DEMAND-(continued.)

66

no days of grace allowed on such bills, 269.-(See Days of
Grace.")
[269.
should be presented for payment in a reasonable time after receipt,
what is a reasonable time a question of law and fact, 269.

bills, &c. payable on demand need not be presented for payment
on day issued, 270.

presentment for payment of a bill, &c. payable on demand, the next
day is sufficient, if made in usual hours of business, 270.

this rule prevails when bill given to a banker in payment, 271, 2.
the rule allowing a party to retain a check, &c. payable on demand,
till day after receipt, does not extend to a succession of holders, 276.
the statute of Limitations runs from date of note payable on demand,
and not from demand made, 373, but see 361.

note payable on demand, dated 20 years before commencement of
suit, is presumed to have been paid, 305.

demand of acceptance, when necessary, 158.

demand of payment not necessary to be made of drawer in order to charge indorser of a bill, 262.

demand of payment to charge acceptor of a bill, or maker of note when necessary, 250 to 259.

interest recoverable on a bill payable on demand, 420.—(See “Interest.")

DEMAND, PARTICULARS OF.-(See "Particulars of Demand.") what necessary to recover on common counts, 363.

DEMURRER,

omission of averment of length of usance in declaration fatal, 356. omission of allegation of protest in an action on a foreign bill, bad on special demurrer, 362.

what allegation of this protest is bad, 362.

to the count on a bill, and judgment for plaintiff, reference to master allowed, 370.

but a nolle prosequi must be entered to other counts, 370.

after interlocutory judgment signed, plaintiff must wait till following
day before he can obtain rule to refer, 370.

when a mis-statement in a declaration is substantially bad, advantage
may be taken by a general demurrer, 372.
when only formally so by a special one, 372.

DEPOSIT.

if a navy bill is left as a deposit and security till another is accepted, the produce received may be recovered under the count for money had and received, 366.

DESTRUCTION.-(See "Loss.")

DEVASTAVIT.-(See "Executor.")

DILIGENCE.-(See "Search," "Inquiry.")

what sufficient inquiry after residence of drawer or indorser, 213.

CHITTY ON Bills.

4 B

1

DIRECTION,

to drawee of a bill, 99.

to drawee of a bill, better left out in the declaration, 356.
mistake in a direction of a letter, giving notice, no excuse for delay,
211. 213, note.

if no direction to drawee, how to prepare declaration, 356.

DISCHARGE-(See "Release.")

of acceptor, 188 to 193.

DISCOUNT (See "Banker," "Interest," "Usury.")

of an acceptance by acceptor at a premium is not usury, 77.
of a bill by a broker for exhorbitant brokerage, does not affect its
validity, 82.

taking of, in advance on a loan of money, is usury, 83.

this rule does not extend to the case of a bill, &c. 83.

unless that bill be at a very long date, or for a large sum, 84. [84.
may be taken by a banker, besides a reasonable sum for commission,
may be taken by a merchant, besides a reasonable sum for com-
mission, 85.

a person taking a bill and giving a bill for the money when it is
usury, 87-(See "Usury.")

if such draft is not payable on demand, a proportionate reduction
must be made in the, 87.

otherwise if the wish of the holder is to receive the money by such
a draft, 88.

compelling a party to take goods on discounting a bill, usury is pre-
sumed, 88.

what evidence is necessary to rebut this presumption, 89.-(See
"Evidence.")

an agreement with a broker to give him ten per cent. to get a bill
discounted, when not usury, 89.

of a bill by a banker, who becomes a bankrupt, vests such bill in his
assignees, 122.

of a bill which proves to be a forgery, the person discounting may
claim his money from him who transferred it, if it was done with
out indorsing, 144.

otherwise if bill be good, but is dishonoured, 342.

of a bill by a banker after notice that it had been lost, such banker
is liable to an action of trover, 148.

of a bill by a banker for drawer, afterwards dishonoured, and then
drawer's account is in his favour, such bill considered as paid, 289.
right of discounter and liability of the party transferring, 145.

DISHONOUR-(See "Laches," "Notice.")

DISSOLUTION OF PARTNERSHIP-(See "Notice of," "Part-
ner," "Partnership.")

DIVIDEND-(See "Bankruptcy.")

taking one under a commission against acceptor does not discharge
drawer or indorsers, 331.

receipt of dividend under a commission against a joint maker within
six years on account of a note will bar the statute of limitations
as against the other, 374.

DIVIDEND-(continued.)

aliter when debt is not proved on the note, 374
mode of recovering same, 470.

DONATIO MORTIS CAUSA.-(See "Gift.")
bill of exchange not capable of being, 2.

a bond is, 2.

a bank note is, 2, 332, 3.

an absolute gift to take effect immediately, is not a, 73.

DRAFT.-(See "Check.")

DRAWEE. (See "Acceptor," "Acceptance," "Presentment for Accept-
ance.")

of a bill of exchange, who is such, 1. 20.

where there are two, both must accept, or bill must be protested, 39.
want of address to, cured by acceptance, 91. 174, 5.

where a bill is directed to A. or B. an acceptance by A. or B. is
sufficient, 91.

where a bill is altered by drawee, it is invalidated, when, 104.-(See
"Bill of exchange.")

when cannot dispute the validity of an indorsement, if he afterwards
accept, 124.

refusing to accept makes drawer and indorser immediately liable, 142.
if a foreign bill is lost, &c. whilst in hands of drawee, he must give
a promissory note for the sum, 157.

if he refuse, holder may immediately protcst, 157.-(See " Protest.")
and when due, though he have neither bill or note, if payment is re-
fused, he may protest, 157.

no presentment to necessary, if drawee cannot be found, &c. 164. 247.
having left the kingdom, and no agent, no presentment need be made,

165. 247.

when dead, presentment should be made to personal representative,

165.

when requires time to accept, and holder grants it, he should give
notice, 165.

must have capacity to contract, or holder may treat bill as dishonour-
ed, 166.

has 24 hours to accept a bill in, 163. 167.

ought not to give acceptance if he knows of drawer's failure, 169, 170.
what amounts to an acceptance by, 170. 176.

all acceptances by, of inland bills, must now be in writing on bill,

170.

otherwise as to foreign bills, and inland bills drawn before 1st Au-
gust, 1821, 170. 175.

what will not amount to an acceptance by, 177.

but when acceptance is doubtful, drawee may rebut the presumption
in favour of it, 179.

may make an acceptance payable on a contingency, 180.

release by drawer before acceptance, does not discharge subsequent
acceptance, 190.

death, bankruptcy, or known insolvency of, does not excuse the omis-
sion of notice of the dishonour of a bill, 210.-(See "Notice of
Non-acceptance.")

of a bill may make an acceptance supra protest on same bill, 241.
(See "Acceptance supra protest.")

DAWEE (continued.)

when acceptor supra protest may claim indemnity from drawee, 243.-
(See "Acceptance supra protest.")

when presentment for payment should be made to his agent, 247.
not bound by a promise to pay a bill if holder would forego the du-
plicate protest, and he refused, 279.

when drawer not discharged by payment of a bill before due, 281.
paying a bill by check, holder ought not to give up bill, 287.

DRAWER

of a bill of exchange, who is, 1. 20.

release by to acceptor does not affect payee's right of action, 5. 190.
set-off due from, to acceptor, does not, 5,

in an action against, infancy of indorser no defence, 20.

in an action against, want of consideration between him and third
person, no bar, 70.

except such third person gave no value for it, which must be proved,
70, in notes.

of a bill or check given on a verbal condition, which is broken, may
refuse to pay same, 71.

his name must be inserted in some part of a bill, 89.

must be written by himself, or his authorized agent, 89. 90.
when an agent, the proper manner of signing a bill, 90.

when a partner, and bill drawn in name of firm, how to sign it, 90.
liable to any amount to which his name is affixed, even though the
instrument was drawn in blank, and afterwards filled up without
his knowledge, 24, 90, 107. 124.

of a bill, cannot alter the place of payment without acceptor's con-
sent, 103.-(See " Bill of Exchange.")

liability of, complete after delivery of the bill to payee or indorsee,

106.

liable even where the acceptor, by laws of foreign country in which
he resides, is prohibited from paying, 106.

but the rule is otherwise if such prohibition arose from law of this
country, 106.

liable if he drew the bill on his own account, or as an agent, 107.—
(See "Agent.")

liable immediately if any acts which he by drawing the bill has war-
ranted, are not fulfilled, 107.

[107. 195.
liable to indemnify acceptor if he accepted for his accommodation,
but such liability of, may be discharged by laches of the holder, 107.
(See "Laches.")

what laches of the holder will discharge, 245.

when an annuity granted in consideration of a bill accepted but
which was dishonoured, and then paid by drawer, annuity not va-
cated, 107.

when a bill is drawn abroad by a person here, he is discharged here
if he is so abroad, 107.

liability, though no words of transfer are inserted in a bill, 109.
liable, though indorsed by a married woman, if he afterwards promise
to pay, 115.

liable on an indorsement made by payee, who died before bill bore
date, 124.

if when bill refused payment by acceptor, takes it up, he may indorse
it again, 130.
£130.
of a note may, under certain circumstances, issue it after payment,

DRAWER-(continued.)

of an inland bill, sometimes compellable to give another, if the first
be lost, 151.

this rule will extend to notes, 152.

liable to immediate action if drawee refuse to accept, 159.
bankruptcy of drawer of a bill, how far restrains the payment or
acceptance of it, 170.
[170.

of a bill dying does not revoke his request of drawee to accept, &c.
of a bill liable if acceptor does not pay, 183.-(See "Acceptor.")
release by to drawee before acceptance does not discharge a subse-
quent acceptance, 190.

release by drawer to acceptor, how far it operates, 190.

what excuses omission of notice of dishonour to, 198.

where one of several is also acceptor, notice of dishonour is dis-
pensed with, 211, 212. 229, 230.

may rebut presumption that he is not damnified by proof to the con-
trary, 212.

bankruptcy of, no excuse for want of notice of dishonour, 215.

may plead a tender if made on same day that he received notice of
its dishonour, and before writ issued, 232.

may impliedly waive his defence of laches of holder, 239. [240.
if a bankrupt, holder cannot compel acceptor to give better security,
any person may make an acceptance supra protest without consent,
liable to indemnify acceptor supra protest, 240, 1. 243. [240.
when a particular place named in body of bill, presentment for pay-
ment must be made there in order to charge drawer, 250.

on dishonour of a bill, no demand for payment need be made in
order to charge indorser, 262.

of a bill or check payable on a condition, may refuse payment, if
on presentment he discover condition has not been performed,

279.

name on a check cancelled by mistake of banker, banker may yet
refuse to pay same, 279.

discharged if holder of a bill take a check from acceptor, and give
up bill, 287.

of the effect of giving time for payment to, 200 to 297.

of a foreign accepted bill protested for non-payment, not obliged to
pay without having bill given to him, 311.

if an acceptor pay a bill supra protest, he has a remedy against
drawer, 321.

drawer who has taken up bill, may arrest and sue bankrupt acceptor,
if he has not got his certificate, though previous holder proved
same under commission, 343.

may maintain action against acceptor on a bill already accepted on
refusal to pay, 343.

but not on refusal to accept, 343.

action in such a case must be on the original consideration, and
sometimes on the special contract to aceept, 343.

when he may sue acceptor who has been charged in execution by the
indorser of the bill, and discharged under lord's act, 344.

in action against, on a bill accepted, payable by certain persons at
a certain place, what averment sufficient, 361, 2.

of a bill having taken it up, confined to his action against his ac-
ceptor, 365.

hand-writing of drawer to an indorsement must be proved in an
action against acceptor, 390.-(See "Hand-writing."