MAKER-(continued.)

maker of an accommodation note may be sued, though composition
taken from payee, &c. 298.

releasing such payee, not knowing that he is a surety, will have same
effect, 298.

in an action against, when necessary to aver presentment at particu-
lar place, 361.

if maker make note payable at a certain place by memorandum at
foot, that does not qualify contract, 361.

MARRIAGE,

a contract made in restraint of, void, 75.
for procuration of, void, 75.

MARRIED WOMAN.-(See "Feme Covert.")

MASTER, REFERENCE TO.-(See "Reference to Master.")

MEMORANDUM,

effect of it on the back of a note or bill, or separate paper, 46, 7.
at foot of note making it payable at a place certain in an action
against maker on it, no averment of presentment there necessary, 361.

MERCHANTS.-(See " Bills of Exchange.")

inland bills formerly valid only between merchant and merchant, 12.
- what notice of dishonour is sufficient to, and how it should be
served, 214.

judges may consult them in new cases, 94. 270.

MISDEMEANOR,

compounding of not a legal consideration, 74.
bankers and agents embezzling bills is, 114.

MISDESCRIPTION-(See "Misnomer.")

of payee of a bill, where it will not vitiate, 63. 389.
in address of a letter, no excuse for delay in notice, 211.

MISNOMER (See "Misdescription.")

if the name of a party to a bill is mis-spelt in declaration, when it is
fatal, 353.

in a count for usury, 353.

what misnomers have been held as not fatal, 353.

[392, 3.

in respect to indorser between declaration and evidence, immaterial,

MIS-SPELLING

of a name in drawing a bill may be rectified by parol evidence, 65.
a party's name to a bill in a declaration, how far fatal, 353.-(See
"Misnomer.")

MIS-STATEMENT

in declaration, how taken advantage of, 372.-(See "Demurrer.”)

MISTAKE

in directing a letter, no excuse for delay in notice, 211.

MONEY COUNTS.-(See " Declaration.")

the utility of, and when applicable in case of bills and notes, 363 to
367.

MONEY HAD AND RECEIVED,

when money recoverable back, 239. 305, 6. 211.

MONEY, PAYMENT OF INTO COURT,

admits validity of bill or note, and sufficiency of stamp, 380, 3, 8.
admits holder's title, 397.

MONTH,

means calendar in case of bills and notes, 268.

how calculated as to time of payment of bills and notes, 264, 9.

MUTUAL CREDIT. (See "Set-off," "Bankruptcy.")

general observations, and 5 Geo. 2. c. 30. s. 28, 473 to 474.
nature of debt to be set-off, 474.

in what right due, 476.

time when the mutual debts or credits arose, 477.

NAME-(See "Misdescription," " Misnomer," "Mis-spelling.")
of payee, mistake in, 62 to 64.

NAVY BILL,

consequence of their being misapplied by banker or agent, 113.

not essential to validity of a bill or note, 65. 108.

what words usual and essential to make bill or note negotiable, 66.

108 to 111.

NEGOTIATION,

a bill or note cannot be altered after it was perfected, and complete
before such negotiation, 103.

an exchange of acceptances is, 105.

delivery of a bill to drawee by drawer to be accepted is not, 105.
of a bill or note may be restrained by a court of equity, but not by
law, 110.

NEW STYLE.-(See "Style.")

of old and new style where they prevail, 363, 4.

NOLLE PROSEQUI

must be entered to other counts after demurrer to the one on a bill
and judgment for plaintiff upon reference to master to compute,

370.

but this entry may be made any time before final judgment, 370.

NON-ACCEPTANCE.-(See "Notice of Non-acceptance," "Protest.")
of non-acceptance, and what holder ought to do thereon, 196 to 240.
notice of should in all cases be immediate, 217. 219.
[to 233.
drawer and indorsers immediately liable to pay and to be sued, 230

:

NON-ACCEPTANCE-(continued.)

and this, though the instrument be somewhat like a note, 231. 21.
bankruptcy of drawer after drawing a bill, on non-acceptance the
debt may be proved under the commission, 231.

party arrested, and giving a draft in payment which is dishonoured,
may be arrested again on the same writ, 231.

if a person take a bill from drawer in payment of goods sold on
non-acceptance, he may recover on the common counts, 231.
and it is sufficient in such action for drawer to prove the present-
ment for acceptance, 231.

[231.
without showing that bill was protested, or that drawer had notice,
drawee refusing to accept, but requesting holder to call again, holder
not bound to present it or return the bill, 232.

drawer and indorsers may plead a tender any time before action
commenced, 232.

but acceptor cannot if he does not pay immediately on present-
ment, 232.

when notice of non-acceptance has been given, no presentment for
payment need be made, 232.

parties to bill protested for non-acceptance, liable to pay principal,
interest, and damages, 232.

when a note is payable according to a course of exchange, what
liabilty is incurred, 232, 3.

and if a party to a bill is discharged by foreign laws where bill was
drawn, he cannot be proceeded against here, 233.

if holder omits to give notice of when made, the other parties dis-
charged, 233.

NON-PAYMENT.-(See "Notice of Non-payment," "Protest.")
conduct holder should pursue on non-payment, 308, 9.

bill should, if foreign, be protested, and notice of dishonour given
whether foreign or inland, 308.-(See "Notice of Non-payment.")
a protest must be made on non-payment of coal notes given under
3 Geo. 2. c. 26. s. 7., 312.

NOTARY PUBLIC,

his office and duty in general, 216.

his duty when protesting a bill for non-acceptance, 216.

must draw up protest on bill itself if possible, otherwise on a
copy, 216.

demand of payment must be made by him before protest is
completed, 216.

and this demand must be made by the notary himself, and can-
not be by his clerk, 217. 312.

acceptance supra protest must be made in presence of, 242.
his conduct on protesting for non-payment, 310 to 313.

cannot protest a bill for non-payment by a banker, if present-
ment is not made in the usual hours of business, 277. 404.
unless person is stationed there to answer, when presentment is
good, 404.

and no inference that bill was presented in due time is to be
drawn from presentment made by a notary in the evening,

277.

[312.
doubtful whether clerk of, can protest under 9 & 10 W. s. c. 17.
unsettled whether can note a bill for non-payment on day of re-
fusal, and draw up protest afterwards, 313.

NOTARY PUBLIC-(continued.)

his office and duty in general-(continued.)

if a bill be presented at a banker's by a notary after five o'clock,
when he cannot prove non-payment, 313.

on payment of a bill for honour of another, a declaration
should be made before a notary, for whose honour it was
done, 320.

his duty on such occasion, 321.

protest under seal of notary made abroad, proves itself, 405.
but if made in England, notary who made it, and the subscrib-
ing witness, if any, must be called, 405.

table of fees of office, Appendix, 516 to 518.

NOTES. (See "Promissory Notes,"" Bankers' Notes," "Cash Notes.")

NOTICE IN GENERAL,

notice of determining agent's authority, what to be given, 26.-(See
"Agent.")

express notice to creditor from several partners, disavowing autho-
rity of one partner disables him from binding them, 34.
notice of dissolution of partnership, what to be given, 38.
not necessary to be given of indorsements, 140.

should be given of loss of bill or note, 151.-(See " Loss of Bill.”)
should be given of partial or conditional acceptance, and how,
180, 2.-(See "Acceptance.)

should be given when holder protests bill, because drawee has
absconded, 240. 243.

of taking in K. B. unnecessary, if defendant wish to obtain a rule
he must do it at his own peril, 370.
[371.

of prothonotaries appointment to compute must be given in Č. P.
to produce bill on trial when in hands of defendant, when neces-
sary, 378.

but this does not extend to trover for a note, or an indictment for
stealing one, 379.

NOTICE OF DISSOLUTION OF PARTNERSHIP.-(See "Partners.")
in the Gazette, how far in general sufficient, 26. 36. 38.

[36. 38.
in case of, express notice must be given to a former customer, 26.
in the Gazette, and sent round to customers, and bill drawn by
one partner after such notice, the others need not apply for
injunction, 36.

alteration in bankers printed checks have been deemed good notice
to customers using them, 36.

not necessary where dormant partner withdraws his name, 36.
one partner refusing to sign a notice, the rest may file a bill, 38.

NOTICE TO PRODUCE BILL

should be given when acceptor detains it, and is sued on it, 140. 378,
but not necessary in trover or indictment for stealing bill, 379.

NOTICE TO PRODUCE A LETTER, &c.

containing notice of dishonour, must formerly have been given be-
fore plaintiff could be allowed to go into evidence of its con
tents, 405.
CHITTY ON Bills.

4 H

NOTICE TO PRODUCE A LETTER, &c.—(continued.)

but it has been lately determined that parol evidence of the contents
of a written notice may be given, without notice to produce same,

406.

and a copy of a letter, containing notice of dishonour, is admissible
without such notice, 407.

on such notice given, what is evidence that notice of dishonour was
received in default of production, 407.

in order to establish usury as a defence, in discounting another bill
besides one on which action brought, notice to produce same is
necessary, 411.

NOTICE TO PROVE CONSIDERATION

[411.
should be given when consideration to be disputed on trial, 68, 148.
form of such notice.-Appendix, 513.

but plaintiff will not be called on to prove consideration, even after
this notice has been given, till his title has been first prejudiced,
411.-(See "Evidence.")

this notice not required, if defendant can make out a strong case of
fraud, 411.-(See "Fraud.")

NOTICE OF NON-ACCEPTANCE.-(See "Protest.")

When necessary and consequence of not giving it, 196 to 215.

if bill be presented for acceptance, although unnecessarily, and
refused, notice of dishonour must be immediately given, 197.
the reason why the law requires notice to be given, 197.
should be given if drawee refuse acceptance or payment, 97, 197.
of a bill should be given by an agent, where one employed, 28.
not necessary, when defendant admits drawee's refusal to ac-
cept, but requests holder to present again, who does, and is
refused, 98.

what should be given, when drawee requires time, 165, 224.
when drawee gives any other than an absolute acceptance,
180, 197.

but none necessary, if holder is content with the special ac-
ceptance, 215.

but where acceptor gives only a partial acceptance, how far
notice is required, 215.

but such notice should express the nature of the acceptance, 182
and if it does not, it will be a waiver of the acceptance, 182, 192.
neglect to give, by the king or his agents, does not prejudice,
if bill is on a wrong stamp, notice is not necessary, 197.~ [197.

What excuses omission of it, 197 to 215.

no damage sustained, is no excuse for omission of notice, 198.
unless in action against acceptor on bill payable at a particular
place, Rhodes v. Gent, MS.

want of effects, &c. of drawer in drawee's hands, is an excuse
as against drawer, 198.-(See "Effects.")

the same where bill accepted for accommodation of drawer, 198.
drawer selling goods to drawee, credit for which did not elapse
till after bill of drawee became due, drawer not entitled to,

199.

how far want of consideration excuses the neglect to give no-
tice, 199.