MAKER-(continued.) maker of an accommodation note may be sued, though composition releasing such payee, not knowing that he is a surety, will have same in an action against, when necessary to aver presentment at particu- if maker make note payable at a certain place by memorandum at MARRIAGE, a contract made in restraint 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. MERCHANTS.-(See " Bills of Exchange.") inland bills formerly valid only between merchant and merchant, 12. judges may consult them in new cases, 94. 270. MISDEMEANOR, compounding of not a legal consideration, 74. MISDESCRIPTION-(See "Misnomer.") of payee of a bill, where it will not vitiate, 63. 389. MISNOMER (See "Misdescription.") if the name of a party to a bill is mis-spelt in declaration, when it is 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. 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 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. 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. in what right due, 476. time when the mutual debts or credits arose, 477. NAME-(See "Misdescription," " Misnomer," "Mis-spelling.") 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 an exchange of acceptances is, 105. delivery of a bill to drawee by drawer to be accepted is not, 105. 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 370. but this entry may be made any time before final judgment, 370. NON-ACCEPTANCE.-(See "Notice of Non-acceptance," "Protest.") : NON-ACCEPTANCE-(continued.) and this, though the instrument be somewhat like a note, 231. 21. party arrested, and giving a draft in payment which is dishonoured, if a person take a bill from drawer in payment of goods sold on [231. drawer and indorsers may plead a tender any time before action but acceptor cannot if he does not pay immediately on present- when notice of non-acceptance has been given, no presentment for parties to bill protested for non-acceptance, liable to pay principal, when a note is payable according to a course of exchange, what and if a party to a bill is discharged by foreign laws where bill was if holder omits to give notice of when made, the other parties dis- NON-PAYMENT.-(See "Notice of Non-payment," "Protest.") bill should, if foreign, be protested, and notice of dishonour given 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 demand of payment must be made by him before protest is and this demand must be made by the notary himself, and can- acceptance supra protest must be made in presence of, 242. cannot protest a bill for non-payment by a banker, if present- and no inference that bill was presented in due time is to be 277. [312. 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, on payment of a bill for honour of another, a declaration his duty on such occasion, 321. protest under seal of notary made abroad, proves itself, 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 express notice to creditor from several partners, disavowing autho- should be given of loss of bill or note, 151.-(See " Loss of Bill.”) should be given when holder protests bill, because drawee has of taking in K. B. unnecessary, if defendant wish to obtain a rule of prothonotaries appointment to compute must be given in Č. P. but this does not extend to trover for a note, or an indictment for NOTICE OF DISSOLUTION OF PARTNERSHIP.-(See "Partners.") [36. 38. alteration in bankers printed checks have been deemed good notice not necessary where dormant partner withdraws his name, 36. NOTICE TO PRODUCE BILL should be given when acceptor detains it, and is sued on it, 140. 378, NOTICE TO PRODUCE A LETTER, &c. containing notice of dishonour, must formerly have been given be- 4 H NOTICE TO PRODUCE A LETTER, &c.—(continued.) but it has been lately determined that parol evidence of the contents 406. and a copy of a letter, containing notice of dishonour, is admissible on such notice given, what is evidence that notice of dishonour was in order to establish usury as a defence, in discounting another bill NOTICE TO PROVE CONSIDERATION [411. but plaintiff will not be called on to prove consideration, even after this notice not required, if defendant can make out a strong case of 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 what should be given, when drawee requires time, 165, 224. but none necessary, if holder is content with the special ac- but where acceptor gives only a partial acceptance, how far but such notice should express the nature of the acceptance, 182 What excuses omission of it, 197 to 215. no damage sustained, is no excuse for omission of notice, 198. want of effects, &c. of drawer in drawee's hands, is an excuse the same where bill accepted for accommodation of drawer, 198. 199. how far want of consideration excuses the neglect to give no- |