BANKRUPTCY-continued.

proof of debts-continued.

accommodation bills in hands of indorsee for value, 465.
interest, 465.

expenses, re-exchange, &c., 466.

where several adjudications, under which and for how much
holder may prove, 466.

against estate bankrupt in more than one country, 467.
against joint and separate estate, 467.

creditor holding bills as security, 468.

where bills afterwards paid, amount must be expunged from
proof, 468.

proving on bills brought up after acceptor's bankruptcy, 468.
set-off, mutual credit and mutual dealings in bankruptcy, 468.
when the mutual credit must have existed, 468.

credit must not have been given after notice of act of bank-
ruptcy, 469.

fraudulent set-off, 470.

set-off under general statutes of set-off less extensive than
under mutual credit clause, 470.

trustee cannot deprive creditor of set-off once existing, 470.
not only mutual debts but mutual credits and mutual dealings
now available for set-off in bankruptcy, 470.

mutual credit more comprehensive than mutual debts, 471.
mutual credit need not be of money, 471.

mutual credit may be where no debt due, 471.

mutual credit need not have been intended, 472.

in mutual dealings those only prior to the commencement of
bankruptcy to be considered, 471, note (g).

unless act of bankruptcy was secret, in which case creditor's
knowledge fixes the time, 471, note (g).

mutual credit must have existed before the bankruptcy,
471, note (n).

mutual dealings clause will not authorise set-off to a breach of
trust, 472.

mutual credit does not distinguish a lien, 473.

set-off, &c., in bankruptcy may be relied on either in an action
or in bankruptcy proceedings, 473.

and whether the action be for debt or damages, 473.
mutual credit in winding-up, 473 and 474, note (d).
what property is divisible among creditors, 454, 455, 474.
trust property excepted, 474.

securities in hands of aeceptor becoming bankrupt, 474.
how far holder entitled to benefit of such securities, 475.
rule in Ex parte Waring, 474, note (i).

holder's rights as to funds deposited with a third person, 475.
holder not entitled to guarantee given to acceptor, 476.
unless given for purpose of being exhibited, 476.

reputed ownership clause, 476.

share of dormant partner does not pass under, 476.

though proof by lender with share of profits was postponed to
that of other creditors by Bovill's Act, s. 5...477.

and now by Partnership Act, 1890, s. 3...477.

assigned debts, when within reputed ownership clause, 477.
when unconscientiously allowed to remain in disposition of
debtor, 477.

notice to debtor not necessary to complete assignment of
negotiable bills, 477.

BANKRUPTCY-continued.

reputed ownership clause-continued.

otherwise if not negotiable, 477.

negotiable bills and notes may pass to trustee as mere chattels
under this clause, 477.

if not negotiable nor due or growing due to bankrupt in his
business, quære, 476, note (t).

but not bills in hands of agents for specific purpose, 478.
nor bills in hands of factor or banker unless discounted or
treated as cash, 455, note (d), 478.

and mere entry of the bills in the cash column is not
treating them as cash, 479.

position of bankrupt prior to discharge, 479.

until trustee intervenes, party dealing bonâ fide and for value
with bankrupt in respect of his after-acquired property,
even with knowledge of bankruptcy, gets good title against
the trustee, 480.

subject to this rule the trustee is the person to indorse or
transfer, 204.

but acceptor or maker of negotiable bill or note cannot dispute
capacity of bankrupt payee to indorse, 480.

and payee of accommodation bill becoming bankrupt has no
beneficial interest therein which can pass to trustee, and he
can therefore make valid transfer for value, 204, 480.

effect of discharge, 480.

releases bankrupt from all debts provable, 480.

except liabilities to the Crown, 480.

or incurred by fraud or fraudulent breach of trust to which he
was a party, 481.

but does not release bankrupt's partner, co-trustee, surety, or
co-surety, 481.

as to bills accepted in blank before bankruptcy and filled up
after discharge, 481, note (q).

valuation of securities for purpose of voting, 481.

on bankruptcy of drawee, presentment for acceptance excused and
holder may treat bill as dishonoured, 214.

but holder may present, either to the bankrupt drawee or his
trustee, 214.

bankruptcy of drawee, acceptor, or maker does not excuse present-
ment for payment, 293.

nor dispense with notice of honour to drawer and indorsers,

251.

on bankruptcy of drawer or indorser, notice of dishonour may be
either to drawer or indorser himself or to his trustee, 241.

BASTARD,

note given to indemnify a parish from, illegal, 163.

BEARER,

bill or note payable to, transferable by delivery, 2, 97, 175.

how far considered goods and chattels, 4, 477.

may be taken in execution, 4, 208.

or under an extent, 5, 208.

might formerly operate as wills or testamentary instruments, 5.

may in some cases be a declaration of trust, 5.

on what to be written, 88.

in what language, 88.

may be written in pencil, 88.

signature, 38, 89.

superscription of place where written, 89.
date, 89.

superscription of sum payable, 97.

time of payment, 91.

request to pay, 92.

description of payee or indorsee, 92.

bills under 20s...98.

under 57...98.

under seal, 79, note (7).

when it can be the subject of a donatio mortis causâ, 205.

capacity of contracting parties to, 37-87.

when considered as sold, 188-192, 302.

no one liable on, unless his name appears, 38, 187, 461.

"value received," of the words, 98.

direction to drawee, 100.

the words "order" or "bearer," 96, 173.

direction to place to account, 102.

words " as per advice," &c., 102.

place where made payable by drawer, 101, 263, note (o), 288.

by the acceptor, 263, 288-292.

by co-partnerships or corporations, 79-87.

by persons in official situations, 86. And see Appendix, 491, 527.

given to them, 86.

must be for payment of a certain sum, 105.

and for money in specie, 106.

not out of a particular fund, 109.

must not be drawn on a contingency, 106.

irregular bill may be treated as agreement, 110, note (b).

stamp in such cases, 110, note (b), 121, 127.

complete and regular on its face, 103, note (b), 144.

to drawer's order unindorsed, 7, note (h), 97, note (b), 103, note (b)
operation of agreements respecting, 112-116.

formal parts of, 88-102.

ambiguous, conditional, or irregular, 103-111.

BILLS OF EXCHANGE-continued.

stamps on, 117–134.

when may be stamped after execution, 120, 124, note (g).
release by parol, 268, 269, 270, note (a), 312, note (b).
conveys no lien, 25.

is not an equitable assignment, 19, note (g), 21, 25, 256.
from what moment a bill becomes a binding contract, 339.

BILLS OF EXCHANGE ACT, 1855...27, 412, note (m).
repealed by Statute Law Revision Act, 1883...413.
saving as to inferior Courts, 413.

no other cause of action could be joined, 410.

but claim for interest might be, 412, note (m).
and costs of noting, vide sect. 5 of Act.

statement of claim could be founded on the consideration as well,
410.

leave to defend under, of right on payment into Court, 416.

BOVILL'S ACT, 49, note (b), 476.

now replaced by Partnership Act, 1890...49, note (b).

BRANCH BANKS,

how far considered distinct, 26, 236.

notice of dishonour through, 236, 239.

BURTHEN OF PROOF,

in case of alleged holder without value, 141, 146.

in case of holder with alleged notice of illegality or fraud, 141,

147.

as to time of indorsement, 89, 90, 177.

as to time of acceptance, 89, 261.

as to time of drawing, 89.

as to notice of dishonour, 236, 244.

as to alteration of bill, 343.

as to law of foreign country, 389.
in cases of undue influence, 71.

as to cancellation by mistake, 268.

CHEQUES,

what, 16.

difference between cheques and bills of exchange, 33, 257, note (ƒ).
within Bills of Exchange Act, 1855...27, 412.

formerly not liable to stamp duties, 17-19.

except when circulated more than fifteen miles from place of
payment, 17, note (b).

now all liable to penny stamp, 18, 119, 121, 123.

consequences of drawing cheque on unstamped paper, 18, 120, 123,

379.

what will justify him in not paying, 20, 459.

_(?) a

Ja telegram 20.

should be presented or forwarded the day after it is issued, 20-23,

284.

general rule as to presentment of, 20-22, 284.

between holder and drawer, 20, 21, note (p).

as between holder and a transferor, not the drawer, 20, 23, 284.
between holder and his own banker, 22.

where parties do not live in same place, 22.

loss on overheld, where bank fails, 21, note (p).

what amounted to an engagement by drawee to pay cheque, 23.

transfer of, 27, 173, 175.

crossed cheques, 28-32.

what a cheque is evidence of, 24, 435.

when cheque evidence of payment, 24, 306.

when it amounts to payment, 24, 302, 306, 376.

crossed cheque, when payment of protected, 31, 376, note (#).

when it may be taken in payment, 24, 376.

holder of, whether assignee of a chose in action, 19, 25, 175.

drawer's death, effect of, 20, 206.

fraud in filling up cheques, 25, 346, 350.

when several must join in drawing, 26.

period at which banks should debit customers with, 26.
not required to be protested, 26.