STAYING PROCEEDINGS-(continued).

if holder bring several actions against acceptor, drawer, and indorser,
the court will stay proceedings against drawer or indorser, on pay-
ment of the debt and costs of that particular action, 473.

but action against acceptor only stayed on payment of debt and costs
of all the actions, 473.

what the best course to pursue in this case, 473.

in an action on a bill court will stay them sometimes till creditor has
proved his debt under a bankrupt's commission, 576.

STEALING

a bank note felony, 426.

STOCK-JOBBING,

a transaction in is illegal, 101.

a bill given in respect of such transaction is void in the hands of a per-
son who got it after it was due, or with notice of it, 101.

under what circumstances proof under bankruptcy was restrained on
promissory notes given for such transactions in, 102.

STOLEN BILL. (See " Loss.")

STOPPING PAYMENT.-(See " Bankruptcy.")

stopping payment upon a subsequent transfer of a bill invalid, 156.
payment, invalid, 364.
though not an act of bankruptcy, will prevent the operation of the sta-
tutes protecting payments, made after a secret act of bankruptcy,
364. 550.

STYLE,

old and new style, where they prevail, 336, 7.

when a bill is drawn at a place using one, and payable on a day certain
at a place using another, time when due calculated according to
latter, 336, 7.

but if time to be computed from date it must be done according to
style of place where drawn, 337.

and in all other cases according to style of the latter place, 337.
when is payable according to style of place where drawn, how to com-
pute the time, 337.

and in that computation of time on bills, day of date or acceptance is →
excluded, 338.-(See " Days of Grace.")

and when bill is not dated, time computed from day it issued exclu-
sive, 338.

SUMMONS. (See " Judge," "Rule," "Staying Proceedings.")

to stay proceedings may be taken out before a Judge in vacation, 472.
the same to refer bill, &c. to master, &c. to compute, principal inte
rest, and costs, 473.

how to obtain such a summons, 474.

when Judge, on summons, will order a copy of a bill to be given, 472.

SUNDAY,

a bill of exchange may be dated on a Sunday, 97.

in what countries it is, and in what it is not, a day of grace, 340.

when last day of grace is Sunday in England, presentment must be on
the preceding, 341.

this rule extends to Christmas Day and Good Friday, 341.

Saboath, or great festival of a Jew, excuses delay in giving notice, 277.

SUPRA PROTEST. (See " Acceptance Supra Protest," "Payment Supra
Protest.")

SURETY. (See "Guarantee," "Bankruptcy.")

when entitled to notice of dishonor, 264.

when discharged by indulgence to principal, 373, 4.
when he may prove under a commission, 565 to 584.

TENDER,

made by drawer or indorser of a dishonored bill, on day of notice, be-
fore a writ issued, is sufficient, 299.

made by acceptor, after presentment, is not good, 299, 366.

of bank notes, not sufficient, if objected to at the time, 426.
must be specially pleaded, 480.

after a tender of the money, and wrongful refusal to deliver up bill,
interest ceases to run, 540.

TIME. (See Computation,"
" "Reasonable Time," "Presentment for Ac-
ceptance," "Presentment for Payment.")

how computed, in case of bills, 120. 335 to 356.

of payment ought to be stated on the bill, 78, 79, 80.
of transfer or indorsement, when to be made, 160 to 169.
of presentment for acceptance, 207 to 212.

allowed for acceptance, 217.

of presentment for payment, 335 to 356.

for making protest, 278. 281. 288. 399.

when to give notice of non-acceptance, 217. 288 to 292.

when to give notice of non-payment, 399 to 407.

giving time for acceptance or payment, consequences of, 371, &c.

conditional agreement to give time does not discharge drawer or in-
dorser, 378, 9.-3 Price, 474.

TRADE,

any contract made in general restraint of, bad, 96.
otherwise if such contract is qualified, 96.

in opposition to the laws of a chartered company illegal, 102.

TRANSFER.--(See " Indorsement," "Assignment.")

by indorsement.-(See " Indorsement.")

by delivery. (See" Indorsement," "Assignment.")

TROVER,

cannot be maintained for bills against indorsee of the person to whom
they had been pledged, 146.

will lie for bills improperly indorsed over, 168.

a person discounting a bill which he knows has been lost by the real
owner, is liable to an action of, 169.

will lie against a banker for discounting a bill after notice of its having
been lost, 192.

will lie for wrongfully withholding bills, &c. 197.

in trover, for bank notes, what evidence has been deemed sufficient to
establish right of property, 392. 426.

an action of, will not lie against a bonâ fide holder by true owner,
bank notes lost, 425.

of

in order to hold to bail in trover for a bill, affidavit should state that
such bill is unpaid, and value of it, 448.

on trial of an action in trover for a note, no notice to produce same ne-
cessary, 485.-(See " Evidence," "Notice.")

før bills, interest ceases after demand and refusal to surrender, 540.

TRUSTEE,

of bills, payable to one for the use of another, by whom to be in-
dorsed, 160.

to whom payment should be made, 358.

USANCE,

definition of the term, 341.

foreign bills in general payable at usances, 341.

varies according to custom of different countries, from 14 days to three
months after date of bill, 341.

a double, treble, or half an usance, what they are, 341.
when a month is divided it is always 15 days, 341.
the different usances between different places, 341, 2.
calculated exclusively of the day of date, 342.

bills payable at, when due, 342.

if a bill is payable at, the length of them must be averred in the de-
claration, 456.

they must also be proved, 484.

USURY. (See "Consideration.")

Construction on Statute 12 Ann. c. 16.

the statute 12 Ann. stat. 2. c. 16, invalidates every usurious con-
tract. See Statute, Appendix, 690.

the statute 58 Geo. 3, c. 93, renders bills valid, in hands of boná
fide holder, becoming so after passing act. See Statute, Ap-
pendix, 692.

in, any contract for payment of money to be lent, makes it void
under 12 Ann. stat. 2, c. 16-98.
[690.
statement of the provisions of that statute, 98, 9. See Appendix,
a party guilty of, forfeits treble the sum lent or forborne, 98.
a private stipulation avoids all contracts though they may be legal
on the face of them, 99.

affects bills of exchange, even in hands of a bonâ fide holder, 99.
usury in first indorsement the like effect under stąt. Ann. 104. n. 8.
not so now since 58 Geo. 3, c. 93—513. Appendix, 692.

it is not usury for an acceptor to discount his own acceptance at a
premium, 108. 114.

usury under colour of à sale of a bill-4 Price, 50.

when a bill is void for, and second security for what is fairly due
given to the holder bonâ fide, such security is valid, 100.
usury at any time between the payee and indorsee of a bill, origi-
nally founded on a good consideration, how far such bill is void,
104.

in that case it has been determined as not vacating the contract,
106,7.

where deeds or property have been deposited as a security to fulfil
a contract, founded on usury, they may be retained till principal
and legal interest be paid, 107.

taking discount in advance of a loan of money is, 107.-(See
66 Discount,"
"" Interest.")

if a banker makes an unreasonable charge for commission, it is
usury, 107. (See "Commission.")

it is usury to take 73. 6d. per cent. commission, 110.

a stipulation by a banker for reasonable charges, exclusive of
costs, &c. for his trouble, in the conduct of business, besides
discount, is not usury, 111.

it is usury to discount a bill, and without rebate of interest to give
a bill, unless such bill be payable on demand, 112.

what circumstances have been decided as not coming within this
rule, 113.

USURY.-(continued).

compelling a party to take goods on the discount of a bill, usury
is presumed, 113,

what evidence necessary to rebut this presumption, 113.

a proposal coming from the holder to take goods, or readiness to
accede to it, alters the rule, 113.

a banker is guilty of, if he advance money to take up a customer's
bill, and charge usual commission, 114.

an acceptor of a bill is not guilty of, for taking more than five per
per cent. on discount of it, 114.

a broker is not guilty for taking 10 per cent. for getting a bill dis-
counted, 115.

in an action for, on a check, forbearance should be stated from time
it was given, 414.

in a count for, variance in name when fatal, 452.-(See " Mis-
nomer.")

how it should be proved as a defence, in an action on a bill,
525, 6, 7.—(See "Evidence.")

letters from a person, whilst he holds a bill, are evidence against a
subsequent holder, 525, 6.

VALUE RECEIVED,

[88.

words in a bill, when they import value received by drawer of payee,
what and how may be stated in a bill or note, 64.

for various instances, 64.

in France must be expressed in a bill, otherwise in England, 87.
these words need not be stated in a bill, 87.

when an inland bill or note should contain these words, 88.

[88.

a bill or note having these words, who may sustain an action of debt,

to aid a variance these words may be inserted at trial, 88.
the usual interpretation of these words, 88.

need not be stated in the declaration, 88, in n. 4.

particular statement of the value will not render bill contingent, 64.
unless in an inland bill, cannot be protested for non-acceptance, 282.
or for non-payment, 397.

statement in declaration of whom value received, 84. 456, 7.
declaration for value" received” in leather, instead of value “delivered,”
&c. is no variance, 456,

bill or note must express to be value received, in order to sustain the ac-
tion of debt, 546.

VARIANCE. (See " Declaration.")

in stating a material part of a bill or note in a declaration, fatal, 452.
though it be stated under a videlicet.-(See " Videlicet.")

what is, and what is not, a variance in respect to names, 452, 3.—(See
"Misnomer.")

in respect to real name of indorser, from that which appears in the de-
claration and bill, immaterial, 453.

no variance to omit the name of an infant acceptor, 453.

no variance for a declaration to state that bill was accepted by three
persons, though proved to have been so by a fourth, but who. was
dead, 454.

no variance to describe a joint and several note as made by one person
only, 454.

when a mis-recital of the date of a bill or note would be a variance,
and when not, 454.

no variance to state in a declaration that note was made in London,
when, in fact, it bears date at Paris, 456.

VARIANCE (continued).

and it is the same in regard to inland bills, 456.
nó variance to state in the declaration

bill run,

66

value received in leather," if
"value delivered in leather," 456.

if a note promise never to pay, no variance to leave out the word
"never," 457.

O variance to state acceptance different from day on which it was in
fact made, 459.

it is a fatal variance to omit a statement in a declaration on a bill of a
conditional engagement, though it be performed, 460.

no variance to state in pleading that bill was payable to plaintiff if it
was payable to his order, 456, 460.

if bill payable to a married woman, and indorsed by her husband, no
variance to state it in pleading as payable to him, 460.

it is no variance to state in declaration that indorsement was made be-
fore due, and evidence shew it to have been after due, and vice
versâ, 462.

it is said the same rule prevails in regard to an acceptance, but it seems
to be doubtful, 459.

between evidence adduced, and description of bill or note, fatal, 483.
a small variance between declaration and evidence in respect to in-
dorser's name, immaterial, 502.

VENDOR

of an estate does not waive his lien on it by taking a bill or note, and
receiving its amount by discount, 125.

of goods sold on a credit, if he draw a bill on vendee for amount of
them, payable before credit has expired, he is not entitled to notice
of dishonor, 270.

of goods entitled to interest from time bill due would have been due,
if at time of the sale vendee agreed to pay by a bill, 538.—(See
"Interest.")

interest is then recoverable on the count for goods sold, 538.

VENUE,

in an action on bill or note, may be laid in any county, 450.

court will not charge it on affidavit of defendant that it was made in
another, 450.

in action on a note bona fide brought, plaintiff may retain the venue
though it be for other causes, 450.

but it will not suffice to retain the venue to introduce a count on a
non-existing note, 450.

but the court will sometimes on very special circumstances change the
venue, 450, 1.

what is a special circumstance to induce court to change venue, 451.
usual to state place where bill drawn, and venue under a videlicit, 455.
in actions on foreign bills it must be so, 451.

VERBAL

acceptance. (See "Acceptance.")

release, the operation of it, 247.—(See "Release.")

VERDICT,

if a prior party to a bill sue a subsequent one, and get a verdict,
judgment will be arrested, 442.

omission of averment of notice of dishonor, fatal even after verdict, 465.
verdict to be obtained if it does not necessarily affect the interest of a
witness, he is competent, 527, 8.-(See "Witness.")

otherwise if it does, 529, 530.-(See " Witness.”)