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ACCEPTOR, drawee by accepting becomes, 39, 99

of overdue bill, liable on demand, 82

may sign as, on blank paper or incomplete bill, 114
contract of, incomplete until delivery or notice, 119
if bill not in hands of, delivery presumed, 121
only person signing as, liable as, 138

when not personally liable, 159

accepting as officer of a corporation, 159

in other representative capacities, 164

when holder deemed holder for value as against, 179
when bill may be re-issued by, 231

protest not necessary, as against, 308

bill to be delivered to, on payment, 309

when liable without presentment for payment, 306

suspending payment, protest for better security, 301
undertakes to pay bill, 312

estoppel of, as to drawer, 313

where drawer is payee, 314

as to payee, 67, 315

bill discharged on payment by, 332

liable to drawer or indorser, 349

becoming holder at or after maturity discharges bill, 352

holder may renounce as to, in writing, or by surrender of bill, 353
of bill in set not getting part accepted, liable to holder, 378

ACCEPTOR FOR HONOR, who may become, 366

must sign as such, 368

engages to pay bill conditionally, 369

to whom liable, 369

presentment for payment to, 370

time for presentment for payment to, 370

if bill dishonored by, must be protested, 371

ACCESSORY TO BILL discounted, collateral security is, 182, 420
ACCOMMODATION BILL, defined, 183, 184, 185

when deemed to be issued, 184

when drawer or indorser of, not entitled to notice of dishonor, 266,

267, 294, 295

discharged when paid by party accommodated, 351-2

ACCOMMODATION PARTY, defined, 183

liable to holder for value, 184-6

rights of, 185

paying bill, discharges it, 351-2

ACCORD AND SATISFACTION, common law rule altered in Ontario,

354

bill discharged by accord without satisfaction, 354

ACT, short title of, 21

mainly copied from Imperial Act, 3

largely declaratory of old law, 21

came into force, Sept. 1st, 1890, 447
not retrospective, 447

Amending, of 1891, 449

ACTS REPEALED. See Statutes

ACT OF HONOR, formerly necessary, before acceptance, 368

still necessary before payment for honor, 372

what must contain, 373

form of, 473

ACTION, includes counter-claim and set-off, 23

against drawee who pays on forged indorsement, 146

by drawee or indorser who pays on forged indorsement, 146
evidence of fraud in, shifts onus of proof, 198

to compel indorsement, 211

holder may bring, in his own name, 232

limitation of, 341--See Statute of Limitations
on lost bill, 375

ADDENDA ET CORRIGENDA, xxxiv.

ADDRESS, notice at customary, sufficient, 284

party may give, under his signature, 285
notice to indorsers who do not give, 286
on posted notice, 287-290

to drawees when irregular, 58, 59

ADMINISTRATOR, when personally liable, 164

may indorse without personal liability, 211
bill held in capacity of, 352

AFTER DATE, a determinable future time, 82

bill payable, if issued undated, 85

has days of grace, 90

how maturity reckoned, 93

presentment for acceptance unnecessary, 242

AFTER SIGHT. See Sight

AGENT, see also Principal and Agent

signature by procuration, notice of limited authority, 153
person not capable of contracting may be, 154

illustrations of powers of, 155-9

when not personally liable, 159
illustrations of liability of, 161-4

may give notice of dishonor, 274

notice of dishonor may be given to, 279-80

notice when dishonored bills is in hands of, 283

of bank, when must not act as notary, 305

of holder may cancel bill, 359

discharge any party, 359

of payer for honor, may make declaration for act, 373
cheque crossed to another bank as, 409-411

ALLONGE, defined, 213

indorsement may be on, where recognized, 213

ALTERATION, of bill, 361

material, renders bill void, 361, 362

if not apparent, proviso, 361, 362
what are, 363, 409

illustrations of, 363-4

illustrations of, not material, 365

fraudulent, is forgery, 365

ALTERNATIVE, instrument to drawees in, not a bill, 59

referee in case of need not so considered, 59

bill may be payable to payees in, 61

amount in money or alternative, not a bill, 42, 43, 44, 416

if alternative places of payment, sufficient to present at either, 259

AMBIGUOUS INSTRUMENTS, holder may treat as either bill or

note, 34, 415

AMENDING ACT of 1891, 449-See Bills of Exchange Act

AMOUNT, see also Sum Payable

corporations not to issue certain bills or notes under $20, 45
debentures to be for $100 or upwards, 456

ANTECEDENT DEBT, sufficient consideration for bill, 166, 168, 170
taking bill for, generally only conditional payment, 333-7

ANTECEDENT PARTIES, rights against, by drawer or indorser pay-
ing, 349.

ANTE-DATED instruments valid, 88, 396

M'CL.B.E.A.-33

APPENDIX I. FORMS of Bills. Cheques, Notes, and Act of Honor,

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Code of Civil Procedure, Arts, 89, 145, 887-889, p. 503

Rev. Stat. N. S. c. 82, p. 507

Rev. Stat. N. B. c. 116, p. 508

Stat. N. B. 30 V. c. 34, p. 508

ASSENT, acceptance is, to order of drawer, 99

of drawee and indorsers to qualified acceptance necessary, 254
ASSIGNMENT, bill not an, of funds in hands of drawee, 310
of bills otherwise than by indorsement or delivery, 206
of chose in action, 70

of debts in Quebec, 70

ASSUMED NAME, party using, liable as if he used his own, 141
AT OR AFTER SIGHT--See Sight

AU BESOIN-See Referee in Case of Need
AUTHORITY, to fill in date, 85, 87, 114

to complete bill and fill up blanks, 114

illustrations of, 115-6

blanks must be filled up in accordance with, 117

death revokes, unless value given, 118

name signed without, is inoperative, 145, 148

estoppel as to denial of, 150

procuration is notice of limited, 153

of officers of corporations, 151

of partners to bind firm, 154, 215

of agent. See Principal and Agent

restrictive indorsement is limited, 222

qualified acceptance taken without, discharges parties, 253, 254
cancellation without, is inoperative, 360

AVAL, defined, 319

in same position as ordinary indorser under the Act, 319

illustrations of, 322. 418

under Civil Code, 19, 493

BANK, defined, 25. See Cheques

misdemeanor, improperly to use name of, 26

restricted to seven per cent. interest, 75

BANK-Continued.

cheque is demand bill drawn on, 395
usage of, may decide reasonable time, 402
duty of, to cash customer's cheques, 404
paying crossed cheque, when protected, 410
collecting crossed cheque, when protected, 412
BANK ACT, banks recognized by, 25
limitation as to rate of interest, 75
banks under the provision of, 395
present Act not to affect, 446

BANK DEPOSIT RECEIPTS, 458

BANK NOTES, law regulating the issue of, 418, 454
"BANKRUPT," struck out by amending Act, 450

BEARER, defined, 26

bill payable to, 33, 45, 72

prohibition as to issue of, 45, 132

when payee is fictitious, 63

negotiated by delivery, 207

holder of, without interest may sue, 234, 235

note payable to, 413, 415

bank notes payable to, 415, 418

Dominion notes payable to, 418

debentures payable to, 455-8

BETTER SECURITY, protest for, if acceptor suspends payment, 301

BILL, in Act means bill of exchange, 26

BILL OF EXCHANGE, origin of, xl.

history of, xl.

defined, 33

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forged or unauthorized signature, 145. See Forgery

signature by procuration, 153. See Procuration

consideration for, 166. See Consideration

accommodation party to, 183. See Accommodation Party

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