PAYMENT-continued.

cheque as evidence of payment, 131

"stopping" payment, 132

when drawer or true owner of cheque can recover such amount,
129

when crossed cheque paid contrary to crossing, drawer may decline
to be debited with it, 133

when money paid for bank notes can be recovered back, 140,

141

payment of debt by cheque for smaller amount, 131

PAYMENT SUPRA PROTEST,

meaning of, 110, 111

requisites of, 111, 112

who may so pay, 110

where two or more offer to pay, 111, 112

for whose honour, 110

what parties are discharged by, 111

rights of payer for honour supra protest, 111, 112
duties of payer for honour supra protest, 111

holder of bill refusing to receive, 111

bill ceases to be negotiable on such payment, 101

PERSON,

what it includes, 6

PLACE,

not necessary to state place where bill made or payable, 9, 16
bill drawn payable elsewhere than at the place of business or
residence of the drawer, 67, 68

acceptance to pay at a particular place, 31, 32

of payment in note, 147, 148

of payment in memorandum, 75, 147, 148

POST-OFFICE,

presentment through, 69, 71, 74, 76
notice of dishonour through, 81, 85
miscarriage of, 81, 85

PRE-EXISTING DEBT,

a good consideration, 46, 47

bank note of no value, paid on account of, 140

PRESENTMENT FOR ACCEPTANCE,

necessary, where bill payable after sight, 67

where bill stipulates for, 67, 68

where bill drawn payable elsewhere than at residence or place
of business of drawee, 67, 68

when no time for, before bill is due, 67, 68

in other cases, optional, 67, 68

PRESENTMENT FOR ACCEPTANCE-continued.

when bill payable after sight must be presented, 67, 68

or negotiated, 68

consequence of not presenting, 68
duty of agent as to, 68

by whom it must be made, 69, 70

to whom it must be made, 42, 69, 70

at what time it must be made, 69, 70

two or more drawees, 69, 70

where drawee is dead, or bankrupt, or cannot be found, 69, 70
presentment through the post-office, 69, 71

when excused, 69, 70, 71

what time drawee has to deliberate, 71

dishonour by non-acceptance, 71, 72

immediate right of recourse accrues to holder, 71, 72

refusal to take qualified acceptance, 72

duties as to qualified acceptance, 72, 73

PRESENTMENT FOR PAYMENT,

requisites and meaning of, 91, 92

when to be made, where instrument is not payable on demand,
73, 74

where payable on demand, 73, 85, 146, 147

by whom, 73, 123

at a reasonable hour, 73, 75, 122

to whom, 73, 75, 122

at what place, 73, 74, 75, 76

where bill is made payable at a particular place, 31, 32, 73, 75
where note is made payable at a particular place, 147, 148

of bill or note, when place of payment is indicated by way of
memorandum, 75, 76, 147, 148

of cheque, 121-126. See Cheque.

of bank note, 140

of bill, where two or more persons are drawees or acceptors, 74
where drawee or acceptor is dead, 74, 76

bankruptcy of drawee or acceptor, 77

of banker upon whom a cheque is drawn, 123

through the post-office, 77, 123

excuses for delay in, or non-presentment, 76-78

same in a cheque, 123

dishonour by non-payment, 78

immediate right of recourse accrues to holder, 78

of bill or note due on Sunday, &c., or bank holidays, 26, 27
of bill accepted generally, not necessary to charge acceptor, 91, 92
necessary in case of qualified local acceptance, 91, 92

omission to present on the day such bill matures, 91, 92

of note, when necessary to charge maker, 147, 148

bill or note must be exhibited on, 91, 92

PRESENTMENT FOR PAYMENT—continued.
when paid, must be delivered up, 91, 92

presentment to acceptor for honour, 109. See Acceptance for
Honour.

after bill accepted for honour, presentment to drawee necessary,
109

any words amounting to a promise to pay sufficient, 138

note payable by instalments, 12, 141

whole sum payable on default of one instalment, 12

time of payment may be uncertain, if the event must inevitably
happen, 24, 139

note payable to maker's order, 138, 142

note not transferable at common law, 142

containing pledge of collateral security, 138, 142

referring to an agreement, 142

foreign note, 138, 143

inchoate until delivery, 143

joint and several note, 143, 144, 145

contribution between joint makers, 145

principal and surety, 144, 145. See Surety.

presentment for payment. See Presentment for Payment.

when note payable on demand and indorsed, must be presented,

to charge indorser, 146

overdue note. See Overdue Bill or Note.

liability of maker, 148, 149

provisions applicable to bills apply to notes, 149

except certain provisions, 149

maker and indorser of note correspond to acceptor and drawer of
bill, 149

protest on foreign note unnecessary, 149

PROOF,

consideration presumed, 55

where bill is affected with fraud, &c., 55, 56
delivery presumed, 35

PROOF-continued.

as to order of indorsements, 58

as to time of negotiation, 62, 64
as to bill being inland, 17

in case of cancellation or alteration, 104, 105

PROSTITUTE. See Consideration.

PROTEST,

necessary on dishonour of foreign bills, 88, 89

but not on foreign notes, 90, 149

unnecessary on inland bills or notes, 88

necessary before presenting it to referee in case of need, 109
consequences of not protesting, 88, 90

time when, 88, 90, 151, 152

extended protest, 88, 90, 151, 152
for better security, 88, 90

at what place, 88, 89, 90, 91

bill sent through post-office, 88, 91

what protest must contain, 89, 91

where bill lost or destroyed, 89, 91

when excused, 89, 91

necessary before acceptance for honour supra protest, 107, 109

acceptance supra protest. See Acceptance supra protest.]

payment supra protest. See Payment supra protest.

notary, 90

where notary cannot be obtained, 90, 152

form to be used, 1st Shedule, 157

protest necessary on dishonour of bill accepted supra protest, 109
foreign bill accepted as to part must be protested as to balance, 72,
73

PUBLIC POLICY,

contracts against, 53, 54

QUALIFIED ACCEPTANCE, 31-32, 72, 73

RAILWAY COMPANY,

cannot in general accept, &c., bills, 40

RATIFICATION,

of infant's contract, 37, 38

of agent's signature, 42, 44

of partners' acts, 44

forgery cannot be ratified, 42, 44

RE-EXCHANGE,

what it is, 99, 100

when recoverable, 98, 99, 100

RE-ISSUE OF BILLS,

when party already labie thereon, may re-issue bill, 65

when drawer or indorser may re-issue bill after payment, 101, 102

RELEASE

of acceptor at maturity, 103, 104

of other parties at or before maturity, 104

must be in writing, 103, 104

REPEAL OF STATUTES, 152, 157-159

REQUEST TO PAY,

what sufficient, 13

RESTRICTIVE INDORSEMENT. See Indorsement.

SALE OF BILL OR NOTE, 98, 99

SATISFACTION. See Accord.

SAVINGS, 152, 153

SCOTLAND,

bill assignment of funds in, 93, 94

summary diligence, 155

parol evidence in certain cases, 155, 156

meaning of sist of diligence, consignation, and caution, 156

sesennial prescription, 156

SET, BILL IN A,

when they constitute one bill, 113, 114

liability of indorser where more than one part is indorsed, 113, 114

to transfer all the parts, 114

true owner, 113, 114

liability of drawee accepting more than one part, 114

paying part not bearing his acceptance, 114, 115

discharge of, 114, 115

stamp, 114, 165

SIGHT,

at sight, 23

no days of grace, 26, 27

after sight, 24, 25

SIGNATURE,

may be by a mark, 12, 59

by initials, 119

place of, immaterial, 58
of drawer necessary, 9, 13