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NEGOTIABLE INSTRUMENTS—Continued.

agent, effect of negotiation by, without indorsing, 1373.
agent liable when principal not disclosed, 1322.
agent may write signature, 1323.
agent, signature by procuration, 1325.
agent, when not liable on, 1324.
alteration of, effect of, etc., 244.
ambiguous language, construction of, 1321.
antedating, not invalid because of, 1316.
assignment of, when authorized, etc., 433.
bankrupt, notice of dishonor in case of, 1405.
bearer, instrument payable to, when, 1313.
bill of exchange, provisions with reference to, 1430–1487.

acceptance, etc., of, 1436.
acceptance for honor, etc., 1465.
bills in a set, 1482.

liability of acceptor, etc., 1484.
excuse for nonpresentment, 1452.

dishonor by reason of, 1453.

protest, 1456.
referee in case of need, 1435.
when presentment to be made, etc., 1447.

when bill lost or destroyed, effect of, 1464.
blanks may be filled by persons in possession, 1318.
cancellation of, made unintentionally, effect of, 1497.
cashier, when indorsed to, deemed to be payable to bank, etc., 1346.
checks, what are, when to be presented, etc., 1489.
certification of, 1491.

discharge of drawer and indorser, 1492.
not an assignment of funds, 1493.
consideration, effect of absence or failure of, 1332.
consideration, presumption of valuable, 1328.
consideration, provisions requiring nature of to be stated, not affected, 1309
construction where language ambiguous, 1321.
corporation, effect of indorsement by, 1326.
date, considered as of time issued when not dated, 1521.

negotiability not affected by omission of, 1310.
presumption as to, 1315.
want of, not to affect, where payable at fixed period, 1317.

when may be inserted, 1317.
defective title, deemed when, 1359.

notice of infirmity, 1360.
definitions, 1304.
delivery, contract on instrument revocable till, 1340.
delivery, to be effectual, must be under authority of person making, etc., 1340.
demand, payable on, when, 1311.
discharged, when, 1423.

when persons secondarily liable, 1424.
dishonor, notice of, to be given, for whose benefit, etc., 1393.
notice when party dead, 1402.

in case of partner's, etc., 1403.
where party adjudged bankrupt, 1405.

when parties reside at same or different places, 1407.
dishonored by nonpayment, when, 1387.

NEGOTIABLE INSTRUMENTS—Continued.

drawer, liability of, 1365.
duties of notaries in connection with presentation, etc., 568.
embezzlement of note not delivered, 835.
exchange, provisions with reference to bill of, 1430–1487.

acceptance, etc., of, 1436.
acceptance for honor, etc., 1465.
bills in a set, 1482.

liability of acceptor, etc., 1484.
excuse for nonpresentment, 1452.

dishonor by reason of, 1453.

protest, 1456.
presentment to be made when, etc., 1447.

when bill of, lost or destroyed, effect of, 1464.
failure of consideration, effect of, 1332.
figures, discrepancy between sum stated, 1321.
forged signature to, effect of, 1327.
holder for value, who is, 1330.
holder, rights of, 1355.

in due course, who is, 1356.
notice of defect before full amount paid, 1358.
takes free from defenses when, 1361.

when not held in due course is same as nonnegotiable, 1362.
incomplete, when not delivered, not valid if negotiated without authority, 1318.
indorsement, how made, etc., 1335.

at place where instrument dated presumed, 1346.
by corporation or infant, effect of, 1326.
by representative, 1348.
irregular, when deemed to be, 1367.
joint payees not parties, 1345.
liability for signature in blank by stranger, 1368.
negotiation by qualified, etc., 1369.
of paper negotiable by delivery, effect, 1371.
order of indorser's liable, 1372.
restricted, qualified, etc., 1337.
striking out, effect of, 1352.
transfer without, 1353.

warrant of, to subsequent holders, 1370.
indorser, when presentment not necessary to charge, 1383.
infant, effect of indorsement by, 1326.
interest, from when to run when date not specified, 1321.
language, ambiguous, construction in case of, 1321.
language, what sufficient in instrument, 1314.
maker, liability of, 1364.
married woman not to contract as accommodation for, acceptor, etc., 1155.
memorandum of payment on, evidence, etc., 1271.
misspelling of payee's name, effect of, 1347.
money, validity not affected because particular kind designated, 1310.
negotiable, when, 1305.
negotiability to continue, 1351.
negotiation before maturity presumed, 1349.
negotiation by agent, effect of, 1373.

by delivery or qualified indorsement, 1369.
when deemed to have taken place, 1334.

NEGOTIABLE INSTRUMENTS—Continued.
nonpayment, dishonored by, when, 1387.

right of action on, 1388.
notaries public to make protest, 568.
notice of dishonor, to be given, for whose benefit, etc., 1393.

when party dead, 1402.
in case of partners, etc., 1403.
mailing of, 1409–1410.
of infirmity, when exists, 1360.
waiver of, 1413.
where party adjudged bankrupt, 1405.

when parties reside in same or different places, 1407–1408.
not negotiable, when containing promise in addition to promise of payment, 1309.
omissions, construction in case of, 1318.
order, instruments payable to, when, 1312.
overdue instruments, when accepted, payable on demand, etc., 1311.
parties, who are accommodation, 1333.
payable on demand, when, 1311.
payable to cashier, deemed payable to bank, etc., 1346.
payable, when and where, 1389.
payee's name misspelled, effect of, 1347.
payment, presentment for, where and when to be made, etc., 1374-1375.

when not required to charge drawer or indorser, 1383.

excuse for delay, 1385.
place, validity not affected because not specified, 1310.
postdating, not invalid because of, 1316.
presentation, instrument payable on, when, 1311.
presentment for payment, where and when to be made, etc., 1374-1375.

when not required to charge drawer or indorser, 1383.

excuse for delay, 1385.
presumption as to date, 1315.

as to place of making, 1350.
of negotiation before maturity, 1349.
of valuable consideration, 1328.

when transferee's title shown defective, 1363.
printed provisions, conflict with written, effect of, 1321.
promise in addition to promise of payment, 1309.
promise is unconditional, when, 1307.
promissory notes, what are, 1488.
protest of bill.of exchange, when, etc., 1456.
protest, waiver of, 1415.

by notary public, 568.
renouncing rights against party, 1426.
rights of assignee, when secured by deed of trust, etc., 524-526.
secured by mortgage, etc., mortgage to be surrendered on payment of, 527.
sight, instrument payable on, when, 1311.
signature by procuration, effect of, 1325.
signature, deemed to be as an indorser, when capacity not clear, 1321.
signature, effect of forged, 1327.
signature in blank by stranger, effect of, 1368.
signature may be made by agent, etc., 1323.
striking out of indorsement, effect of, 1352.
sum payable, what is, 1306.
time of payment, 1308.

NEGOTIABLE INSTRUMENTS—Continued.

title, deemed defective when, 1359.

notice of infirmity, 1360.
transfer without indorsing, 1353.

back to prior party, 1354.
transferee's title, presumption when shown defective, 1363.
valuable consideration presumed, 1328.
value, negotiability not affected by specifying, 1310.

what is, 1329.

who is holder for, 1330.
waiver of notice, etc., 1413.

of protest, etc., 1415.
who not liable on, 1322.
words expressing sum differing from figures, effect, 1321.

written provisions, conflict with printed, 1321.
NEGROES—

issue of marriage of, deemed legitimate, etc., 1297.
NEW PROMISE-

to be in writing in actions of debt, etc., 1271.
NEXT OF KIN-

distribution of estates to, 373–391.
NON COMPOS MENTIS (see Insane).
NON EST FACTUM,

plea of, to be verified, 1534.
NONRESIDENT-

.administration of estate of deceased, 259.
corporations may be proceeded against by publication, 112.
security to be given for costs in supreme court, etc., 175.

in suits before justice of the peace, 11.
substituting publication for personal service, 105.

when allowed, 106.
form of order, 107.
number of times to be published, etc., 108.
where defendant infant or non compos, 109.

assignment of attorney to represent such defendant, etc., 109.
NOTARY PUBLIC-

appointment, tenure, duties, etc., 558–573.

offense of false personation as, 859.
NOTES (see Negotiable instruments) —

provisions with reference to, 1304–1493.
NOTICE-
· agreement with tenant as to length of, under a lease not affected, 1238.

applications for letters of administration, 289.
appraisement of decedent's estate to be given, etc., 312.
creditors to receive, of assignments, etc., 443.

of time and place of distribution of decedent's estate, 345.

to file claims against decedent's estate, 350.
intention to hold a lien on property, etc., to be filed in clerk's office, 1238.

to owner, etc., 1241.
marshal to serve, of jurors' selection, 218.

NOTICE—Continued..
publication of, in case of probate of will, etc., 130

in case of nonresident corporations, 111.
in case of unknown heirs, 110.

to be substituted for personal service of process, etc., 105.
service of, in case of attachment, etc., 446.
taking of testimony, when not necessary, of nonresident attesting witnesses to

wills, 135.
time and place of taking depositions, etc., 1058.
to quit, when, 1219.

can not be recalled, 1222.
service of, 1223.

when not necessary on expiration of lease, 1218.
trial of issues as to wills, etc., 140.
NUMBER-

words importing s'igular and plural, page 3.
NUNCUPATIVE WILLS-

valid when, 1634.

OATH—

administrator to take, 274.
affirmation may be made in lieu of, —
clerk and deputy of police court may administer, 54.
clerk of court may administer, etc., 178.

fee for, etc., 178.
commissioner of deeds may administer, etc., 357.
evidence to be given under, 1056.
executor to take, etc., 262.
judges of police court may administer, etc., 49.
justices of the court of appeals to take, 223.
notaries public to take, 560.
president, etc., of corporations acting as trustee, executor, etc., 723.
referee may administer, etc., 400.

United States attorney may administer in criminal cases, etc., 184.
ODD FELLOWS-

not affected by law relative to fraternal beneficial associations, etc., 764.
OFFENSES (see Crimes and offenses).
OFFICE-

quo warranto proceedings for removal from, when, 1538.

removal of justice from, 40.
OPINIONS-
court of appeals to render, in writing, 229.

reports of, to be furnished, etc., 229.
ORDERS—

enforcement of, with reference to delivery of chattels, etc., 115.
interlocutory, may be enforced as upon final judgment, etc., 114.

probate court may enforce, etc., 129.
ORPHANS' COURT-

to be known as probate court, 116.

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