CONTRACT-(continued).

the first cannot be impeached, and why, 12.

the second bind party making them, though no sufficient consi-
deration, and why, 12.

therefore no consideration need be proved in an action on, 12.
but defendant may avail himself of its illegality, 13.

but he must state it in pleading, 13.

the third do not bind, unless consideration be proved, 13.
by law of England, only two kinds of contract, 13, note 3.

is made between two parties generally, 18.

parties to a contract, and their capacity, as respects bills of ex-

change, 18 to 52.

with alien enemy in general void, 18, 96.

when not, 18.

by infants, voidable, 21.

by married woman, absolutley void, 21.

an express promise after he came of age will render contract made by
infant, valid, 23.

a feme covert may enter into when husband legally dead, 24.

written on separate paper to renew a bill, will qualify, though not vi-
tiate the liability on the bill, 61.

when a bill is given as the consideration for the performance of a con-
tract, the non-performance of it will not vitiate the bill, 92.

but if such contract is afterwards rescinded in toto, or in part, the
rule is otherwise, 93.

all good, if not repugnant to certain laws, 95.

what those laws are, 95.

invalid if made in restraint of trade, 6.-(See "Trade.")

contrary to custom or excise laws, 96.

[95.

contrary to public justice. as compounding a crime,
in consideration of a recommendation to a public of-
fice, 96.)

repugnant to general policy, as wagers, 106.-(See
"Wager," &c.)

in restraint of marriage, 96.-(See " Marriage.")
for procuration of marriage, 96.

in consideration of future illicit cohabitation, 97.

if prejudicial to the feelings or interests of a third
person without his assent, 97.

contrary to the benevolent intent of others, 97.

in secret for benefit of one creditor before composition
deed signed, 97.

otherwise if made freely after signing, 98.

for a usurious consideration, 98.-(See " Usury.")

for a gaming consideration, how far void, 100.-(See
"Gaming.")

stock-jobbing consideration, how far void, 102, 2.-—(See
"Stock-jobbing.")

on a gaming policy, void, 102.-(See " Policy on Ships," &c).
declared void by statute, 102 to 115.

any goods captured by enemy, 102.

[103.

of spirituous liquors sold in quantities of less than 20s. value,

CONTRACT-(continued).

of apprentice fee, if indenture void, when bad, and when not, 103.
void if the consideration in part or in whole is against a statute, 103, 4.
if founded on an illegal consideration, a judgment confessed aids the
illegality of, 100.

a legal consideration at first, no subsequent illegality will

avoid the same, 105.

[106.

in what cases usury has been determined as not vacating a contract,
to be performed in a foreign country, the remedy here will be the
same as in such country, 121.-(See "Arrest.")

the words and language of a contract must bear the sense attempted to
be put upon them, 122.

not under seal cannot be extinguished by another, 123, but see 246.
but a person taking a bill of exchange in discharge of such contract,
cannot waive the bill, and resort to the original contract, 123.

COPY,

how and when to obtain a copy of a bill or note, 472.

of letter containing notice of dishonor, when admissible in evi-
dence, without notice to produce original, 518, 19, 20.-(See
99 66
Letter," "Evidence," "Notice to Produce," &c.)

66

CORPORATION. (See " Company Incorporate.")

when and how may be party to a bill, 20.

may be party to a bill under certain restraints, 20.
cannot be sued in assumpsit in general, 20.

if exceeding six, how far may be party to what bill, 20.

COSTS.-(See " Staying Proceedings.")

when recoverable, if bankrupt, and his assignees refuse to indorse, 150.
when defendant will be compelled to pay costs of applying to equity
in case of lost bill, 196.

if holder reject an offer to pay debt and costs, court will restrain
execution, 443.

but if money is paid on such offer, pending other actions, he may pro-
Iceed for the costs, 444.

on payment of a debt, when proceedings will be stayed, 472.-(See
"Staying Proceedings.)

on payment of debt and costs, defendant may obtain a rule to stay
proceedings, 472.

or it may be done by summons from a judge, 472.

of what actions to be paid, 472.

if a witness is liable to, he is not competent, 530.—(Sce ་་ Witness.")

COUNTER BILLS, 565 to 568.-(Sce" Cross Bills.")

COURT OF LAW.-(See " Judge," "Staying Proceedings.")

[122.

will consult merchants and traders, when a new case arises on a bill,
how far it regards the revenue laws of a foreign independant state, 75.
cannot restrain the negotiation of a bill or note, 143.

when it will order venue to be changed, 450, 1.—(See “Venuc,” “ Prac-
tice.")

will not give leave to inspect a bill to discover if same is unstamped or
altered, 472.

will order a copy of it to be produced on summons, with affidavit, 472
when court will stay proceedings in an action, 472, 3.-(See "Staying
Proceedings.")

will grant a rule to refer bill, &c. to master, 473, 4.

when it will grant a new trial, 537.

COURT OF EQUITY

kas power to decree according to justice, 9.

will relieve when a bill is obtained by fraud, 95.

how far regard the revenue laws of a foreign independant state, 75.
negotiation of a bill or note may be restrained by, 143.

for instances and examples, 143, note 2.

when it restrains the negotiation of a bill or note, will compel the
complainant to equitable terms, 143.

will decree instruments to be delivered up to be cancelled, though a
legal objection exists against them, 143.

will compel a bankrupt and his assignees to indorse a bill delivered to
a person before such act of bankruptcy, 150-(See “ Bankrupt.”)
and in such case will order costs to be paid out of bankrupt's estate,
150.

will relieve on non-payment of a bill stated to be lost, 196.

if indemnity was offered, will order costs to be paid by the opposer, 196.
will not interfere where a court of law will relieve, 201, 2.

will not relieve if notice of dishonor of bill when necessary is
omitted, 272.

will compel an acceptor supra protest, to resort to drawer's estate,
where drawer and drawee are both liable, and drawee bankrupt, 314.

COVERTURE,

specially usually pleaded, 480.

CREDIT. (See "Time," Indulgence," "Release.")

consequence of giving time or credit to the acceptor, 371 to 584.
expunging proof in bankruptcy on account of it, 601.

CRIME,

compounding of, no consideration, 96.

CROSS-BILL. (See " Bankruptcy,” “Set-off."

of proving a cross-bill given in lieu of an accommodation bill, 565 to

CUSTOM OF MERCHANTS.

special custom formerly supposed necessary to support inland bills, 16.
of trade in respect to credit given by an agent discharges his liability,

37, 38.

of merchants only admissable in evidence when law is silent, 49.
will guide the court where a new case on bills arises, 122, 142.
of London in respect to payment of bills by drafts, &c. 367, 8, 9.
of Bristol in regard to acceptances, 206.
[451.
formerly usual to set it out in declaration on a bill, but now improper,
though usual now to refer to, this is in no case necessary, 451.

CUSTOMS, LAWS OF,

contract made in violation of, void, 96.

DAMAGES. (See "Interest," "Re-exchange," " Provision,” “Expenecs.")
Principal money to be recovered in an action on a bill, 535 to 537.
plaintiff may recover the whole sum, though he did not give full value
for the bill, 535.

in which case overplus held in trust for party entitled to it, 535.
if holder receive part payment from first indorser, he may recover the
whole against drawer and acceptor, 535.

but if acceptor pay part, then only residue can be recovered against
drawer, 536.

but these rules only extend when there is another person intitled to re-
ecive overplus, 536.

DAMAGES-(continued).

but in case of bankruptcy, holder may prove debt against one or more
parties, and receive a dividend, but he cannot prove for more than
sum actually due against party from whom he received bill, 536.
when bill or note payable by instalments, 536, 7.

holder of a bill omitting to give notice of dishonor cannot shew that
no actual damage has been sustained, 272.

in answer to proof by holder that defendant had no effects ia hands
of drawec, defendant may prove actual damage, 274.

drawer and indorser not liable for, if protest made on an iuland bill,
and it, or notice of it, is not sent within 14 days after, 292.

on judgment by default in an action on a bill or note, damages re-
ferred to master for computation, 450. 473.

when action in C. P. they are referred to the prothonotary, 478.
to the Master in the Exchequer, 474. Biggs v. Stewart, 4 Price Rep.

1.34.

what interest recoverable, 517.537 to 541.

what expences recoverable, 541 to 544.

of special messenger, 288, n. 1.
re-exchange, 541.

provision, 544.

no damages or interest recoverable in an inland bill unless protested,
517. See “ Eroidence," " Protest.")

46

in an action by accommodation acceptor or drawer, when special
damage must be proved, 523, 4.

when imprisonment in execution is not special damage, 524-(Sce
Accommodation Bille.")

DATE

64

of a bill or note ought to be clearly stated, and advisable to be written
in words at length, 76.

no banker or other person may issue bills with a printed date, 77.

a bill may be dated on a Sunday, 77.

not absolutely necessary to the validity of a bill, 77.

of bill or note presumed to be the day it was issued, 77.

a bill may be post dated, but not more than two months or sixty
days, 77.

a check must not be post dated, 71, n. 4. 77. Appendix, 686.

when bills payable after date are to be presented for paymeut, 343.--
(See Computation of Time," "Grace, Days of.")

[teration."

of the effect of alteration in a bill or note,130 to 136. 251.—(Sec “Al-
when a mis-statement of it in a declaration fatal, 454.

it should be stated in the declaration, 454.

if no date, the day it was made, if that cannot be known, then any
day as near to its first existence as can be proved, 454.

a declaration on a bill payable at a double usance after date, stating
a date, but not the real date, it is sufficient, 454, 5.

how to declare on a bill or note that has been dated contrary to inten-
tion of the parties, 454, 5.

whether a declaration on a bill or note payable at a time certain after
date, must not state precise day, 455.

the doctrine questionable, 455.

[dence, 483,
if there be any mistake in date of bill, it must be explained in evi-
in action on a bill payable at sight, if acceptor's hand-writing is
proved, and the date is over it, that is enough, 490, 1.

maker of a note competent against indorser to prove alteration of date,
528.-(Sce" Witness.")

interest recoverable from time bill became due, or bill payable after
date, 537. (See " Interest.")

date of protest, 289. 291.

DAYS OF GRACE,

why so termed, 338.

allowed on all bills but those payable on demand, 326, 8. 345.
but it appears doubtful whether they are to bills payable at sight,
344, 5.

may be claimed as a right, 338.

vary according to custom of different countries, 338.

the different numbers in different countries, 339.

on Bank post bills payable after sight, none claimed, 340.

an extraordinary number allowed on bills payable to the Excise, 340.
how days of grace computed, 340, 342.

at Hamburgh and in France day of grace on which bill due is one of
days of grace, 340.

not so elsewhere, 340, 342.

in what places Sundays and holidays are included in these days, 340.
when last day is Sunday, Christmas-day, or Good Friday, present-
ment must be on the preceding, 341.

notice of dishonor may be given on the last day of, 365. 401.
maker of a promissory note entitled to, if payable to bearer or order,
420.

DEATH.-(See "Extinguishment.")

of a party, when it revokes powers given by him, 48.

what circumstances in case of a partnership have been decided as al-
tering the rule, 49.

of holder of a bill vests the same in executor or administrator, 159.
of an indorser of a bill before it bore date does not discharge the
drawer, 161.

[&c. 221,

of drawer of a bill does not revoke his request for drawee to accept,
of drawee of a bill no excuse for omission of notice of dishonor, 271, 2.
of holder when an excuse for delay, 274.

of a party to a bill, notice of dishonor should be given to his exe-
cutor or administrator, 295.

of acceptor no excuse for omission of presentment for payment, 316, 17.
of drawer where presentiment for payment should be made, 335.
of holder when payment must not be to his personal representative,

358.

of drawer of a check, a revocation of bankers authority to pay, 391.
note payable on the death of a person good, 431.

death of one of four acceptors no variance to state that it was accepted
by three, 454.

on death of plaintiff after interlocutory judgment, court granted a
rule to compute, 474.

on death of subscribing witness, what proof of maker's hand-writing
sufficient, 486.-(See " Witness,” “Evidence," "Hand-writing.")

DEBT,

66

[125.

of the effect of taking a bill in payment of, 122 to 130.
a promise to give time for payment of a pre-existing, is not binding,
a person taking a bill or note in payment of, cannot afterwards sue on
original contract till bill, &c. is due, 123.-(See “Bills of Ex-
change.")

and if he does on proof of bill having been given, plaintiff must prove
its dishonor, or be nonsuited, 126.

before bill due extent in aid on behalf of the crown cannot be issued,

123.

otherwise if the terms of the agreement for which the creditor re-
ceives such bill, &c. are not strictly complied with, 124.

and if such second bill is void, the holder may sue on original liabi
lity, 124.