EXECUTION,

against negotiable instruments, 225, 226
EXECUTOR,

appointment of maker of promissory note, or acceptor of bill to

be, a release, 126,140

See Legal Representative.
FAILURE OF CONSIDERATION. See Consideration.
FICTITIOUS NAME OR PARTY,

promissory note payable to, 17

acceptor bound though bill drawn in, 83
FIGURES. See Words.
FOREIGN CURRENCY,

stamp on instrument expressed in, 210
FOREIGN INSTRUMENT,

defined, 37
compensation payable on dishonored, 175
law governing parties to, 191
rate of interest payable on, 191–194
stamp on,

208-210
See International Law-Notice of Dishonor-Protest.
FOREIGN Law,

presumption that, is same as Indian, 195
FORGERY,

effect of, in general, 127,180
of indorsement on cheque, 127,128,138

See Alteration-Estoppel-Hundi-Payment.
Form,

of promissory note, 16

plaints, 228-237
written statement, 229
concise statements, 237
summons in summary suit, 238
protest for non-acceptance or non-payment, 239

better security, 240
bill noted for non-payment, 240

act of honor, 241
FRAUD,

effect of, on holders rights, 34,48
signature obtained by 48
instrument obtained by, 98
no defence against holder in due course, 176-179
in origin of instrument shifts burden of proof, 176-179
See Alteration.

GENERAL CLAUSES Act (I of 1868).

references, to in text, 8,51,60
GOMASTAH.

signing instrument without description, may by custom not be

personally liable, 5

See Agent.
Good Faith,

payment in, 34
what is, 36
definition of, 102
banker collecting crossed cheque in, 187

See Negligence- Notice.
Good Friday,

is a public holiday, 52
GRACE, Days of

cheque not entitled to, 23,24
when allowed, 49
nature and origin of, 49,50
demand instrument, not entitled to, 49
effect when falling on public holiday, 51

of presentment before expiry of, 109
allowed on notes payable by instalments, 111

See Holidays.
GREGORIAN CALENDAR,

time to be calculated according to, for purposes of, limitation Act.51
HOLDER.

defined, 29
of lost instrument, 29
after maturity, his rights, 29,98-102
Byles' definition of, 30
when may recover on bill, 30
de facto,' his rights, 31
of ambiguous instrument, his rights, 43
of inchoate instrument, when may complete, 47
deriving title from holder in due course, 96
after dishonor, his rights, 98-102

presumptions as to, 176
HOLDER IN DUE COURSE,

defined, 31
may be a person who has taken bill carelessly, foolishly or

negligently, 33
rights against drawer or maker, 67

acceptor, 70
indorser, 73

HOLDER IN DUE COURSE-continued.

liability to subsequent parties on bill obtained from him by

fraud, 98

of accommodation bill, 99
HOLIDAYS,

public, what are, 52
instrument payable on, 51

excluded, in determining what is reasonable time, 166
HONOR, ACT OF. See Act of Honor.
HUNDI,

saving of usages relating to, 1,15
in wbat it differs from bill, 2
acceptance of, how made, 2
mode of demanding payment of, ?
Shah or holder of, 2
should not be paid unless indorsed by Shah, 2,36,94
payment of lost, forged or stolen, liability of Shah, 3,36
Shah receiving payment of suck, liable to refund to drawee, 4
when and how, custom attaches to, 5
custom cannot over-ride terms of, 6
when no proof of local usage, English law applies to, 7
not admissible in evidence unless properly stamped, 7
included in a bill of exchange, 7,146,208,220
rights of holder of over-due, 101
notice of dishonor, 146–148
execution of, by corporation, 198
how to be stamped, 209
stamp on, 214-216
rules of Governor-General as to stamping, 218,219
limitation, as to, 220-222
who may be joined as parties to suit on, 223
summary suit on, 226-228
forms of plaints on, 228–237

protests on, 239-241
See Acceptance-Acceptor-Civil Procedure Code-Delivery-

Dischgares from Liability-Drawee-Holder-Notice of

Dishonor-Payment- Presentment-Protest.
ILLEGAL CONSIDERATION. See Consideration.
ILLUSTRATIONS,

in acts, how to be dealt with by Courts, 92
IMMEDIATE PARTIES,

who are, 85

IMPRESSED LABELS,

when to be used, 209, 218
officers empowered to affix, 218

See Rules of Governor-General.
INADEQUACY. See Consideration.
INCHOATE INSTRUMENTS,

what are, 44
must be signed and delivered, 45
duty of person taking, to ascertain authority of person who

signs 47
delivery of necessary, 47

who may complete, 48
INDEMNITY,

contract on, bill is one of, 76

party paying lost instrument, entitled to, 123
INDORSEE,

defined, 42
is holder in due course, 31
his rights under conditional indorsement, 89

restrictive indorsement 93
alteration of instrument by, 130, 136

See Indorsement.
INDORSEMENT,

definition and requisites of, 40-42,91
place of signature to, 41
allonge what it is, 41
for collection, 41
consideration need not appear in, 42
of inchoate instrument, 42
by person not the holder, 42

agent, 42,60

corporation, 42,60
in blank, defined, 42
in full defined, 42
special, 42
by infant, 56
per proc.,' 66
striking out, effect of, 82
forged, on bill who bound by, 82
conversion of blank into full, 90
effect of, 91
may be restrictive, 91,93
of bundi 'for realization', 93,94

:

INDORSEMENT-continued.

excluding liability, 95
conditional, 95
of instrument in blank, makes it payable to bearer, 96
for part of sum due, void, 97
by legal representative, 98

facultative,” 154
presumption as to order of, 176
foreign, on inland bill, 192
exempted from stamp duty, 215

under decree of Court, 225
INDORSER,

defined, 41
bis liability, 73
his contract on the instrument, 73-75
of hundi, his contract, 74
indorsing after dishonor of instrument, 73,75
in what cases a surety, 74,77
rights, when compelled to pay instrument, 77

how founded, 77
discharge from liability, 81,124-126
may exclude his liability or make it conditional, 95
his rights, on again becoming holder of instrument so indorsed,

95,96

bound, notwithstanding previous alteration of instrument, 137
INFANT. See Minor.
INITIALS,

as signature, 15
INLAND INSTRUMENT,

defined, 37
illustrations of, 37

protest of, not necessary, 160
INSOLVENCY,

presentment to maker, drawee or acceptor, 117
not excuse for non-presentment, 119

See Presentment.
INSOLVENT Act (XI Vict. c. 21).

referred to in text, 149
INSTALMENTS,

instrument not conditional or uncertain because payable by, 20
presentment in such case when necessary, 111
days of

grace allowed on instrument payable by, 111
decree on negotiable instrument may order payment by, 224, 225