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INSTRUMENT,

assignment, of right to sue on non-negotiable, 37

person entitled to delivery up of, on payment, 37,122
obtained by unlawful means, 98

negotiable till payment or satisfaction, 103

chargeable with stamp duty, what, 208

only one to be on same stamp, 209

must be stamped at or before execution if executed in British
India, 210

when and by whom to be stamped if executed out of British
India, 210

where expressed in certain currencies, rates for ascertaining
stamp duty, 210

rates in other cases, 210

presumption as to stamp, when rate of exchange stated in, 210
not duly stamped inadmissible in evidence, 210

penalty for executing unstamped or insufficiently stamped, 212
not setting forth true consideration, 212
See Foreign Instrument-Negotiable Instrument—Rules of Gover-

nor-General-Stamp.

INTEREST,

when acceptance of, in advance by creditor operates as a giving
of time, 81

when rate specified from what date it runs, 121

no rate, from what date it runs, 122

indorser from what date liable for, 122

stamp not affected by mention of, in instrument, 210

may be ordered by decree, 224

INTERNATIONAL LAW,

liability of drawer, maker, acceptor or indorser of foreign instru-
ment, 191-193

dishonor, what is, determined by law of place of payment, 194
instrument made out of British India, but in accordance with
its law, 195

foreign law, presumption as to, 195

INVALID TITLE,

payment to holder having, effect of, 5,37

ISSUED,

equivalent to negotiated, 40

JOINT AND SEVERAL. See Promissory Note.

KNOWLEDGE,

when equivalent to notice, 36
when not, 155

LAWS LOCAL EXTENT ACT (XV of 1874.)

reference to in text, 196

LEGAL REPRESENTATIVE,

what persons included in, 67

personal liability of, signing instrument, 67
his power to negotiate instrument, 67
indorsement by, 98

LIMITATION ACT (XV of 1877.)

LOCAL EXTENT,

of Act, 1

references to in text, 19,51,75

debt barred by, is consideration, 32

suits instituted after period prescribed by, shall be dismissed, 220
modes of saving, 220

periods from which time runs, 220-322

LOST INSTRUMENT,
holder of, 29

title of finder, 30

payment of, 123

duly stamped, presumption that, 176

suit on, 224

See Indemnity.

LUNACY,

effect of, on contract, 55

difference from English law, 55

MAJORITY ACT (1X of 1875).
what is age of, under, 56

MAKER,

of promissory note, defined, 15

contrasted with drawer of bill of exchange, 21
principal debtor on instrument, 21,75

of bill of exchange or cheque, called drawer, 26.
his general liability, 70

presentment to for sight, 107

estoppels which bind, 181

See Notice of Dishonor-Presentment-Promissory Note.

MARRIED WOMAN,

her power of contracting, 54
may be agent, 61

MARRIED WOMEN'S PROPERTY ACT (III of 1874). See Preface.
reference to in text, 54

MATURITY,

defined, 49

how calculated, 50,51

when day of a public holiday, 51
See Grace, Days of

MEASURE OF DAMAGES. See Compensation.

MINOR,

cannot bind himself by negotiable instrument, 53
may negotiate instrument and bind other parties, 53
may be agent, 61

MISSPELLING,

of name of payee drawee or indorsee not material, 16,20
MISREPRESENTATION,

instrument obtained by, invalid, 34,48

See Fraud.

MISTAKE,

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NEGLIGENCE,

in taking bill, insufficient to deprive of rights of 'holder in due
course,' 33

in making payment, 36

by banker in dealing with bill presented for payment, 120
what sufficient to work estoppel, 138

NEGOTIABLE INSTRUMENT,

origin and history of, 12

defined, 38

other than mentioned in Act, law applicable to, 38
characteristic features or requisites of, 39

ambiguous, how may be treated, 43

negotiable till payment or satisfaction, 103
limitation as to suit on, 220-222

who may be made parties to suit on, 223
summary suit on, 226

NEGOTIATION,

rights acquired by, 31-34

defined, 40

presentment for acceptance is not, 40
by delivery, 87,89

NEGOTIATION-continued.

of bill payable to bearer, 89
order, 90

by indorsement, 90

who may make, 94

of over-due instrument, 98-102

permissible till payment or satisfaction, 103

See Delivery-Indorsement.

NEW YEARS DAY. See Holiday.

NON-ACCEPTANCE,

dishonor by, 141

See Dishonor-Notice of Dishonor.
NON-NEGOTIABLE INSTRUMENT,

right to assign right to sue on, 39

NOTARIAL ACT,

British diplomatic and consular empowered to do, 9
stamp on, 214

NOTARIAL REGISTER,

declaration of acceptance for honor, to be recorded in, 170

NOTARIAL SEAL,

Courts take judicial notice of, 9

no provision in Act for use of, 9,10,162

NOTARY PUBLIC,

described and defined, 8,9

Governor-General may appoint persons to perform functions of, 8

English Statutes relating to, 9

duties of, in general, 9

may give notice of protest, 163

duties as to acceptance and payment for honor, 169,172

See Acceptance for Honor-Payment for Honor-Protest.

NOTE,

See Promissory note-Noting.

NOTICE OF DISHONOR,

NOTICE,

of defect in title to negotiable instrument what amounts to, 31
Lord Blackburn's remarks on, 33
agent's authority, revocation of, 65
' per proc.' signature is, of agency, 66
See Agent-Authority.

necessary to charge drawer, 67,145

indorser, 73
by and to whom should be given, 143,145

NOTICE OF DISHONOR-Continued.

reasons why required, 143

necessary in case of accommodation instruments, 144
not excused because drawee had no effects of drawer, 146
rules as to, affecting hundis, 146-148
Mahomedan law does not require, 147

may be oral or written, 148
may be given to clerk, 148

wife, 148

what it must contain, 148-150
mode of giving notice, 148-152

transmission of by post, when written, 149

agent, 148

legal representative, 149
assignee, 149

time allowed agent to inform principal of, 152

branch banks considered as agents for purpose of giving, 153

effect of death of party to whom, despatched, 153
when unnecessary, 153-157

must be given within reasonable time, 150,166-168
time for giving to party living in same town, 167
different town, 167

See Dishonor-Protest.

NOTICE OF PROTEST,

must be given instead of notice of dishonor when protest re-
quired by law, 162

may be given by notary public, 162

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