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BILLS OF EXCHANGE, 169 et seq.

are negotiable, 169

effect of assignment of, by separate instrument, 170
form of, 170

liability of acceptor, drawer, indorser, 170, 171

of drawee not accepting, 170

of transferor without indorsement, 171

relation of parties to, 171

definitions of, 171, 172

inland, 172

foreign, 173

when payable, 173

usance, 173

days of grace, 173

date, 173

must be unconditional, 172, 173

payee, who may be, 173

fictitious, 174

referee, in case of need, 174

consideration, presumed, 174

valuable, what is, 174

acceptance, definition and requisites of, 174
may be general or qualified, 175

delivery, 175

skeleton bill, inchoate instruments, 175

parties to, who can be, 176

infants, 406

corporations, or companies, 176

liability of directors, 177

signature is essential to liability, 177

66 per pro.," 178

by an agent, 178

sans recours, 179

estoppel as to, 177

forged or unauthorized, inoperative, 177

ratification of unauthorized, 177

liability of bankers as to forged indorsement, 178

protection of banker as drawee, 178

presentment, 179 et seq.

for acceptance, 179, 180

when excused, 180

dishonour for non-acceptance, 180

for payment, 181 et seq.

when duly made, 181

delay in, 182

effect of dishonour by non-payment, 182

dishonour and protest, 179

notice of dishonour, 182

when excused, 182

when and how given, 182, 183, 184

protest and noting, 184

damages for dishonour, 185

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indorsement and delivery of, may pass property in goods, 69
drawn in sets, 69

right of action on, transferable by statute, 69, 167

indorsement of, defeats right of stoppage in transitu, 64, 69

are excluded from the operation of the Bills of Sale Acts, 98

form of, Appendix, 425

risks excepted in, Appendix, 425, 426

evidence of, as to goods shipped, 425, n. (3)

BILL OF SALE,

meaning of, 94

may be absolute transfer, or by way of mortgage, 94
by way of mortgage, distinguished from pledge, 94

secret transfer of property by, 95

remedy under Bankruptcy Acts, 95

BILL OF SALE-continued.

Bills of Sale Acts, causes and objects of, 96, 97

of 1878 and 1882..96

distinguished, 97-105

apply only to documents of title, 99

are to be construed as one, 102

under Acts of 1878 and 1882, "personal chattels," what are, 97, 98

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BROKER--continued.

signed entry in broker's book, 75

"sold" and "bought " notes by, 75, 76
when personally liable, 76

CALLS, 269, 283, 291. See COMPANIES.
when interest payable on, 154
liability for, in winding-up, 290
mortgage of, 296

are specialty debts within Statutes of Limitation, 354

CARRIER,

common, 25, 29-31

Carriers Act, 30

shipowners, 30

lien of, 34

duty of, 25, 29

liability of, 29, 30

delivery to, on sale, 54

CERTIFICATE,

of incorporation of company, effect of, 277
share, effect of, 282, 286

CESSER CLAUSE, Appendix, 429, n. (2)

CHAMPERTY,

definition of, 137

HARGING ORDER,

on funds or shares, or cash in Court, 310

CHARTER-PARTY,

definition of, 113

form of, Appendix, 427

CHARTERED COMPANY, 265, 271

CHATTELS. See CHOSES IN ACTION; CHOSES IN POSSESSION; PERSONAL

PROPERTY.

corporeal and incorporeal, 1

meaning of word, 2

property in, how transferred, 41, 45

personal, under Bills of Sale Acts, 97

CHATTELS REAL,

devolution of, on death, 7

of married woman, 397

CHEQUES, 194 et seq.

Bills of Exchange Act, 1882, applies to, 194

definition of, 194

presentment of, 194

effect of discharge of drawer, 194, 195

banker's authority to pay, 195

when banker liable for dishonour, 195

CHEQUES-continued.

as vouchers, 195

crossing of, 195

"not negotiable," 195

liability of bankers as to, 195, 196
gift of, 85, 92

CHOSES IN ACTION,

examples of, 2, 123, 124, 125, 126
joint, 11

whether "goods," &c., 2, n. (2), 330, 332
nature of, 124

legal and equitable, 125

reversionary, 126, 127, 396

were not generally assignable at law, 126
exception, 126, 127

but were in equity, 127

assignments against public policy, 136

officers' full and half pay not assignable, 136, 137

pensions, 136

assignment is subject to equities, 130

assignment may by contract be free from equities, 131

exceptional contracts not assignable, 136

notice of assignment must be given to complete title, 135

notice not necessary as to equitable interest in land, 129

notice to trustees, 130

gift of, 85-89

may be assigned at law under Judicature Act, by writing, 87, 135

must be absolute, 135

chose in action must be legal, 135

priorities between assignees, determined by notice, 129

assignee takes subject to prior assignment of which he has notice, 129
of fund in Court, should obtain stop order, 130

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