PROTEST, necessary on foreign bills, 261, 404. check cannot be protested, 24. by whom to be made, 262. office of a notary, 262. when and where protest should be made, 262, 273, 274. form of a protest, 263. for better security, 263. notice of protest when necessary, 264. copy of, 264. PROVIDENT SOCIETY, check, bill or note of. See 39 & 40 Vict. c. 45, Appendix. REGISTRATION, of companies, 75. REISSUABLE NOTES, what, 108, 172, 173. exempt from stamp, 108. reissuing bill after premature payment, 227. RELEASE, what it is, 242. by a party not the holder, 242. to the acceptor, 243, 247, 251. to one of several acceptors, 243. how far a covenant not to sue will operate as a release, 244. its effect on the liability of other parties, 245. effect may be restrained by terms of instrument, 243. its effect on the liability of a surety, 250, 255. by appointing debtor executor, 56, 244. transfer after, 175. by parol, good by the law merchant, 199. RENEWAL OF A BILL, effect of, 240, 391. meaning of agreement to renew, 103. reasonable time allowed for application for, 103. when it discharges other parties, 252. when it is a satisfaction of the former bill, 240, 391. of bill given on illegal consideration, 146. of bill given without consideration, 147. of altered bill, 328. RENT, bill or note does not suspend distress for, 388. REPUTED OWNERSHIP, applies to bills, 461. See Bankruptcy. bills in the hands of agent or banker when they pass by, 463. SANS RECOURS, effect of those words, 39, 154. SATISFACTION, not necessary to rescission of contract before breach, 236. from one party releases the others, 239. payment of a smaller sum by a third party, 237. relinquishing a suit, 238. when a bill operates as, 238. SCOTLAND, bills and notes of, 117, 408. discharge by Scotch bankruptcy, 404. SCRIP, 98. SEA, bill made at, 406. beyond seas, what is, 350, 397. SECURITY, taking security from one partner, 49. new or substituted, 142, 319. deposited. See Deposited Securities. SET-OFF AND MUTUAL CREDIT, unknown to common law, 366. early recognized by equity, 366. introduced by statute, 366. former general statutes, 367. statutes permissive, not imperative, 369. what debts might be set off, 367. pleading, 370, 374. particulars of set-off, 370. set-off and mutual credit in bankruptcy, 370–372. how to be taken advantage of, 374. under companies act, 375. when mutual credit must have existed, 370, 373. fraudulent set-off, 371. breach of trust, 374. effect of notice, 374. attempt to deprive of, 372. mutual credit, what, 372. set-off in equity, 375. where an indemnity will operate as a set-off, 376. against holder of overdue bill. See Transfer. under judicature act, 375. when barred by Statute of Limitations, 348. SETS OF BILLS, what they are, 393, 398. statement of, in pleading, 394. who entitled to bill, when parts are in different hands, 394. number of parts, 394. effect of omitting to refer to other parts, 394. liability of drawee or indorser, 395. copies of bills, 395. substitutions, 396. SHOP NOTES, 10. SIGHT, what it is on a bill, 81. on a note, 81. presentment of bills and notes at sight, 81, 182, 208, 211, 219. no days of grace, 211. bills and notes after sight, 182, 208, 211, 219. SIGNATURE, of drawer, 89. where to be written, 89. by a mark, 79, 89. how pleaded, 89, 424, 435. by an agent, 33-36, 38, 39. not formerly essential to an acceptance, 190, 192, 193. but is so now, 193. forgery of, 332, 334. proof of, 434. SIMPLE CONTRACT AND SPECIALTY DEBTS, 55. SPECIAL INDORSEMENT, 151. SPECIALTY AND SIMPLE CONTRACT DEBTS, 55. bill or note must be for payment in, 94. on colonial bills, 406. on reissuable notes, 107, 117. when notes may be reissued, 117. reservation of interest, 117. on post-dated bill, 17, 80, 117. effect of want of a stamp, 106, 118. effect of post-stamping contrary to law, 106, 110. on instruments which are in law but agreements, 98, 108. when objection to the stamps should be taken, 119. pleading, 119, 328. none on acknowledgment, 356. penalties on unstamped instruments, 106-113. effect of alteration under the stamp act, 325-328. amount of stamp, 113-116. on sets and parts of bills, 394, note (h). presumption as to stamp, 119, 385. STAMP ACT, 104–119. STATUTE, former general issue by, 428. of Limitations. See Limitations. STATUTES. See Appendix. STAYING PROCEEDINGS, in what cases, and on what terms, proceedings will be stayed, 417. of right to sue on bill, 240, 241. effect of renewal, 240, 391. by debtor becoming administrator, 57, 241. none by covenant restraining right to sue for a limited time, 241–244. |