PRESENTMENT FOR ACCEPTANCE-continued. advisable in all cases, 180. when necessary, 180. when it should be made, 180. at what hour, 182. when excused, 182. to whom, 183. consequence of negligence in party presenting, 183. whether the owner is bound to acquiesce in acceptance by agent, 35. PRESENTMENT FOR PAYMENT, how made, 201. in case of bankruptcy or insolvency, 202. whether necessary when a bank stops payment, 203. not necessary in order to charge a guarantor, whose name is not where drawee is dead, 203. or cannot be found, 203. at what hour, 210. computation of time, 203, 205. where the instrument is payable on demand, 207-210. where payable at sight, 207. after sight, 207. of a check, 209. usance, 204. general rule, 208. of bank notes, 209, 210. where no time is specified, 210. where bill lost or destroyed, 372. where, when a bill is made payable at a particular place, 211. pleading, where bill is made so payable, 213, 214, 420. presentment, when note is so payable, 214. of bill or note when place of payment is mentioned in a memoran- not necessary in order to charge acceptor or maker, 215. effect of not presenting on the liability of other parties, 215. when neglect to present is excused or waived, 215, 216. presentment for payment to the drawee, necessary after protest for when bill or note due on Sunday, &c., 206, 283. pleading, 217. evidence, 217. PRESUMPTION, of consideration, 3, 118. as to stamp that bill indorsed before due, 170. no presumption of illegality or fraud, 121-123. of payment, 228. See Burthen of Proof. PRINCIPAL AND AGENT, See Agent. on in streement 517 PRINCIPAL AND SURETY. See Indulgence. what parties principals, and what sureties, 242, 244. 575 valid agreement to give time to the maker or acceptor, discharges agreement to give time to prior indorser, discharges subsequent in- the agreement to give time must, in order to discharge other parties, taking fresh security, 247, 249. a warrant of attorney, 248, 250. accepting part payment, 248. proving under fiat, 249, and see Bankruptcy. how discharge of surety may be prevented, 251. compounding, 249. waiving execution against the person, 247. against the goods, 248, note (o). agreement that the surety shall not be discharged, 251. consequence of indulgence, how waived by consent, 252. action between co-sureties, 253. proof under a fiat by a surety, 445. PROCURATION. See Agent. the words per procuration, notice of limited authority, 33. PRODUCTION OF BILL, unnecessary at trial unless issue require it, 434. PROMISE TO PAY, effect of, 190, 260. PROMISES MUTUAL, when satisfaction, 232, note (e). PROMISSORY NOTE, what it is, 5, 208. what at common law, and what by statute, 5. foreign promissory notes, 6. form of, 6. note by a man to himself, 6, 89. Lundur seal 67m how declared on after indorsement, 6. note by a man to himself and another, 7. English notes assignable abroad, 6. joint and several, 7. contribution between joint makers, 8. payable by instalments, 7. by principal and surety, 8, 242-244. See Principal and Surety. contracting words in, 10. invalidated by agreement to give further security, 12. not invalidated by reciting collateral security, 12. ambiguous instruments, 89. must be for a certain sum of money only, 91. and in specie, 91. PROMISSORY NOTE-continued. must not be conditional, 92. nor be payable out of a particular fund, 95. time of payment may be uncertain if inevitable, 94. when an irregular note may be evidence of an agreement, 95. effect of memorandum on the note, 97. of distinct agreement relating to the note, 98. when evidence under the common counts, 435. given by an infant for necessaries, 58, 60. payable at a particular place, 214. promise in, 10. RELEASE, what it is, 237. premature, 237. at maturity, 237. by a party not the holder, 237. to the acceptor, 238, 247. to one of several acceptors, 238. how far a covenant not to sue will operate as a release, 238. its effect on the liability of other parties, 238. whether its effect may be restrained by the terms of the instrument, 238. bill or note does not suspend distress for, 380. REPUTED OWNERSHIP, applies to bills, 460. See Bankruptcy. writing bills in the hands of agent or banker when they pass by, 461, 462. REQUEST TO PAY, what sufficient on the face of the bill, 79. how made, 201. B. PP RESIDUE, transfer for, 172. RESTRICTIVE INDORSEMENT. See Indorsement. RETIRE, meaning of the word, 222. RETOUR SANS PROTÊT, 259. RETRACTATION OF PAYMENT, 230. REVENUE LAWS, 397. RIGHT TO BEGIN, 431. S. SALE OF BILL, what is considered as such, 159. power of, where there is a lien, 174, 175. SANS FRAIS, effect of those words, 259. SANS RECOURS, effect of those words, 38, 152. SATISFACTION, not necessary to rescission of contract before breach, 231. its requisites, 232. what amounts to, 232, 233. from one party releases the others, 234. payment of a smaller sum by a third party, 232. engagement by a third party, 233. relinquishing a suit, 233. when a bill operates as, 233. SCOTLAND, SEA, bills and notes of, 401; and see the 9 Geo. 4, c. 65. (Appendix.) discharge by Scotch bankruptcy, 395. bill made at, 397. beyond seas, what is, 344. SECURITY, taking security from one partner, 48. when a bill is a security for money, 84, 85. collateral, 249, 379, 433. new, 140, 313. substituted, 140, 313. deposited. See Deposited Securities. SETS OF BILLS, what they are, 385, 390. statement of, in pleading, 423. who entitled to bill, when parts are in different hands, 386. |