EVIDENCE-(continued). When consideration to le proved-(continued). but even after notice given, plaintiff will not be called on to prove but if a strong case of fraud can be made out, no notice is neces- evidence of usury will not now affect a bonâ fide holder's action, in case of a bank-note, strong evidence of fraud, or want of consi- Fourthly. Evidence of the breach of contract, and other circumstances, 513 to 524. not necessary to prove a presentment for payment, in an action note, 513. 320, 1. and in court of King's Bench, if accepted payable at a banker's, unless it is averred in the declaration, 514. 327, ǹ. 1. but advisable for plaintiff to be prepared to prove that fact, as but when made payable at a particular place in body of bill, or in 514. whenever presentment at a particular place necessary, or whenever in case of a conditional acceptance, performance must be averred in action against drawer or indorser of a bill, or indorser of a note, in such action, presentment to drawee for payment must be but evidence of presentment or demand on drawer, unnecessary, when action for non-acceptance, a due presentment must be and when bill payable at a banker's, presentment there must be and a presentment at banker's, by a notary, in the evening, is not but if a person was stationed there to answer then it will be in an action against drawer or indorser of a foreign bill, protest ff averred in an action on an inland bill, it must be proved, no interest or damages recoverable on an inland bill, without proof in an action against drawer and indorser of a bill, and indorser of if notice given by letter, notice to produce same must be given EVIDENCE (continued). Evidence of the breach of contract, and other circumstances-(continued). and a copy of a letter containing notice of dishonor, is admissible what is evidence in default of production of a letter, after notice to when evidence of notice of dishonour given, it will suffice to shew in civil cases, post-mark evidence of time and place, when and proof that notice or other paper was sent by post, always consi- a question sometimes arises as to what is the requisite proof of the instance and example cach way, 521, 522. plaintiff may prove facts to excuse neglect to present to give no- want of effects in hands of drawer sufficient excuse for these, 522. though drawer may impliedly waive, proof is necessary of indors- the evidence must be left to a jury to say whether at time of pro- when acceptor of accommodation bill sues the drawer specially, when he must prove special damage, 524. he must also prove no consideration, 524. a receipt on back of bill, no evidence of payment by acceptor, II. Evidence for the defendant, 524 to 527. depends on circumstances of each particular case, 524. what evidence necessary to establish insufficiency of stamp, 524. more positive evidence required, 525. what proof required to establish illegality of consideration, 525. if defendant prove that goods were forced on him, then plaintiff if usury committed, in discounting another bill, besides that in ac- EVIDENCE-(continued). II. Evidence for the defendant(continued). in an action by indorsee against maker of a note, when letters from but in general letters, or at least those written after a party ceased note given in payment of a picture, evidence of the inadequacy of but it may be evidence indicatory of fraud, to defeat the contract sometimes necessary for defendant to be prepared with proof to and when part payment is received, and holder take another bill in such case defendant must prove damage by want of notice of III. Competency of witnesses, 527 to 534.-(See " Witness.") when evidence of custom at Navy Pay-Office, for agents to nego- parol of a wish to indulge maker of a bill or note by payee, is not same when there was a parol agreement, 61. 2. 478. date of a bill or note is primâ facie evidence of its being made on where parol is admissible, in order to rectify the mis-spelling of a where the sum stated in the body of a bill is different from that in suppression of evidence no legal consideration for a contract, 96. parol of the contents of a bill, when it will be received, 181. 201. parol admissible when a conditional acceptance is ambiguous, 237. what circumstance will dispense with proof of allegations in a of impossibility to present bill for payment, may be given under production of a check drawn by defendant payable to plaintiff, and otherwise if parties name is merely inserted, 369. [due, 369. proof of delivery of a check, how far evidence of or a set-off a debt EVIDENCE-(continued). Miscellaneous points on evidence—(continued). if an assent, or a promise to pay bill after time given, reversés in an action on a bill protested for non-payment, brought by an indorsements of partial payments made by holder himself, evidence a receipt for payment on back of bill is prima facie of payment by what is not prima facie evidence to prove payment by acceptor, 388. what has been deemed sufficient evidence of property in trover for defendant need not shew his title to it till plaintiff has proved protest and a second accepted bill, sufficient evidence against a notary presents a bill for payment at a banker's after five o'clock, in what cases an unstamped check cannot be read in evidence, 411. as to the stamp thereon, 428, and Appendix, 689. question whether evidence of an acceptance after due is admissible if plaintiff declare that acceptor became liable to pay, and pro- when acceptance alledged in an action against drawer, what will of prior indorsement, not required in an action against an in- iu an action by indorsee against acceptor, application for time is averment of indorsement made before bill due, supported by evi- it seems the same rule prevails in regard to an acceptance, 459.- in an action for money lent on the common count, evidence may when party may or may not go into evidence of consideration in question whether a bill or note, &c. is evidence under common in executing writ of inquiry, what evidence must be adduced after EVIDENCE-(continued). Miscellaneous points on evidence-continued). what evidence admissible under the general issue, 480. 481. EXCHANGE (See "Re-exchange.") defined and points relating to it, 541. when a bill or note is payable according to the course of exchange, what acceptor of a foreign bill only liable according to course of, 332. if a foreign bill is payable in foreign money, rate of exchange and EXCHEQUER.-(See " Practice.") practice of, now to refer bill, &c. to master, 474.-Eiggs v. Stewart, wager of law, not allowed in court of exchequer, 545. bills, persons circulating not subject to bankrupt laws, 549. EXCISE LAWS, [cise, 340. contract made in repugnance of, void, 96. EXCISE OFFICER, when release given by for penalties incurred, is sufficient consideration EXECUTION, a bill or note cannot be taken in execution, 3. 426. suing acceptor to, and taking part payment and security for the rest, the rule is the same when acceptor in custody on a ca. sa. and is let may be taken out against, on a joint and several note against one of a subsequent indorser let out of, on a letter of licence, does not prevent a party to a bill charged in, but discharged as an insolvent, does not how notes should be made when a prisoner is declared in under the acceptor of a bill who has been charged in execution by the holder, if holder of a bill reject an offer to pay debt and costs, court will not [one, 445. |