order to preserve recourse against an indorser, if the drawee is a fictitious person, the holder has the option of presenting the bill for payment to the drawer as maker of a promissory note or of treating it as dishonoured by non-payment without presenting it,8 but if the drawer and the drawee are the same person, or if the drawee is a person incapable of contracting, the holder must present either to the drawee or to the drawer as maker of a promissory note. In any case the indorser is entitled to notice of dishonour unless he was aware when he indorsed the bill of the fact that the drawee was a fictitious person or a person without capacity to contract.10 If the drawee is a fictitious person or a person incapable of contracting, the |