ACCEPTOR, drawee by accepting becomes, 39, 99 of overdue bill, liable on demand, 82 may sign as, on blank paper or incomplete bill, 114 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 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 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 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 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Imperial Act, 3 largely declaratory of old law, 21 came into force, Sept. 1st, 1890, 447 Amending, of 1891, 449 ACTS REPEALED.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 to compel indorsement, 211 holder may bring, in his own name, 232 limitation of, 341--See Statute of Limitations ADDENDA ET CORRIGENDA, xxxiv. ADDRESS, notice at customary, sufficient, 284 party may give, under his signature, 285 to drawees when irregular, 58, 59 ADMINISTRATOR, when personally liable, 164 may indorse without personal liability, 211 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 illustrations of powers of, 155-9 when not personally liable, 159 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 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 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 ANTECEDENT DEBT, sufficient consideration for bill, 166, 168, 170 ANTECEDENT PARTIES, rights against, by drawer or indorser pay- ANTE-DATED instruments valid, 88, 396 M'CL.B.E.A.-33 APPENDIX I. FORMS of Bills. Cheques, Notes, and Act of Honor, 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 of debts in Quebec, 70 ASSUMED NAME, party using, liable as if he used his own, 141 AU BESOIN-See Referee in Case of Need 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 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 BANK DEPOSIT RECEIPTS, 458 BANK NOTES, law regulating the issue of, 418, 454 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 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 |