of illegality of consideration, in order to set aside judgment, 170. in lieu of parol evidence, 458. of absence of consideration, 430. under sumniary procedure, 414 -416. under the Bills of Exchange Act, 1855...412, note (m). AFTERDUE BILL, 23, 196–199. AGENT, title of, 193. who may be, 39. may make a valid contract for his principal, though incompetent distinction between a special and general agent, 39. actual and ostensible, 39. how appointed, so as to bind his principal on a negotiable instru- whether a general authority to transact business confers such how a special authority to accept or indorse is to be construed, 40. when to be required, 43. procuration, 41, 43. authority to draw admitted by acceptance, 41, 271. not so authority to indorse, 41, 271, 272. exceeding his authority, can in no case convey a title to bill over- when an agent will be personally liable on his signature, 42, 46, by drawing or accepting without authority, 42, 44, 83, 85. cannot delegate his authority, 44. cannot, when he exceeds his authority, convey a title by indorse- guilty of a misdemeanor if he fraudulently negotiate or deposit transfer by agent in case of restrictive indorsement, 186. trover against transferee of agent, 42, 479. whether in any case a holder is bound to acquiesce in acceptance how agent's authority determined, 44. what notice should be given of revocation of agent's authority, 44. liability of agent to his principal, 48. signing as principal cannot be discharged by parol evidence, 46. AGENT-continued. rights of principal against third persons, 48. notice of dishonour by, 235, 239, 274, note (d). AGREEMENT, various sorts of, 112. stamp on, 35, 110, note (b), 113, 127. contemporaneous but collateral, 113. on a distinct piece of paper, 113. oral, 114. when a bill or note may be evidence of an agreement, 110. agreement relating to bill or note, when and between what parties it may operate, 112-115. agreement delivered as an escrow, 115. to renew, 115. not necessary to aver it in writing, 116. to give time to principal discharges sureties, 325. not to sue, effect of, 327. to accept, 260, 273. ANNUITY, description of drafts and notes in the memorial, 91, note (p). APPENDIX, Statutes, 483. APPROPRIATION OF PAYMENTS, 303, 367. See Rateable. has a day to communicate notice of dishonour to his client, 235. when personally liable on a bill. See Agent. infant or married woman, when they may be, 39, note (c). the partner of an attorney has no implied authority to bind his note in payment of an attorney's bill, 169, 375. ATTORNEY, POWER OF, in respect of bills, how construed, 39. whether a holder is bound to take acceptance under, 44. ATTORNEY, WARRANT OF, taking warrant of attorney not a satisfaction, 314. when it discharges other parties, 329. when a collateral security, 314, 331. AU BESOIN. See Referee in case of Need. B. BAIL, affidavit to hold to bail on a bill or note, 448. BALANCE OF ACCOUNT, consideration for a note, 151. balance-fluctuating. See Fluctuating Balance. BANK HOLIDAYS, 213, note (1), 233, 236, 281. And see Appendix, 494. no presentment for acceptance on, 213. nor for payment, 281, 287. nor noting in lieu of protest, 219. nor notice of dishonour, 236. when bill or note falling due on, is payable, 21, 281 BANKERS. See Cheque. branches of banks, 26, 236. fraudulently negotiating or depositing bills, 48, 209. on their bankruptcy, bills deposited with them do not pass to their when they pass by reputed ownership, 477. discounting bills, &c., under suspicious circumstances, 192. what may justify refusal, 20, 459. bound to know the handwriting of a customer, 19, 256, 257, note (ƒ), 350. paying bill or note before due, 301. paying a forged, altered, or cancelled cheque, 298, note (i), 308, when money paid on a forged bill may be recovered back, 308, 351. and acquire no right against other parties, 391. presentment of notes at bank which has stopped payment, 293. duty of bankers to make a memorandum on bills paid by them, not responsible for genuineness of indorsement or draft on himself have a day to give notice to customer of dishonour of his bill, 235. cheques crossed with their name, 30. double crossed cheque, 31. joint stock banking company, 83. lien on deposits, 204. liability for same, 204. no new banks of issue, 83. money deposited with a banker is money lent, 434, note (i), 436, banks of not more than ten partners, 83. holding for customer, are holders for value, 22, note (s), 151, BANK NOTES. what, 10, 11, 286. when a legal tender, 10, 11. Bank of England notes not in Scotland or Ireland, vide Appendix, under 57. no longer issuable in England, 83, 98. when they will be payment though they turn out bad, 187, 192, when they ought to be presented for payment, 284—287, 359. effect of Statute of Limitations, 359, note (d), 372. BANK NOTES-continued. pass by a will bequeathing money, 10, 205. may be the subject of a donatio mortis causa, 206. deposit receipt, 25, note (7), 206. BANKING COMPANY. See Corporations and Companies. BANK POST BILLS, 111, 349, note (e). BANKRUPTCY, acts of bankruptcy, 451, 469. in respect of bills, 451. taking bill for judgment debt, 452. effect of, on bankruptcy notice, 452. petitioning creditor's debt, 452. when bill may be, 452. must have existed before act of bankruptcy, 453. date of bill prima facie evidence, 454. vesting of property in trustee, 454. doctrine of relation, 455. protected dealings, prior to 1883...455. void dealings, prior to 1883...456. protected and void dealings under Act of 1883...457. what amounts to notice thereof, 458. banker honouring cheque after notice, liable, 459. in what cases holder may prove, 460. Statutes of Limitation bar proof, 356, 460. production of bill to trustee before dividend, 460. proof on good portion of consideration, 460. bills not due, 461. bill payable on demand, 461. bill payable after notice, 461. irregular bill or note, 461. bill not provable against one not a party, 461. drawer and drawee the same, 462. proof by surety, 462. holder may, unless restrained, either sue or prove, 463. but cannot, for same demand, against same party, do both, for same demand, he may prove against one party and sue or against same party, he may sue for one debt and prove for mutual accommodation bills, 464. where there has been specific exchange, 464. what amounts to specific exchange, 464. party to mutual specific exchange must pay his own paper before he can prove, 464. mutual accommodation without specific exchange, 464. after holder has proved no further proof, 464. mutual accommodation without specific exchange, with mutual |