MARRIAGE,

contract in restraint of, void, 162.
contract of marriage, brocage void, 162.
transfer of bill on, 73, 74, 75, 78, 204.

MARRIED WOMAN,

her contracts void at common law, 73.
except after a divorce à vinculo, 73.
sole trader by custom of London, 73.
estoppel on, 74.

not liable for fraud being parcel of a contract, 74.

if she had a separate estate and made a bill or note, liable in
equity, 74.

after her husband's death, a promise to pay valid at law, 74.
where her husband is transported, 74.

or alien abroad, 74.

or presumed to be dead, 74.

where a bill was given to a single woman and she married, 75, 204.
bill or note given after marriage, 75.

reduction into possession of her chose in action, 76.

where a single woman, liable on a bill, marries, 77.
indorsement by a married woman, 75, 204.

note by husband to his wife, 77.

payment to, 77, 79.

acknowledgment by, to save the statute, 368.

husband, when liable for wife's debt, 77, 78.

Property Act, 1882...78.

joinder of claims by and against husband and wife, 76.

MEMORANDUM. See also Deed.

effect of, on bill or note, 112, 113, 116, 371.

duty of bankers to make, on bills, &c., when paid, 201, 307.
of registered company, 85.

MERGER,

in an instrument of a higher nature, 314.

MESSAGE,

sending, no proof of delivery, 155, note (g).
expenses of, 231.

MISCARRIAGE,

of the post-office, 229, 390, 396.

MISDEMEANOR,

compounding, when an illegal consideration, 162.
embezzlement of bills, &c., 48, 209.

MISJOINDER,

of parties, 406.

MISSPELLING,

will not avoid indorsement, 177.

MISTAKE,

alteration of bill to correct, when allowed, 339–341.

amendment of, on trial, 421.

payment under, 308, 334, 351.

MONEY,

property accompanies possession, 192-194.

MONEY COUNTS,

where formerly applicable, 435.

MONEY HAD AND RECEIVED,
bill or note evidence of, 24, 434.

MONEY LENT,

bill or note evidence of, 24, 434.

money deposited with a banker is, 436, 476.

MONTH,

how calculated, 92, 282.

MORAL OBLIGATION,

in some cases a good consideration for a bill or note, 152.

NEGLIGENCE,

of transferee formerly affected his title, 192, 391, note (d).
now does not, 193.

unless it amount to fraud, 193.

estoppel by, 259, 350, note (s).

NEGOTIABILITY,

words constituting, 96, 173, 175, 340.

not now necessary, 96, 173.

words limiting, 30, 96, 173.

by custom, 79, note ().

NEGOTIATION,

what amounts to, 2, 175.

NEW AND OLD STYLE, 282.

NEW SECURITY, 115, 170, 316, 378. And see Renewal.

NON-ACCEPTANCE,

notice of, 225, note (a). See Notice of Dishonour.

NON-APPARENT ALTERATION,
effect of, 145, 312.

NON-COMPOTES, 72.

NON-PAYMENT,

notice of, 225, note (a), 295. See Notice of Dishonour.

"NOT NEGOTIABLE" BILLS AND NOTES, 96, 173.

"NOT NEGOTIABLE" CHEQUES, 30, 173.

NOTARY PUBLIC,

how appointed, 218.

his office, 218.

what he might charge, 221.

in case one cannot be found, 218. And see Code, s. 94, and
Sched. 1.

notarial acts abroad, 219.

NOTE, PROMISSORY. See Promissory Note.

NOTICE,

how pleaded generally, 418, note (n), 421.
proof in bankruptcy of note payable after, 461.
of dissolution of partnership, 59-62.

NOTICE OF ACCEPTANCE,

instead of delivery, 175, note (i), 266.

NOTICE OF DISHONOUR,

mode of giving it, 225, 229.

what form of, requisite, 225, 228.

cases when held insufficient, 227, note (h).

the like where sufficient, 227, note (h). '

statement of party on whose behalf it is given, 229.

notice of protest need not accompany it, 221, 229.

verbal message, 226.

notice by post, 229.

how it should be directed, 230, 232.

where it should be posted, 230.

evidence of posting, 230.

consequence of miscarriage, 230.

special messenger, 231.

when expense of special messenger may be charged, 231, 445, 466.
by what conveyance notice of dishonour should be sent abroad,

231.

at what place to be given, 232.

when to be given, 233.

NOTICE OF DISHONOUR-continued.

next business day, 213, note (1), 233, 236.
where the parties live in different places, 233.

in the same place, 234.

where a party, receiving notice, must transmit it, 235.
whether it may be given on the day of dishonour, 235.
notice through branch banks, 236.

in case bill is deposited with banker or agent, 235.
where Sundays or holidays intervene, 236.

bank holidays, 213, note (1), 236.

on whom proof lies, 236.

what is evidence, 230, 252, 253.

by whom notice may be given, 237.

cannot be given by a stranger to the bill, 237.

in whose favour it enures, 238.

where the notice circulates back through several parties, 239.

notice of dishonour of a bill, payable at a particular place, need

not be given to acceptor, 241.

by an agent, 235, 239.

to whom, 239.

to an agent or attorney, 241.

to parties jointly liable, 242.

to a party not indorsing, 242, 294.

to a guarantor, 188, 243, 294.

to an indorser giving a bond, 243.

consequences of neglect to give notice, 244.
what excuses notice or delay, 244.

waiver, 244, 251.

countermand of payment, 245.

where drawer had no effects in drawee's hands, 245.

or reasonable expectation that the bill would be paid, 248,

note (ƒ), 251.

ignorance of residence, 249.

in case of death of holder or his agent, 250.

of illness or accident, 250.

of bills drawn by several, on one of themselves, 251.

impossibility of giving, 245, 250.

bill or note not negotiable, 251.

death, bankruptcy or insolvency of drawee, 251.

where bill is on an insufficient stamp, 251.

notice to produce, not necessary, 254.

consequence of neglect waived by promise, payment or acknow-
ledgment, 251.

laches not imputable to the Crown, 253.

pleading where notice is excused or waived, 253, 418.

of a lost bill, 392.

NOTICE OF ILLEGALITY OF CONSIDERATION OR FRAUD,

146, and note (p), 170.

burthen of proof, 141, 145, 146, 148.

NOTICE OF NON-ACCEPTANCE, 225, note (a). See Notice of
Dishonour.

NOTICE OF NON-PAYMENT, 225, 295. See Notice of Dishonour.

NOTICE OF PROTEST,

when it must be given, 221, 229.

OPTIONAL STIPULATIONS DY DRAWER OR INDORSER, 102,
114, 181, 182, 289, note (c).

"OR ORDER,"

of the words, 1, 96, 174, note (a), 175.

subsequent insertion of these words, 174, note (a), 175, 340.

OUTSTANDING BILL OR NOTE, 315.

OVERDUE BILL OR NOTE,

transfer of, 196, 199.

burthen of proof, 196, 197.

when a bill on demand is overdue, 14, 23, 198, 284.

when a cheque is, 23, 198.

when a note is, 14.

equitable relief, 199.

And see Equities on Instruments.