MARRIED WOMAN.—(See " Feme Covert.")

MASTER, REFERENCE TO. (See "Reference to Master.")

MEMORANDUM,

effect of it on the back of a note or bill, or separate paper, 59. 61.
at foot of note making it payable at a place certain in an action against
maker on it, no averment of presentment there necessary, 463.
but usual in one count to make such averment, 463.

MERCHANTS.-(See "Bills of Exchange.")

inland bills formerly valid only between merchant and merchant, 16.
what notice of dishonor is sufficient to, and how it should be served,
276, 7.

judges may consult them in new cases, 122. 345.

MISDEMEANOR,

compounding of, not a legal consideration, 96.
bankers and agents embezzling bills is, 147, 8.

MISDESCRIPTION (See "Misnomer.")

of payee of a bill, where it will not vitiate, 83. 498.

in address of a letter, no excuse for delay in notice, 273.

MISNOMER. (See " Misdescription.")

if the name of a party to a bill is mis-spelt in declaration, when it is
fatal, 452, 3.

in a count for usury, 452.

what misnomers have been held as not fatal, 453.

[502.

in respect to indorser between declaration and evidence, immaterial,

MIS-SPELLING

of a name in drawing a bill may be rectified by parol evidence, 82.
a party's name to a bill in a declaration, how far fatal, 452.—(See
"Misnomer.")

MISTAKE

in directing a letter, no excuse for delay in notice, 273.

MIS-STATEMENT

in declaration, how taken advantage of, 477.-(See "Demurrer.")

MONEY COUNTS.-- (See " Declaration.")

the utility of, and when applicable in case of bills and notes, 468 to
471.

MONEY HAD AND RECEIVED,

when money recoverable back, 307. 389. 390, 1.

MONEY, PAYMENT OF INTO COURT,

admits validity of bill or note, and sufficiency of stamp, 487, 491,

497.

admits holder's title, 508.

MONTH,

means calendar in case of bills and notes, 343.

how calculated as to time of payment of bills and notes, 337. 343

MUTUAL CREDIT.-(See "Set-off," "Bankruptcy.")

general observations, and 5 Geo. 2. c. 30. s. 28, 607 to 609.
nature of debt to be set off, 609.

MUTUAL CREDIT-(continued).

in what right due, 612.

time when the mutual debts or credits arose, 614.

66

NAME. (See “ Misdescription,” “Misnomer," " Mis-spelling.")
of payee, mistake in, 81 to 85.

NAVY BILL,

consequence of their being misapplied by banker or agent, 146, 7.
NEGLECT. (See "Laches," "Release.")

NEGOTIABILITY,

not essential to validity of a bill or note, 85, 6. 140.

what words usual and essential to make bill or note negotiable, 85, 6.

140 to 144.

NEGOTIATION,

a bill or note cannot be altered after it was perfected, and complete
before such negotiation, 133.

an exchange of acceptances is, 135.

delivery of a bill to drawee by drawer to be accepted is not, 136.

of a bill or note may be restrained by a court of equity, but not by
law, 143.

NEW STYLE.-(See " Style.")

of old and new style where they prevail, 336, 7.

NOLLE PROSEQUI

must be entered to other counts after demurrer to the one on a bill and
judgment for plaintiff upon reference to master to compute, 475.
but this entry may be made any time before final judgment, 475.

NON-ACCEPTANCE. (See " Notice of Non-acceptance," "Protest.")
of non-acceptance, and what holder ought to do thereon, 256 to 309.
notice of should in all cases be immediate, 281. 283.
[301.
drawer and indorsers immediately liable to pay and to be sued, 298 to
and this though the instrument be somewhat like a note, 28. 298.
bankruptcy of drawer after drawing a bill, on non-acceptance the debt
may be proved under the commission, 298.

party arrested, and giving a draft in payment which is dishonored, may
be arrested again on the same writ, 298, 9.

if a person take a bill from drawer in payment of goods sold on non-
acceptance, he may recover on the common counts, 299.

and it is sufficient in such action for drawer to prove the presentment
for acceptance, 299. Sed quære.

without shewing that bill was protested, or that drawer had notice, 299.
drawer and indorsers may plead a tender any time before action com-
menced, 299.

[299.
but acceptor cannot if he does not pay immediately on presentment,
when notice of non-acceptance has been given, no presentment for pay-
ment need be made, 300.

parties to bill protested for non-acceptance, liable to pay principal,
interest, and damages, 300.

when a note is payable according to a course of exchange, what lia-
bility is incurred, 300.

and if a party to a bill is discharged by foreign laws where bill was
drawn, he cannot be proceeded against here, 301.

if holder omits to give notice of when made, the other parties dis-
charged, 301.

NON-PAYMENT.-(Sce" Notice of Non-payment, "Protest.")
conduct holder should pursue on non-payment, 393 to 394.

bill should, if foreign, be protested, and notice of dishonor given
whether foreign or inland, 393, 4.-(See "Notice of Non-payment.")
a protest must be made on non-payment of coal notes given under
3 Geo. 2. c. 26. s. 7, 399.

NOTARY PUBLIC,

his office and duty in general, 279.

his duty when protesting a bill for non-acceptance, 279, 80.
must draw up protest on bill itself if possible, otherwise on a
copy, 280.

demand of payment must be made by him before protest is com
pleted, 280.

and this demand must be made by the notary himself, and cannot
be by his clerk, 280. 398.

acceptance supra protest must be made in presence of, 312.
his conduct on protesting for non-payment, 395, 6, 7, 8.

cannot protest a bill for non-payment by a banker, if present-
ment is not made in the usual hours of business, 354. 517.
unless person is stationed there to answer, when presentment is
good, 517.

and no inference that bill was presented in due time is to be drawn
from presentment made by a notary in the evening, 354.

doubtful whether clerk of, can protest under 9 & 10 W. 3. c. 17,
398.

unsettled whether can note a bill for non-payment on day of re-
fusal, and draw up protest afterwards, 399.

if a bill be presented at a bankers by a notary after five o'clock,
when he cannot prove non-payment, 400.

on payment of a bill for honor of another, a declaration should
be made before a notary, for whose honor it was done, 409.
his duty on such occasion, 409.

protest under seal of notary made abroad, proves itself, 517.
but if made in England, notary who made it, and the subscribing
witness, if any, must be called, 517.

table of fees of office, Appendix, 653 to 655.

NOTES. (See "Promissory Notes," "Bankers Notes," "Cash Notes.")

NOTICE IN GENERAL,

notice of determining agent's authority, what to be given, 35.-(See
"Agent.")

express notice to creditor from several partners, disavowing authority
of one partner disables him from binding them, 45.

notice of dissolution of partnership, what to be given, 50.

not necessary to be given of indorsements, 181.

should be given of loss of bill or note, 195.-(See "Loss of Bill.")
should be given of partial or conditional acceptance, and how, 235.
238.-(See " Acceptance.")

should be given when holder protests bill, because drawee has abscond-
ed, 309. 312.

of taxing in K. B. unnecessary, if defendant wish to obtain a rule he
must do it at his own peril, 475.

of prothonotaries appointment to compute must be given in C. P. 475.
to produce bill on trial when in hands of defendant, when necessary,
485.

but this does not extend to trover for a note, or an indictment for
stealing one, 485.

NOTICE OF DISSOLUTION OF PARTNERSHIP.-(Sce " Partners.")
in the Gazette, how far in general sufficient, 35. 47. 50.
[50.
in case of, express notice must be given to a former customer, 35, 47,
in the Gazette, and sent round to customers, and bill drawn by one part-
ner after such notice, the others need not apply for injunction, 47.
alteration in bankers printed checks have been deemed good notice to
customers using them, 48.

not necessary where dormant partner withdraws his name, 48.

one partner refusing to sign a notice, the rest may file a bill, 51.

NOTICE TO PRODUCE BILL

should be given when acceptor detains it, and is sued on it, 181. 485.
but not necessary in trover or indictment for stealing bill, 485.

NOTICE TO PRODUCE A LETTER, &c.

containing notice of dishonor, must formerly have been given before
plaintiff could be allowed to go into evidence of its contents, 518.
but it has been lately determined that parol evidence of the contents of a
written notice may be given, without notice to produce same, 519.
and a copy of a letter, containing notice of dishonor, is admissible with-
out such notice, 519.

on such notice given, what is evidence that notice of dishonor was re-
ceived, in default of production, 519, 20.

in order to establish usury as a defence, in discounting another bill be-
sides one on which action brought, notice to produce same is neces-
sary, 525.

NOTICE TO PROVE CONSIDERATION

should be given when consideration to be disputed on trial, 89, 191, 511.
form of such notice.-Appendix, 651.

but plaintiff will not be called on to prove consideration, even after this
notice has been given, till his title has been first prejudiced, 511, 12.-
(See "Evidence.")

this notice not required, if defendant can make out a strong case of
fraud, 512. (See " Fraud.")

NOTICE OF NON-ACCEPTANCE. (See " Protest.")

When necessary, and consequence of not giving it, 256 to 278.

if bill be presented for acceptance, although unnecessarily, and re-
fused, notice of dishonor must be immediately given, 256.

the reason why the law requires notice to be given, 257.
should be given if drawee refuse acceptance or payment, 125. 256.
of a bill should be given by an agent, where one employed, 37.
not necessary, when defendant admits drawee's refusal to accept,
but requests holder to present again, who does, and is refused, 127.
what should be given, when drawee requires time, 214. 289.
when drawee gives any other than an absolute acceptance, 235. 256.
but none necessary, if holder is content with the special accept-
ance, 278.

but where acceptor gives only a partial acceptance, how far notice
is required, 278.

but such notice should express the nature of the acceptance, 238.
and if it does not, it will be a waiver of the acceptance, 238, 250.
neglect to give, by the king or his agents, does not prejudice, 257,
if bill is on a wrong stamp, notice is not necessary, 256.

What excuses omission of it, 258 to 278.

no damage sustained, is no excuse for omission of notice, 258.
want of effects of drawer in drawee's hands, is an excuse as against
drawer, 258.-(See " Effects.")

NOTICE OF NON-ACCEPTANCE-(continued).
What excuses omission of it-(continued).

the same where bill accepted for accommodation of drawer, 258.
how far want of consideration excuses the neglect to give no-
tice, 259.

no excuse for not giving notice to the indorser that acceptor had no
effects of drawer, 259, 260, 295.

no consideration given for a bill between indorser and another, and
no fraud, but the drawer and acceptor, fictitious persons, such
indorser must have notice, 260, 295.

but when payee has, and drawer has not, effects in drawee's hands,
and bill drawn for the accommodation of the payee, how far
drawer entitled to notice, 260, 1.

payee of note, lending name to give it credit, is entitled to notice,
though he knew maker was insolvent, 261.

but payee lending name, and taking effects of drawer's to answer
it, is not entitled, 263.

bill drawn for accommodation of remote indorsee, and prior names
lent him, indorser entitled to notice, 262.

indorser of note to guarantee debt due from maker, is entitled to
notice, 264.

a person, though no party to the bill, but who has guaranteed the
payment of it, entitled to notice, 264.

but if the party to such bill or note, becomes insolvent or abank.
rupt before they become due, the party guaranteeing is not en-
titled, 265.

apprehension on the part of the drawer, and certain acts done in
furtherance of such fear, that bill would be dishonored, no ex-
cuse for omission of notice, 266.

knowledge on the part of the drawer that bill would be dishonored,
if drawer had effects of drawee's in his hands, is no excuse for
want of notice, 266.

when want of effects in drawee's hands, excuses omission of no-
tice, 267, 8, 9.-(Sce" Effects.")

effects of drawer in drawee's hands, not always essential to entitle
drawer to notice, 269.

goods shipped by drawer to drawce, and bill drawn on drawee be
fore they arrived, if drawee dishonor, drawer is entitled to no-
tice, 269.

bonâ fide reasonable expectation that bill will be honored, entitles
drawer, 269, 270, 1.

if vendor of goods sold upon a credit, draw a bill on vendee, pay-
able before credit expires, he is not entitled to notice, 270.
death, bankruptcy, or known insolvency of drawee, no excuse for
omission of notice, 271, 2.

this rule will extend to the drawer or indorser of a bill, and indor.
ser of a note, 277.

the same rule extends if drawee is in prison, 272.

and such omission of notice will defeat plaintiff's claim, either at
Jaw or equity, 272.

drawee telling drawer that he could not honor bill, does not excuse
omission of notice, 273.

and money paid by a third person to take up a bill, after neglect
to give notice, may be recovered back on the count for money
had and received, 273.
[273. 285.

given by letter, which was mis-directed, how far it will operate,
what has been decided as dispensing with notice, 273, 4.
where one of several drawers is also acceptor, no notice is neces-
sary, 274.

what excuses neglect to give immediate notice, 274, 5, 6.