INDEX.

ACCEPTANCE,

what it is, 29, 30

requisites of, 29, 30

acceptor must be a drawee, 19
mere signature alone, 29, 30
on back of bill, 30

drawee not liable before, 29

of incomplete bill, 30

of overdue or dishonoured bill, 30

of dishonoured bill payable after sight, 30, 31
general acceptance, 31

qualified acceptance, 31, 32

conditional, 31, 32

partial, 31, 32

local, 31, 32

as to time, 31, 32

by some of the drawees, 31
to pay at a specified place, 31, 32

incomplete and revocable till delivery, 30, 34-36
or notice of acceptance, 34, 36

holder may refuse to take qualified acceptance, 72
duty of holder taking qualified acceptance, 72, 73
of foreign bill in part, 72, 73

presentment for. See Presentment for Acceptance.
liability of acceptor, 94, 95

what acceptance admits, 94, 95

cheque not generally accepted, 124. See Marking Cheques.

provisions as to acceptance do not apply to notes, 149

discharge of. See Discharge of Bill.

forged acceptance. See Forgery.

ACCEPTANCE SUPRA PROTEST,

when a bill may be accepted supra protest, 107, 108

who may accept, 107, 108

for whose honour a bill may be so accepted, 107, 108
presumption where no person is named, 108, 109

mode of so accepting, 108, 109

maturity of bill payable after sight so accepted, 108, 109

ACCEPTANCE SUPRA PROTEST-continued.
liability of acceptor supra protest, 109

what such an acceptance admits, 109

to charge such acceptor, holder must present to drawee for pay-

ment, 109

course for holder to follow, 109, 110

presentment for payment to acceptor supra protest, 109, 110

when excused, 110

protest necessary on dishonour by such acceptor, 110

ACCOMMODATION BILL,

what it is, 48

`to whom an accommodation party is liable, 48

knowledge that bill is an accommodation bill immaterial, 48

not inferred from acceptor's name being written on blank stamped
paper, 48

ACCORD AND SATISFACTION,

payment of debt by cheque for smaller amount, 131

ACCOUNT,

bankers holders for value of cheque placed to customer's account,
50, 137

ACKNOWLEDGMENT.

ACTION,

See Limitations, Statute of.

includes counter-claim and set-off, 5

who may sue on bill or cheque, 97, 98

who may be sued, 97, 98, 120

damages recoverable, 97-100

against banker for dishonouring customer's cheques, 127, 128
on lost bill or note, 112, 113, 140

judgment against one maker of a joint note bars an action against
the other makers, 144

ADDRESS,

for sending notice of dishonour, too general, 85
misdescription of, 85

ADVICE,

bill as per, 12

AGENT,

who may be, 39

may bind his principal, though incompetent to bind himself, 39
signature "per proc." on bill, 43, 44

implied authority to draw, accept, or indorse bills, 43

whether general authority to transact business gives such power, 43
authority to receive payment no authority to indorse the principal's

name on a cheque, 43

where principal has recognised former acts of agent, 43

AGENT-continued.

authority to draw no authority to indorse, 43
liability of agent acting without authority, 43

signing for fictitious or non-existing principal, 45
mode of avoiding personal liability, 45

signing in a representative capacity, 41, 45, 56, 57
cannot delegate his authority, 39, 151

but the agent's clerks may exercise the authority, 43

unauthorised signature conveys no title, 42

ratification of unauthorised signature, 42, 44

partners. See Partner.

where doubtful whether signature is that of principal or agent, 45,

46

duty of, as to presentment for acceptance, 68

referee in case of need, 28

AGREEMENT,

instances of instruments being agreements and not notes, 10, 11,
139

contemporaneous, when valid, 28, 104

parol agreement cannot vary bill, 31, 104
to waive or renounce rights on bill, 103, 104

ALIEN ENEMY,

bill or note by, 39

ALLONGE,

meaning of, 58, 59

ALTERATION OF BILL OR NOTE,
when it vitiates instrument, 105, 106
against whom, 105, 106, 110

where alteration not apparent, 105, 106
meaning of "apparent," 106

immaterial alterations, 17, 24, 26, 106

before issue, 106

to correct a mistake or carry out intention, 105
stamp, 106

meaning of material alteration, 106, 141

material alterations, 105-107

of number of Bank of England note, 106, 141

alteration of figures in margin of instrument, 107, 119
cheque altered as to amount payable, 129, 130

customer negligent in filling in amount, 129, 130

banker paying cheque bearing marks of alteration, 130

nature of the negligence, 130

liability of transferor of altered instrument, 130, 141

the rule as to "non-apparent" alteration does not apply to a Bank
of England note, 141

ALTERNATIVE,

maker of note in the, 143

payee in the, 19, 20

bill cannot be addressed to drawecs in the, 18

AMBIGUOUS INSTRUMENT,

may be treated as bill or note, 15, 142

APPENDIX,

Stamp Act, 160-167

Statute of Limitations, 167, 168

Negotiable Instrument Act (India), 1881 .. 169 et seq.

BANK HOLIDAYS. See Business Days.

BANK NOTES,

transferor not liable on bank notes, 140

when transfer is deemed an absolute payment, 140

transfer for pre-existing debt, 140

what transferor warrants, 140

tender in country notes, 140

presentment of, 140

notice of dishonour, 140

lost notes, 141

half-notes, 141

duty of holder when bank has "stopped" payment, 140

means of knowledge of defect of title, 140

material alteration avoids, 141

alteration of number on Bank of England note, 106, 141

rule as to "non-apparent" alteration does not apply to Bank of
England notes, 141

nor the rule as to laches in giving notice of non-payment, 140

as to power of banker to issue notes, 141

BANK OF ENGLAND NOTES, 140, 141

BANKER,

who is, 5

relation between banker and customer, 6, 7, 120, 127, 128
duty of banker to holder, 120

action against, for dishonouring customer's cheques, 127, 128

paying demand bill or cheque on forged indorsement, 103, 129,
130

liability of, "marking" cheques, 120, 122

authority of banker determined, 132

duties of, as to crossed cheques, 135

privileges of Banks of England and Ireland saved, 153

BANKRUPT,

meaning of, 5

who may be, 7