Page images
PDF
EPUB

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 rith

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.

[blocks in formation]

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.)

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
LOCAL EXTENT,

of Act, 1
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 DishonorPresentment-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,

alteration of instrument to correct, 136
MONEY,

negotiable instrument must be payable in, 11,16,20
MONTH,

how calculated and reckoned, 51
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

NEGOTJATION—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 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.
NOTICE OF DISHONOR,
necessary to charge drawer, 67,145

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

6

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
agent, 148
legal representative, 149

assignee, 149
what it must contain, 148-150
mode of giving notice, 148-152
transmission of by post, when written, 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
NOTICE OF QUALIFIED ACCEPTANCE,

must be given to all previous parties, 128, 129
NOTING,

how and by whom made, 158
what it is, 158
called ' incipient protest', 158
at what time to be made, 159
advantages of, 159
protest may be extended from, 161
stamp on, 214
expenses of, may be recovered in summary suit, 227
form of bill noted for non-payment, 240

See Protest-Reasonable Time.
ON PRESENTMENT,

definition of, 48

[ocr errors][ocr errors]
« PreviousContinue »