532 ACCEPTANCE-continued. how discharged, 262. by waiver, 197, 264. what a plea of waiver shou'd state, 266. by taking other security, 266. in case of joint acceptors, by taking security from one, 266. release of acceptors, 313. release by or to one of several, 314. how far covenant not to sue will operate as release, 315, 322. agreement not to sue, 323. effect of release may be restrained by the terms of the instrument, admits drawer's handwriting, 267. and authority of agent to draw, 39, 267, 268. but not to indorse, 39, 268. nor indorsement, 267, 268. where drawee cannot dispute his acceptance, 268. forged acceptance, 268. ratification of, 37, 39, 268. payment of, no estoppel, 268. obligation to accept, 268. See also Agent; Corporation; Executor; Infant; Married ACCEPTANCE SUPRA PROTEST, mode of accepting supra protest, 269, 270. who may so accept, 254, 271. whether there may be several acceptors supra protest, 254, 271. conduct for holder to pursue who takes an acceptance supra presentment for payment to the drawee still necessary, 271. against what parties acceptor supra protest acquires a right of ACCEPTOR, contract of, 266. ACCOMMODATION BILL, what it is, 138, 149, 150. when a defence that a bill was drawn for accommodation, 138, 149. accommodated drawer not entitled to notice of dishonour, 241, 242. nor accommodated indorser, 245. drawer discharged by indulgence to the acceptor, 319. proof of, in bankruptcy, 465. in the hands of an indorsee for value, 466. may be indorsed by bankrupt after bankruptcy, 481. operation of Statute of Limitations as to, 357. notice no defence against a holder for value, 138, 149. liability of party accommodated, 150, 191, time of issue of, 335. ACCOUNT, direction to place to, 99. 446. mutual, when not barred by the Statute of Limitations, 362. ACCOUNT STATED, when a bill or note evidence under, 24, 435. ACKNOWLEDGMENT. See Limitations, Statute of. by banker, 304 note (a). ACTION ON A BILL OR NOTE, who may bring, 2, 139, 178, 403. suing in the name of another, 2, ncte (j), 178, 404. debt and assumpsit, 418, note (s). when a corporation could sue or be sued in assumpsit, 78. party liable in two capacities, 407. how far extinguishment of the right of action as to one party will affidavit to arrest, 448. imprisonment for debt abolished, 448. trover or detinue for a bill, 397. effect of judgment in an action of trovcr in changing the property former relief in equity, 398-401. venue, 409. inspection, discovery and interrogatories, 350, 430. staying proceedings, in what cases, and on what terms, 430. Bilis of Exchange Act, 1855, 26, 410, note (d). summary procedure, 410. ordinary procedure, 415. leave to defend, 413. statement of claim, 416. statement of defence, 417. defences, 418, note (s). set-off and counter-claim, 422. reply, 429. mode of trial, 431. right to begin, 431. evidence, 433--439. proofs in various actions, 437. damages, 439. interest, 439-444. re-exchange, 444. costs, 446-448. judgment and execution, 448. ACTS OF BANKRUPTCY. See Bankruptcy. ADDRESS, if given on bill, presentment must be made there to charge drawer to the drawee, 98. of notice of dishonour, 224, 245. ADJUDICATION. See Bankruptcy. ADMINISTRATOR. See Executor. of illegality of consideration, in order to set aside judgment, 164. of absence of consideration, 431. under summary procedure, 412-415. under the Bills of Exchange Act, 1855, 27, 410--412. AFTERDUE BILL, 23, 190–192, 426. AGENT, title of, 187. who may be, 37. may make a valid contract for his principal, though incompetent distinction between a special and general agent, 37. actual and ostensible, 37. how appointed, so as to bind his principal on a negotiable instru- whether a general authority to transact business confers such how a special authority to accept or indorse is to be construed, 38. when to be required, 41. procuration, 39, 41. authority to draw admitted by acceptance, 39, 266. not so authority to indorse, 39, 266, 268. exceeding his authority, can in no case convey a title to bill over- when an agent will be personally liable on his signature, 40, 44, 81-83. by drawing or accepting without authority, 40, 42, 81, 83. cannot delegate his authority, 37, 42. cannot, when he exceeds his authority, convey a title by indorse- guilty of a misdemeanor if he fraudulently negotiate or deposit transfer by agent in case of restrictive indorsement, 181. trover against transferee of agent, 40, 480. whether in any case a holder is bound to acquiesce in acceptance how agent's authority determined, 42. what notice should be given of revocation of agent's authority, 42. liability of agent to his principal, 46. signing as principal cannot be discharged by parol evidence, 43. agent purchasing a bill for a foreign principal, 185. when a bill or note may be evidence of an agreement, 108. agreement relating to bill or note, when and between what parties agreement delivered as an escrow, 113. to renew, 113. ANNUITY, description of drafts and notes in the memorial, 88, note (p). APPENDIX, I. Notary's fees of office, 483. II. Statutes, 485. APPROPRIATION OF PAYMENTS, 299, 364. See Payment ARREST, on a bill or note, 448. ASSIGNEE. See Bankruptcy. ASSIGNMENT. See Indorsement and Delivery. ASSUMPSIT. See Action. ATTESTING WITNESS, unnecessary now to any bill or note, 95, 434. ATTORNEY, has a day to communicate notice of dishonour to his client, 230. when personally liable on a bill. See Agent. infant or married woman, when they may be, 37. the partner of an attorney has no implied authority to bind his note in payment of an attorney's bill, 164, 374. ATTORNEY, POWER OF, in respect of bills, how construed, 38. whether a holder is bound to take acceptance under, 42. |