when must refuse to honor cheque, 26 liability as drawee of cheque, 67,68 obligation to pay customer's cheque, 67 duties in case cheque drawn in breach of trust, 68 entitled to reasonable time to carry money to customer's credit, may refuse to cash cheque when drawn to more than balance at duty only to pay cheque at branch on which drawn, 114 liability for negligently dealing with bill presented for payment, paying cheque purporting to be indorsed by payee, 126 duties as to paying crossed cheque, 183,184 collecting crossed cheque, 185,186 See Cheque-Crossed Cheque-Drawee. BANKING HOURS, when presentment must be within, 109 what are, 110 BEARER, instrument payable to, negotiable by delivery, 87 bill indorsed in blank, is payable to, 97 payment of bill to, 124 BETTER SECURITY, protest for, 159-161 BILLS IN SETS, definition of, 188 Stamp Act does not contemplate more than set of three, 189 holder of first acquired part entitled to all, 190 penalty under Stamp Act for not drawing full set, 213 BILL OF EXCHANGE, origin of, 12 definition of, 19 includes a hundi and cheque, 208,220 parties to, 19 registration of, 19 compared with note, 20 by Lord Mansfield, 21 must be for payment of money alone and unconditionally, 20 payee of, must be certain, 20 omission of date, 22 not admissible in evidence unless properly stamped, 22,211 inland and foreign, defined, 37 when, may be treated as note, 43 inchoate, 44-48 maturity of, 49-51 authority of partner to bind by, 63,64,207 discharges from liability on, 124-126,128-137 noting and protesting of, 158-165 acceptance and payment for honor, 169-173 by drawee in case of need, 173 presumption as to consideration for, 176,177 date of drawing, 176 acceptance, 176 that transfer was before maturity, 176 lost, was duly stamped, 176 holder of, is holder in due course, 176 may be drawn in sets, 188-190 penalty for not drawing full set, 213 international law relating to, 190-195 how to be stamped, 209 penalty on post-dated, 213 stamp on, 214-216 rules of Governor-General as to stamping, 218,219 who may be joined as parties to suit on, 223 BILL OF EXCHANGE-Continued. may be taken in execution of decree and sold, 225,226 summary suit on, 226-228 forms of plaints on, 228,237 protests, 239-241 See Acceptance-Acceptor-Alteration-Civil Procedure Code. Drawee-Estoppel-Holder-Hundi-Inchoate Instrument. Promissory note-Protest. BILLS OF EXCHANGE ACTS (VI of 1840; V of 1866,45 & 46 Vic. c. 61). who must draw, when account in name of more than one, not being partners, 25 taken in payment of debt, 26 of person, who is dead, 26 insolvent, 26 lunatic, 26 under sentence of forfeiture of property, 26 when banker must refuse to honor, 26 stamp on, 26,214 may be stamped with adhesive stamp, 209 power of drawee to stamp after issue, 26,211 penalty for negotiating unstamped, 26,212 skeleton cheques may be impressed with stamp, 26 relations between banker and drawer of, 68 no privity between banker and holder of, 69 not an equitable assignment of debt, 70 what is an over-due, 102 what is reasonable time for presentment of, 114,115,166 CHEQUE-continued. consequence of holder of, failing to present within reasonable payment of when indorsement of, purports to be by payee, 126 included in bill of exchange, 220 limitation as to, 220-222 See Alteration-Crossed Cheque-Payment-Presentment. CHOSE IN ACTION, assignment of,"39 See Instrument. CHRISTMAS DAY. See Holiday. CIVIL PROCEDURE CODE, (Act XIV of 1882) references to in text, 30,37,121,123,149,174 appendix, 223-238 joinder in suit of parties liable on bill or note, 223 suit to include whole claim, 223 obligation and collateral security one cause of action, 223 rules as to production of documents relied on with plaint, 223 effect of non-production of documents, 224 suit on lost negotiable instrument, 224 decree may order payment of interest, 224 by instalments, 224 decree for indorsement of negotiable instrument, 225 deposit of bill in Court and stay of proceedings, 227 recovery of noting expenses, 227 what Courts may entertain summary suits, 228 forms of plaints on negotiable instruments, 228-237 CLERK, of concise statements, 237-238 of summons in summary suit, 238 authority to draw or indorse when may be implied, 62 notice of dishonor to, 148 |