BANK HOLIDAYS, 207, 227, 230, 276. nor noting in lieu of protest, 213. nor notice of dishonour, 230. And see Appendix. when bill or note falling due on, is payable, 276. BANKERS. See Cheque. branches of banks, 26, 230. fraudulently negotiating or depositing bills, 46, 203. on their bankruptcy, bills deposited with them do not pass to their when they pass by reputed ownership, 478. discounting bills, &c., under suspicious circumstances, 186. what may justify refusal, 21, 460. bound to know the handwriting of a customer, 19, 253, 346. paying a forged, altered, or cancelled cheque, 294, 305, 347. when money paid on a forged bill may be recovered back, 305, liable to loser, if they discount lost bill after notice of loss, 187, and acquire no right against other parties, 390. presentment of notes at bank which has stopped payment, 289. duty of bankers to make a memorandum on bills paid by them, not responsible for genuineness of indorsement on draft on himself have a day to give notice to customer of dishonour of his bill, 230. cheques crossed with their name, 30. double crossed cheque, 30. joint stock banking company, 80. lien on deposits, 198. liability for same, 198. no new banks of issue, 80. money deposited with a banker is money lent, 435, 437, 480. holding for customer, are holders for valuc, 22, 146 note (o). BANKERS' CASH NOTES, what, 11, 282. when a legal tender, 11. when money had and received would lie for them, 11. under 51. no longer issuable, 95. when they will be payment, though they turn out bad, 181, 186, may now be taken in execution, 4, 202. stamp on, 118, 122. when they ought to be presented for payment, 280-282, 356. effect of Statute of Limitations on, 356, note (d). BANKRUPTCY, acts of bankruptcy, 451, 471. taking bill for judgment debt, 453. petitioning creditor's debt, 453. when bill may be, 453. must have existed before act of bankruptcy, 454. date of bill primâ facie evidence, 455. vesting of property in trustee, 455. doctrine of relation, 456. protected dealings, prior to 1883...457. void dealings, prior to 1883...458. protected and void dealings under Act of 1883...459. what amounts to notice thereof, 460. banker honouring cheque after notice, liable, 460. in what cases holder may prove, 461. Statutes of Limitation bar proof, 353. production of bill to trustee before dividend, 462. proof on good portion of consideration, 462. bills not due, 462. bill payable on demand, 462. bill payable after notice, 462. irregular bill or note, 462. bill not provable against one not a party, 463. drawer and drawee the same, 463. proof by surety, 463. holder may, unless restrained, either sue or prove, 465. 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 fo mutual accommodation bills, 465. where there has been specific exchange, 465. what amounts to specific exchange, 465. BANKRUPTCY--continued. proof of debts-continued. party to mutual specific exchange must pay his own paper mutual accommodation without specific exchange, 466. mutual accommodation without specific exchange, with mutual accommodation bills in hands of indorsee for value, 466. expenses, re-exchange, &c, 467. where several adjudications, under which and for how much against estate bankrupt in more than one country, against joint and separate estate, 468. creditor holding bills as security, 469. 468. where bills afterwards paid, amount must be expunged, from proving on bills brought up after acceptor's bankruptcy, 469. credit must not have been given after notice of act of bank- fraudulent set-off, 471. set-off under general statutes of set off more extensive than trustee cannot deprive creditor of set-off once existing, 472. mutual credit more comprehensive than mutual debts, 472. mutual credit may be where no debt due, 473. mutual credit need not have been intended, 473. in mutual dealings those only prior to the commencement of unless act of bankruptcy was secret, in which case creditor's mutual credit must have existed before the bankruptcy, mutual dealings clause will not authorise set-off to a breach of mutual credit does not extinguish a lien, 474. set-off, &c., in bankruptcy may be relied on either in an action and whether the action be for debt or damages, 474. what property is divisible among creditors, 455, 456, 475. securities in hands of acceptor becoming bankrupt, 475. rule in Ex parte Waring, 476. holder's rights as to funds deposited with a third person, 476. reputed ownership clause, 477. share of dorinant partner does not pass under, 478, 480, note (q). and now by Partnership Act, 1890, s. 3...47, note (b). BANKRUPTCY-continued. reputed ownership clause-continued. assigned debts, when within reputed ownership clause, 478. notice to debtor not necessary to complete assignment of otherwise if not negotiable, 478. negotiable bills and notes may pass to trustee as mere chattels if not negotiable nor due or growing due to bankrupt in his but not bills in hands of agents for specific purpose, 479. nor bills in hands of factor or banker unless discounted or and mere entry of the bills in the cash column is not position of bankrupt prior to discharge, 480. until trustee intervenes, party dealing bond file and for value subject to this rule the trustee is the person to indorse or but acceptor or maker of negotiable bill or note cannot dispute and payee of accommodation bill becoming bankrupt has no effect of discharge, 481. releases bankrupt from all debts provable, 481. except liabilities to the Crown, 481. or incurred by fraud or fraudulent breach of trust to which he but does not release bankrupt's partner, co-trustee, surety, or as to bills accepted in blank before bankruptcy and filled up valuation of securities for purpose of voting, 482. on bankruptcy of drawce, presentment for acceptance excused and but holder may present, either to the bankrupt drawee or his bankruptcy of drawee, acceptor, or maker does not excuse present- nor dispense with notice of honour to drawer and indorsers, on bankruptcy of drawer or indorser, notice of dishonour may be BASTARD, note given to indemnify a parish from, illegal, 157. BEARER, bill or note payable to, transferable by delivery, 2, 94, 169. BEGINNING, right of, at the trial, 431. BELLMAN, delivery of letter to, 224. BETTER SECURITY, protest for, 214. BILL BROKER, how he may raise money on bills, 41, 181, 187, 238, 290. BILLS OF EXCHANGE, history of. See Preface. what, 1. peculiar qualities of, 3 not subjects of larceny at common law, 4, 202. are so by statute, 203. are assignable, 3. inland and foreign, 130. sets and copies of, 131, 133. consideration presumed until contrary appears, 3, 135. effect of drawing and indorsing of, 4. accepting, effect of, 4. how far considered goods and chattels, 4, 478. may be taken in execution, 4, 202. or under an extent, 4, 202. might formerly operate as wills or testamentary instruments, 5. may in some cases be a declaration of trust, 5. on what to be written, 85. in what language, 85. may be written in pencil, 85. signature, 36, 86. superscription of place where written, 86. superscription of sum payable, 94. time of payment, 88. request to pay, 89. description of payee or indorsee, 89. bills under 20s...95. under 51...95. under seal, 77. when it can be the subject of a donatio mortis causâ, 199. capacity of contracting parties to, 35-84. when considered as sold, 182-186, 298. no one liable on, unless his name appears, 36, 181, 463. direction to drawee, 98. the words "order" or "bearer," 93, 167. direction to place to account, 99. words 66 as per advice," &c., 99. place where made payable by drawer, 98, 259, 284. by the acceptor, 259, 284-288. by co-partnerships or corporations, 77-84. by persons in official situations, 83. And see Appendix II. given to them, 83. must be for payment of a certain sum, 103. and for money in specie, 104. not out of a particular fund, 107. must not be drawn on a contingency, 104. irregular bill may be treated as agreement, 108, note (d). stamp in such cases, 108, note (d), 119, 123. |