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PROMISSORY  NOTES, 


•RAFTS.  AND  CHEQUES 


f^rww. 


l^^l^^yi  Cy^i^^"^^^  0 


^TPromissory  iMotes, 

ftND  BILLS  OF  eXCHftNGe. 


WHAT    A    BUSINESS    MAN    SHOULD    KNOW 
REGARDING  THEM. 

—BY— 

J.   W.   JOHNSON,   F.  O.A., 


Author  of  "Johnson's  Joint  Stock   Company  Book-Keeping," 

Joint  Author  of  "The  Canadian  Accountant,"  Principal 

Ontario   Business  College,   Belleville,  and    First 

Vice-President     of    the    Institute    of 

Chartered    Accountants    of 

Ontario. 


PUBLISHED  BY  ONTARIO  BUSINESS  COLLEGE. 

BELLEVILLE,   Ont.,   Canada. 


REVISED     AND     ENLARGED. 


BELLEVILLE : 

Printed  for  Ontario  Business  College, 

iS93- 


PREFACE. 

In  the  Oniario  Business  College,  Belleville,  the  Author  has  for  the  last  seven- 
teen years  been  lecturing  upon  and  teaching  such  subjects  as  this  book  treats  of ; 
and  as  a  Practical  Accountant  and  Business  Man  has  been  for  twenty-seven  years 
in  daily  association  with  them.  The  book  was  primarily  prepared  for  the  Students 
of  the  College,  and  is  one  of  a  series  covering  the  whole  ground  of  Commercial 
Papers.  The  faithful  study  of  its  contents,  even  by  those  not  having  the  advantages 
of  the  lectures  and  blackboard  work  in  the  class  room,  and  the  practical  work  in 
the  College,  will  prove  helpful  in  doing  business. 

Before  being  printed  in  its  present  form,  the  matter  contained  in  the  first 
edition  was  published  in  the  September  and  October  numbers  of  the  Educational 
yournal,  Toronto,  iSSS. 

The  fifth  edition  has  been  prepared  since  the  passing  by  the  Dominion 
Parliament  of  an  Act  relating  to  Bills  of  Exchange,  Cheques  and  Promissory 
Notes,  cited  as  the  "  Bill  of  Exchange  Act,  1S90,''  and  the  necessary  changes 
and  additions  consequent  upon  the  jjassing  of  the  Act  have  been  made  in  this 
edition. 

J.    W.    JOHNSON. 

Ontario  Business  College.      ) 
Belleville,  1S93.  ) 

S^EntereJ  according  to  Act  of  the  Farliament  of  Canada, in  the  year  One  Thousand 
Eight  Hundred  and  Eighty-Eight,  by  J.  IV.  fohnson,  at  the  Department  0/  Agri- 
culture.] 


Introductory. 


It  is  desirable  that  a  business  man  should  have  some  knowledge 
of  the  principles  of  law,  particularly  in  its  application  to  commerce, 
and  more  especially  in  relation  to  Bills  and  Notes.  Ignorance  of  it 
can  never  be  successfully  urged  in  prosecuting  or  defending  an 
action. 

COMMON  LAW 

is  the  unwritten  law  that  has  come  to  us  by  tradition,  custom,  and 
the  decisions  of  the  courts,  based  on  well-known  general  usage,  and 
common-sense  principles  of  justice. 

STATUTE  LAW 

is  the  written  law,  or  Acts  of  Parliament,  made  from  time  to  time  by 
the  Legislatures,  and  its  enactments  wholly  over-rule  the  common 
law. 

l"he  History  of  Bills  of  Exchange  and  Promissory  Notes  shows 
how  the  usages  of  merchants,  bankers,  and  traders  became  the  com- 
mon law  in  regard  to  these  instruments.  When  disputes  arose  in 
connection  with  them,  the  courts  simply  required  that  the  general 
usage  among  merchants  and  bankers  should  be  proved,  and  this 
being  judicially  ascertained,  it  received  the  sanction  of  legal  decision, 
and  consequently  became  incorporated  into  the  common  law.  These 
legal  decisions,  again,  as  precedents  became  the  basis  of  other  de- 
cisions.    This  law-making  power  of  merchants  is  known  as  the 

Law-merchant  (Lex  mercatoria) 

which  the  courts  of  justice  are  bound  to  know  and  recognize.  The 
controlling  effect   of  the   Law-merchant    is   well    illustrated  in    the 


transfer  of  Notes  and  Bills  from  one  person  to  another.  By  the  rule 
of  the  ancient  common  law,  no  property  that  was  not  actually  in 
possession  (or  that  could  be  reduced  into  possession)  could  be  trans- 
ferred. Bills  and  Notes  only  express  the  legal  right  to  possession  of 
money  in  the  future.  But  merchants  had  established  the  custom  of 
transferring  Bills  of  Exchange  by  delivering  from  hand  to  hand,  or 
by  writing  a  name  on  the  Bill,  which  not  only  transferred  the  right 
of  action,  but  created  an  unwritten  conditional  contract  of  guarantee  to 
any  one  who  might  be  the  lawful  holder.  Not  only  did  the  Law- 
merchant  thus  overcome  the  general  principles  of  the  common  law, 
but  to  some  extent  the  Statute  of  Frauds  (explained  further  on)  was 
surmounted. 

Another  illustration  of  the  Law-merchant  is  seen  in  the  exemption 
of  Bills  and  Notes  from  the  ordinary  rules  that  apply  to  contracts  and 
the  law  of  evidence. 

Contracts. 

Promissory  Notes  and  Bills  of  Exchange  are  the  commonest  forms 
of  contracts.  They  enter  more  than  any  other  into  the  daily  com- 
mercial life  of  the  people  of  any  civilized  country  and  into  the  trans- 
actions between  the  various  nations  of  the  world. 

When  men  enter  into  other  forms  of  contracts — such  as  those 
represented  by  deeds,  mortgages,  bonds,  etc. — they  usually,  and  in- 
deed of  necessity,  resort  to  a  trained  solicitor  for  direction  and  guid- 
ance, but  in  giving  and  receiving  notes  and  bills,  the  individuals  con- 
cerned should  be  able,  without  recourse  to  a  lawyer,  or  even  to  a 
banker,  to  deal  intelligently  and  safely  with  them,  under  all  ordinary 
circumstances. 

This  work  in  its  earlier  editions  has  imparted  practical  knowledge 
of  Bills  and  Notes  to  hundreds  of  students  and  business  men,  and  to 
other  classes  of  the  community  that  have  to  deal  with  them;  written, 
as  it  is,  by  a  practical  business  man,  and  having  as  its  basis  practical 
experience  and  observation,  and  not  mere  theory  or  technicality. 


5 

"While  it  is  desirable,  as  has  been  said  before,  that  a  reliable  solici- 
tor should  be  a  person's  guide  in  making  other  contracts  than  Bills 
and  Notes,  yet  there  are  certain  fundamental  principles  relating  to 
contracts  in  general  that  should  be  universally  known. 

There  are  Two  Kinds  of  Contracts. 

Contracts  are  divided  into  two  classes,  which  are  known  as  Simple 
contracts  and  Specialty  contracts.  Simple  contracts  may  be  made  either 
by  word  of  mouth  or  in  writing.  Specialty  contracts  must  not  only 
be  in  writing,  but  must  likewise  be  under  seal. 

A  consideration,  that  is  to  say,  an  equivalent  offered  by  the  one 
party  and  accepted  by  the  other,  is  essential  in  every  contract  not 
under  seal.  When  sueing  upon  a  simple  contract  the  consideration 
must  in  general  be  proved,  but  this  would  not  be  necessary  when  en- 
forcing a  specialty  contract. 

The  Statute  of  Frauds. 

There  are  some  simple  contracts  which  the  law  requires  to  be  in 
writing.  The  Statute  of  Frauds^  pissed  in  the  reign  of  Charles  II. 
(1676)  which  is  still  in  force  in  Canada  (as  all  English  common  law, 
and  all  applicable  statute  law,  prior  to  1791,  is.  unless  it  has  been  set 
aside  by  Canadian  legislation),  requires  that  a  verbal  promise  shall 
not  be  sufficient  in  certain  cases,  but  that  the  agreement  or 
some  memorandum  of  it  shall  be  in  writing,  and  be  signed  by  the 
party  to  be  charged  therewith,  or  by  some  one  authorized  to  sign  for 
him.     The  principal  cases  are: 

I.  Where  a  man  promises  to  pay  the  debt  of  another  person,  or 
answer  for  his  default.  For  example,  a  man  steps  into  your  store 
and  says,  "  I  will  be  responsible  for  goods  you  may  sell  John  Smith  to 
the  amount  of  $50.00."  If,  in  your  ignorance  of  the  law,  you  did 
not  cause  the  guarantor  to  put  the  agreement  in  writing,  even  though 
you  could  bring  a  dozen  people  to  swear  to  the  verbal  statement,  you 
would  have  no  legal  hold  upon  him,  nothing  beyond  the  moral 
claim,  and  that  might  not  be  of  any  value. 


2.  To  enforce  the  sale  or  purchase  of  goods  to  the  value  of  over 
$40.00,  the  contract  must  be  in  writing,  unless  there  has  been  a  part 
of  the  purchase  money  paid  upon  it,  (otten  called  earnest  money'i  be 
it  ever  so  small,  or  a  partial  delivery  and  acceptance  of  the  goods, 
even  the  smallest  portion  of  them. 

3.  Where  an  executor  or  administrator  promises  to  be  liable  out  of 
his  own  estate. 

4.  When  an  agreement  is  made  which  is  not  to  be  performed  within 
a  year.  For  instance,  if  you  engaged  with  a  man  to  serve  him  as  a 
book-keeper  for  two  years,  the  agreement  would  not  be  binding,  un- 
less it  was  made  in  writing. 

All  contracts  affecting  land  or  any  interest  in  land,  such  as  a  con- 
tract to  purchase,  must  be  in  writing  ;  but  instruments  that  are  in- 
tended to  pass  an  estate  in  land,  such  as  deeds  and  mortgages,  must 
be  not  only  in  writing,  but  under  seal.  A  lease  for  any  term  not 
more  than  three  years  may  be  made  verbally,  but  for  a  term  beyond 
three  years  it  must  be  in  writing  and  under  seal. 

What  Constitutes  a  Seal. 

A  seal  in  this  case  means  any  adhesive  thmg,  or  distinctive  mark, 
that  you  may  adopt  as  your  seal,  and  attach  to  the  instrument. 

Who  are  Competent  to  Make  a  Contract. 

Any  person  of  either  sex  who  is  twenty-one  years  old,  and  of  sound 
mind,  is  competent  to  make  a  contract.  A  person  who  is  under  the 
age  of  twenty-one  years  is,  in  the  eyes  of  the  law,  an  infant,  and  in- 
capable of  making  a  contract.  Many  persons  are  under  the  impres- 
sion that  a  woman  is  of  age  at  eighteen.     This  is  a  mistake. 

A  mmor  (a  person  under  age)  could  not  engage  in  business  on  his 
or  her  own  account,  but  it  would  be  competent  for  a  minor  to  con- 
tract for  necessaries  suitable  for  his  or  her  station  in  life. 

A  contract  with  a  corporation  (say  a  joint  stock  company  or  muni- 
cipality) must  be  within  the  scope  of  its  charter,  and  to  be  binding 
must    have  the   corporation  seal  attached.*    This  would  not  be  re- 


quired  in  connection  with  promissory  notes  and  bills  of  exchange, 
.issued  or  drawn,  indorsed  or  accepted   in  the  ordinary  course  of  its 
business. 

An  agent  may  contract  for  his  principal  within  the  scope  of  his 
authority,  which  is  usually  conferred  by  an  instrument  under  seal, 
called  a  Power  of  Attorney. 

A  valid  and  binding  contract  may  be  made  by  correspondence  or 
telegram.  All  that  is  required  is  an  offer  and  an  unconditional  ac- 
ceptance of  it.  Letters  sent  by  you  that  are  intended  to  constitute  a 
contract,  should  be  copied  into  your  copying  press  book,  and  those 
you  receive  in  such  connetion  should  be  carefully  filed  for  reference. 

When  Contracts  are  Outlawed. 

Simple  contracts  for  debts  not  referring  to  land  are  outlawed  after  six 
years  from  the  date  of  maturity,  or  from  the  date  of  the  last  payment 
on  account,  or  from  the  last  written  acknowledgment;  contracts  affect- 
ing land  ten  years,  and  personal  covenants  under  seal,  twenty  years. 
For  instance,  (i)  a  note  made  April  5th  1893,  at  three  months,  would 
be  outlawed  after  July  8th,  1899,  if,  in  the  meantime,  no  payment  had 
been  made  upon  it,  or  no  written  acknowledgment  had  been  given  in 
reference  to  it.  (2)  The  land  secured  by  a  mortgage  upon  which  no 
payment  had  been  made  for  10  years,  or  regarding  which  no  written 
acknowledgment  had  been  given  within  that  time,  would  be  released 
at  the  expiration  of  that  period.  (3)  The  personal  covenants  for 
payment  on  the  same  mortgage  would  not  be  outlawed  for  twenty 
years, 

Canadian  Legislation, 

In  the  year  1890  the  Parliament  of  Canada  enacted  a  Statute 
known  as  the  "Bills  of  Exchange  Act,  i8go,"  by  which  previous  legis- 
lation and  decisions  respecting  Promissory  Notes,  Bills  of  Exchange 
and  Cheques  have  been  codified. 


PROMISSORY   NOTES   AND  BILLS 
OF    EXCHANGE. 

Promissory  Notes. 

A  person  has  become  indebted  to  you  either  for  goods  sold  or 
work  done,  and  you  have  duly  placed  the  amount  to  his  debit  in  your 
ledger;  but  you  find  that  it  will  be  much  more  advantageous  to  you 
to  have  this  resource  or  asset  of  your  business  in  another  form,  so 
you  obtain  from  your  debtor  his  promissory  note,  or  get  him  to  accept 
your  draft.  Should  you  desire  that  the  amount  owing  to  you  be  paid 
to  some  one  to  whom  you  are  indebted,  then  5fou  will  draw  the  draft 
payable  to  his  order.  Your  object  in  obtaining  the  written  obliga- 
tion is  three-fold: — 

1st.  It  is  in  itself  an  evidence  of  the  debt,  requiring  no  confirma- 
tion (unless  the  signature  be  challenged)  nor  proof  of  the  considera- 
tion given  for  it,  nor  the  production  of  the  original  entry. 

2nd.  It  fixes  a  definite  time,  and  usually  a  stated  place,  for  the  pay- 
ment, so  that  the  holder,  when  it  falls  due,  will  not  have  the  trouble 
of  hunting  up  the  maker,  nor  the  maker  of  finding  the  holder.  The 
former  havmg  provided  the  funds  at  the  place  where  he  promised  to 
pay  it,  the  holder  has  simjjly  to  present  it  there  and  obtain  the 
amount,  a  matter  of  much  convenience  to  both  parties. 

3rd.  It  is  an  instrument  upon  which,  after  indorsing  it,  you  may 
borrow  money  from  a  bank  or  private  lender  This  is  called  dis- 
counting. In  other  words,  by  the  medium  of  the  bill  or  note  as 
security,  you  obtain  the  use  of  other  people's  capital,  paying  for  the 
loan  a  discount  from  the  face  of  the  instrument,  which  is  the  simple 
interest,  in  advance,  upon  the  whole  amount  for  the  time  it  has  to 
run. 


9 
Definition  of  a  Promissory  Note. 

A  promissory  note  is  an  unconditional  promise  in  writing  made  by 
one  person  to  another,  signed  by  the  tnaker,  engaging  to  pay  on  demand 
or  at  a  fixed  or  determinable  future  ti}ne,  a  sum  certain  in  money ^  to,  or 
to  the  order  of,  a  specified  person,  or  to  bearer. 

A  determinable  future  time  means  in  connection  with  a  note  or 
draft: — 

(a)  At  sif^ht,  or  at  a  fixed  period  after  date  or  sight. 

(b)  On  or  at  a  fixed  period  after  the  occurrence  of  a  specified  event 
which  is  certain  to  happen,  though  the  time  of  happening  may  be 
uncertain. 

An  instrument  expressed  to  be  payable  on  a  contingency  is  not 
a  bill  or  note,  and  the  happening  of  the  event  does  not  cure  the 
defect. 

If  a  note  or  draft  is  issued  undated,  any  holder  may  insert  therem 
the  date  of  issue  or  acceptance. 

A  promissory  note  is  inchoate  and  incomplete  until  delivery  there- 
of to  the  payee  or  bearer. 

Parties  to  a  Note. 

The  person  who  gives  a  note  is  called  the  drawer,  promissor,  or 
maker ;  the  person  in  whose  favor  it  is  drawn  is  called  the  payee  ; 
if  he  signs  his  name  upon  the  back  for  the  purpose  of  transferring  or 
guaranteeing  it,  he  becomes  the  indorser,  and  if  he  names  the  person 
to  whom  he  transfers  it  the  latter  is  called  the  indorsee;  either  of 
these,  or  anyone  in  possession  of  a  note,  may  be  called  the  holder. 

Forms  of  Notes. 

Notes  may  be  made  (r)  non-negotiable,  (2)  negotiable  by  indorse- 
ment (3)  negotiable  without  indorsement.  The  first  is  made  payable 
to  the  individual  only,  and  can  only  be  transferred  by  assignment, 
which  carries  with  it  all  offsets  and  legal  defences  that  may  exist  be- 
tween the  original  parties;  the  second  is  payable  to  order,  and  is 


10 

transferred  by  the  indorsement  of  the  holder  completed  by  delivery, 
which  makes  the  indorser  liable  for  payment  in  the  event  of  the 
maker  failing  to  pay;  the  third  is  payable  to  bearer,  and  is  transferred 
by  delivery,  just  as  a  bank  note  is  passed  from  hand  to  hand.  Where, 
in  a  note  payable  to  order,  the  payee  or  indorsee  is  wrongly  desig- 
nated, or  his  name  is  mis-spelt,  he  may  indorse  the  bill  as  therein 
described,  adding,  if  he  thinks  fit,  his  proper  signature.  A  note  may 
be  transferred  either  before  or  after  it  is  due.  When  taken  before 
maturity  the  assignee  is  not  affected  \>y  any  circumstances,  of  which 
he  had  no  notice,  existing  between  the  antecedent  parties  to  the  note. 
When  received  after  maturity,  the  assignee  takes  the  note  subject  to 
all  the  equitable  rights  existing  between  the  parties. 

A  Non-Negotiable  Note. 

$100.00  ■  Belleville,  October  26,  1893. 

Three  months  after  date  I  promise  to  pay  to  William  McCabe,  only, 
at  the  Bank  o(  Montreal  here,  the  sum  of  One  Hundred  Dollars,  for 
value  received.  John  Smith. 

A  Note  Negotiable  by  Indorsement. 
$387.80  Toronto,  October  26,  1893. 

Five   months  after  date  I    promise  to  pay  to   the  order  of  E.  A. 

Wills  the  sum  of  Three  Hundred  and  Eighty-Seven  --  Dollars,  at  the 

100 

Canadian  Bank  of  Commerce  in  Toronto,  for  value  received. 

John  Smith, 

A  Note  Negotiable  without  Indorsement. 
$50.00  Hamilton,  October  26,  1893. 

Thirty  days  after  date  I  promise  to  pay  William  Green  or  bearer, 
at  my  office  in  Hamilton,  the  sum  of  Fifty  Dollars  for  value  received. 

John  Smith. 


11 
A  Note  Payable  on  Demand. 

$35.00  Montreal,  Oct.  26,  1893. 

On  demand  for  value  received,  I  promise  to  pay  to  the  order  of  W. 

B.  Robinson,  tlie  sum  of  Thirty-Five  Dollars. 

John  Smith. 

Where  a  note  payable  on  demand  has  been  indorsed,  it  must  be 
presented  for  payment  within  a  reasonable  time  of  the  indorsement : 
if  it  be  not  so  presented,  the  indorser  is  discharged. 

In  determining  what  is  a  reasonable  time,  regard  shall  be  had  to 
the  nature  of  the  instrument,  the  usage  of  trade,  and  the  facts  of  the 
particular  case. 

A  Joint  and  Several  Note. 

$75.00  Belleville,  October  26,  1B93. 

Six  months  after  date  we  jointly  and  severally  promise  to  pay  to 

the  order  of  S.   G.  Beatty  the  sum   of  Seventy-Five  Dollars,   at  the 

office  of  the  Dominion  Bank  in  Belleville,  for  value  received. 

Henry  Brown, 
John  Smith, 
James  G.  Leonard. 

Where  a  note  runs  "  I  promise  to  pay,"  and  is  signed  by  two  or 
more  persons,  it  is  deemed  to  be  their  joint  and  several  note. 

The  holder  of  a  joint  and  several  note  has  recourse  against  all  the 

makers,  individually  and  collectively.     Protest   is  not  necessary  on 

dishonor,  if  there  be  no  indorser  on  it.     Should  the  holder  be  obliged 

to  sue,  and  recover  the  amount  from  one  of  the   parties,  that  party 

would  have  recourse  against  the  others  for  their  proportions.     The 

order  in  which  the  names  appear  makes  no  difference  in  the  liability; 

the  position  of  joint  and  several  makers  being  altogether  different 

from  that  of  indorsers. 

A  Joint  Note 

reads,  "  we  jointly"  instead  of  "we  jointly  and  severally."'  When 
suing  upon  a  joint  note  you  have  to  make  all  the  makers  parties 
to  the  action.  The  joint  and  several  is  the  better  form  for  the 
holder,  because  any  maker  can  be  sued  individually. 


12 

The  Rights  of  a  Third  Party  in  a  Negotiable  Note. 

No  arrangement  between  the  maker  and  payee  of  a  negotiable 
note  can  affect  the  right  of  a  third  party  to  collect  who  acquired  the 
instrument  in  due  course,  that  is  to  say,  in  good  faith,  before  matur- 
ity, for  valuable  consideration. 

The  Rights  of  an  Assignee  of  a  Non- Negotiable  Note. 

In  transferring  by  assignment  a  non-negotiable  note,  (the  form  is  : 
"  I  hereby  assign  all  my  right,  title  and  interest  in  the  within  note  to 
"  and  the  signature  of  the  assignor)  the  assignor  cannot  trans- 
fer to  the  assignee  more  than  he  himself  possesses, — for  example, 
Henry  Ellis  gave  John  Wilson  a  non-negotiable  note  for  $300.  Wil- 
son assigned  it  to  Alex.  Thomson.  After  it  was  given,  and  before  it 
was  assigned,  Wilson  became  indebted  to  Ellis  in  the  sum  of  $100, 
and  this  amount  Ellis  has  the  right  to  set  off  against  the  note  when 
the  assignee,  Thomson,  presents  it  for  payment.  Had  it  been  a 
transfer  of  a  negotiable  instrument,  payable  to  bearer  or  order,  the 
maker  would  have  been  bound  to  pay  the  third  party  the  full  amount, 
irrespective  of  the  debt  which  the  payee  owed  him.  This  example 
illustrates  the  difference  between  a  negotiable  and  a  non-negotiable 
note. 

An  Accommodation  Note 

is  one  on  which  a  person  lends  his  name  as  an  indorser  to  enable  the 
maker  to  borrow  money  upon  it.  It  flatters  some  men's  vanity  to  be 
told  that  such  and  such  a  bank  would  discount  a  note  if  they  would 
put  their  name  on  the  back  of  it,  and  in  a  moment  of  weakness  they 
assume  a  liability  tor  another  which,  very  often,  they  can  only  be 
freed  from  by  paying.  To  indorse  and  borrow  money  upon  a  note 
that  one  holds  against  a  debtor  is  a  totally  different  matter,  and  is 
assuming  no  risk  beyond  what  was  incurred  when  the  debt  was  con- 
tracted. 

Form  of  an  Accommodation  Note. 

William  E.  Brown  has  obtained  John  Smith's  consent  to  indorse 
a  note  on   which  he  (Brown)  proposes  to  borrow  money,  or  intends 


13 

to  give  to  a  creditor  who  is  pressing  him   for  security   for  a  debt. 

Such  a  note  is  not  drawn  to  the  order  of  the  lender  or  creditor,  but  to 

that  of  the  indorser,  that  he  may  be  held  as  first  security  after  the 

maker. 

Belleville,  October  26,  1893. 
$150.00 

Three  months  after  date  I   promise  to  pay  to  the  order  of  John 

Smith,  at  the  Canadian  Bank  of  Commerce  here,  the  sum  of  One 

Hundred  and  Fifty  Dollars,  for  value  received. 

William  E.  Brown. 

To  be  indorsed  on  back 
John  Smith. 

A  Lost  Note. 

Where  a  note  has  been  lost  before  it  is  overdue,  the  person  who 
was  holder  of  it  may  apply  to  the  drawer  to  give  him  another  one  of  the 
same  tenor,  giving  security  to  the  drawer,  if  required,  to  indemnify  him 
against  all  persons  whatever,  in  case  the  bill  alleged  to  have  been  lost 
shall  be  found  again.  If  the  drawer,  on  request  as  aforesaid,  refuses 
to  give  such  duplicate  note,  he  may  be  compelled  to  do  so.  In  any 
action  or  proceeding  upon  a  bill,  the  court  or  a  judge  may  order  that 
the  loss  of  the  instrument  shall  not  be  set  u{),  provided  an  indemnity 
be  given  to  the  satisfaction  of  the  court  or  judge  against  the  claims  of 
any  other  person  upon  the  instrument  in  question. 

Discrepancy  Between  Words  and  Figures. 

Where  the  sum  payable  is  expressed  in  words  and  also  in  figures, 
and  there  is  a  discrepancy  between  the  two,  the  sum  denoted  by  the 
words  is  the  amount  payable. 

Not  Invalidated. 

A  note  is  not  invalid  by  reason  only  that  it  is  ante-dated  or  post- 
dated, or  that  it  bears  date  on  a  Sunday.  That  is  to  say,  a  note  need 
not  necessarily  be  dated  the  day  it  was  made  ;  it  can  be  dated  back 
or  dated  forward.  In  dating  back  or  dating  forward,  the  instrument 
might  inadvertently  be  dated  on  a  Sunday.    While  such  a  note  would 


u 

not  be  void,  it    is  well  to  keep  in  mind  that  a  note  actually  made  on 
a  Sunday  would  be  void. 

A  Holder  in  Die  Course. 

A  holder  in  due  course  is  a  holder  who  has  taken  a  note  or  bill, 
complete  and  regular  on  the  face  of  it,  under  the  following  condi- 
tions, namely  : — 

(a)  That  he  became  the  holder  of  it  before  it  was  overdue,  and 
without  notice  that  it  had  been  previously  dishonored,  if  such  was 
the  fact ; 

(^)  That  he  took  the  instrument  in  good  faith  and  for  value,  and 
that  at  the  time  it  was  negotiated  to  him  he  had  no  notice  of  any  de- 
fect in  the  title  of  the  person  who  negotiated  it. 

The  title  of  a  person  who  negotiates  an  instrument  is  defective 
when  he  obtained  the  note  or  bill,  or  the  acceptance  thereof,  by  fraud, 
duress  or  force  and  fear,  or  other  unlawful  means,  or  for  an  illegal 
consideration,  or  when  he  negotiates  it  in  breach  of  faith,  or  under 
such  circumstances  as  amount  to  fraud. 

A  holder,  whether  for  value  or  not,  who  derives  his  title  to  a  bill  or 
note  through  a  holder  in  due  course,  and  who  is  not  himself  a  party 
to  any  fraud  or  illegality  affecting  it,  has  all  the  rights  of  that  holder 
in  due  course  as  regards  the  acceptor  and  all  parties  to  the  bill  or 
note  prior  to  that  holder. 

Note  Given  for  a  Patent  Right. 

Every  bill  or  note,  the  consideration  of  which  consists,  in  whole  or 
in  part,  of  the  purchase  money  of  a  patent  right  or  of  a  partial  inter- 
est, limited  geographically  or  otherwise,  in  a  patent  right,  shall  have 
written  or  printed  prominently  and  legibly  across  the  face  thereof, 
before  the  same  is  issued,  the  words  "given  for  a  patent  right ;"  and 
without  such  words  thereon  such  instrument  and  any  renewal  thereof 
shall  be  void,  except  in  the  hands  of  a  holder  in  due  course  without 
notice  of  such  consideration. 


15 

The  indorsee  or  other  transferee  of  any  such  instrument,  having 
the  words  aforesaid  so  printed  or  written  thereon,  shall  take  the  same 
subject  to  any  defence  or  set-off"  in  respect  of  the  whole  or  any  part 
thereof  which  would  have  existed  between  the  original  parties. 

Every  one  who  issues,  sells  or  transfers,  by  indorsement  or  deliv- 
ery, any  such  instrument  not  having  the  words  "given  for  a  patent 
right"  printed  or  written  in  manner  aforesaid  across  the  face  thereof, 
knowing  the  consideration  of  such  instrument  to  have  consisted,  in 
whole  or  in  part,  of  the  purchase  money  of  a  patent  right,  or  of  a  par- 
tial interest,  limited  geographically  or  otherwise,  in  a  patent  right,  is 
guilty  of  a  misdemeanor,  and  liable  to  imprisonment  or  fine. 

Altering  a  Note. 

Where  a  note,  bill  or  acceptance  is  m.aterially  altered  without  the 
assent  of  all  parties  liable,  it  is  voided,  except  as  against  a  party  who 
has  himself  made,  authorized  or  assented  to  the  alteration,  and  sub- 
sequent indorsers. 

Provided,  that  where  a  bill  has  been  materially  altered,  but  the 
alteration  is  not  apparent,  and  the  bill  is  in  the  hands  of  a  holder  in 
due  course,  such  holder  may  avail  himself  of  the  bill  as  if  it  had  not 
been  altered,  and  may  enforce  payment  of  it  according  to  its  original 
tenor. 

The  following  alterations  are  material,  namely,  any  alteration  of 
the  date,  the  sum  payable,  the  time  of  payment,  the  place  of  payment' 
and  where  a  bill  or  note  has  been  accepted  or  made  payable  gen- 
erally, the  addition  of  a  place  of  payment  without  the  acceptor's  r.r 
maker's  assent. 

Legal  Rate  of  Interest. 

The  rate  ot  interest  that  can  be  legally  collected  upon  an  overdue 
note,  or  any  debt,  on  which  the  rale  is  not  fixed  by  agreement,  is  six 
percent  per  annum.  It  is  important,  when  drawing  a  note,  that  is  to 
bear  a  higher  rate  than  six  percent.,  that  the  words  "As  well  .\fter 
AS  BEFORE  MATURITY  UNTIL  PAID"  be  inserted.    If  these  words  or  words 


16 

to  the  s.ime  effect,  are    not  inserted,  the   note  would  bear  interest 
at  the  higher  rate  till  maturity,  but  after  that  only  at  the  legal  rate. 

There  is  no  usury  law  in  this  country,  nor  is  it  desirable  that  there 
should  be.  Money,  like  any  other  commodity,  will  bring  for  its  use 
to  the  owner  usually  just  what  it  is  worth,  considering  the  risk  run 
and  the  demand  and  the  supply.  If  a  lender  is  content  with  a  fair 
rate  of  interest  he  can  readilly  find  borrowers  with  good  security  to 
ofifer,  and  the  grasping  man  can  find  customers,  too,  who  will  pro- 
mise a-  high  rate  of  interest,  but  offer  poor  security  for  the  fulfil- 
ment. 

Days  of  Grace. 

The  custom  among  merchants  has  established  the  practice,  which 
is  recognized  in  law,  of  allowing  three  days  of  grace  upon  all  promis- 
sory notes,  drafts,  and  bills  of  exchange  not  payable  on  demand.  No 
time  bill  is  legally  due  until  the  days  of  grace  have  expired.  In  pre- 
paring to  meet  your  own  paper,  or  in  presenting  for  payment  that  ot 
your  customers,,  bear  this  fact  in  mind,  and  be  careful  when  entering 
the  due  dates  in  your  bill  book  to  add  the  three  days  of  grace.  To 
illustrate:  A  note  given  at  three  months  from  October  26th  would 
not  fall  due  till  January  29th.  A  note  given  at  ninety  days  from  Oc- 
tober 26th  would  not  fall  due  till  January  27lh. 

Power  of  Attorney. 

It  is  customary  for  firms  to  grant  to  their  managing  accountants  the 
power  to  draw  bills,  sign  notes,  accept  drafts,  draw  cheques,  and  gen- 
erally transact  their  financial  business.  This  authority  is  conveyed 
and  exercised  under  a  document  called  a  Power  of  Attorney.  It  may 
be  special  or  general — special  in  confining  the  exercise  of  it  to  a 
limited  number  of  acts  ;  general  by  the  conveyance  of  the  authority 
to  act  for  the  firm  in  carrying  on  its  ordinary  financial  operations. 
The  usual  way  for  a  person  who  is  acting  under  a  power  of  attorney 
to  sign  business   papers  is,  to  sign  the  firm  name,  and  place  his  own 


17 

underneath,  with  the  words  "per  pro"   or  letters  "p.  p."  before  it, 

thus  : 

J.  C.  Morgan  &  Co., 

per  pro  J.  W.  Johnson. 

The  abbreviations  stand  for  the  phrase  "  by  procuration." 

A  signature  by  procuration  operates  as  notice  that  the  agent  has 
but  a  limited  authority  to  sign,  and  the  principal  is  only  bound  by 
such  signature  if  the  agent  in  so  signing  was  acting  within  the  actual 
limits  of  his  authority. 

Where  a  person  signs  a  note  or  bill  as  drawer,  indorser,  or  acceptor, 
and  adds  words  to  his  signature,  indicatmg  that  he  signs  for  or  on 
behalf  of  a  principal,  or  in  a  representative  character,  he  is  not  per- 
sonally liable  thereon  ;  but  the  mere  addition  to  his  signature  of  words 
describing  him  as  an  agent,  or  as  filling  a  representative  character, 
does  not  exempt  him  from  personal  liability. 

When  a  Note  Becomes  Outlawed. 
A  bill  or  note  becomes  outlawed  six  years  after  the  date  of  matur- 
ity, or  after  the  date  of  the  last  payment  on  account,  or  after  the  last 
written  acknowledgment.  That  is,  the  holder  of  such  a  note  cannot 
recover  upon  it  if  the  maker,  on  being  sued,  sets  up  in  defence  the 
Statute  of  Limitations,  which  was  passed  in  the  twenty-first  year  of 
the  reign  of  King  James  I.,  to  limit  the  time  allowed  to  parties  to 
commence  their  suits,  so  as  to  shorten  litigation.  In  all  civilized  coun- 
tries some  period  is  prescribed  by  statute  with  this  view.  An  instru- 
ment approaching  the  legal,  though  not  the  moral,  end  of  its  existence 
may  be  brought  back  to  infancy  and  have  its  life  renewed,  by  the 
holder  obtaining  say,  in  answer  to  a  letter,  an  acknowledgment  in  writ- 
ing of  the  debt  from  the  maker  of  the  note. 

Indorsements. 

The  act  of  writing  the  name  upon  the  back  of  an  instrument  is 
called  indorsing,  which  has  two  effects;  it  makes  the  indorser  respon- 
sible for  payment  in  the  event  of  the  maker  failing  to  pay  at  maturity, 
and  it  makes  an  instrument  that   is  payable  to  order,  transferable. 


18 

The  forms  of  indorsement  commonly  in  use  are  (taking  a  note  pay- 
able to  the  order  of  John  Jones  as  an  example) : — 

Indorsement  in  Blank,  Specifying  no  Indorsee,  as 

John  Jones, 
which  has  the  effect  just  described.  When  a  note  or  bill  has  been 
indorsed  in  blank,  any  holder  may  convert  the  bhnk  indorsement 
into  a  special  indorsement,  by  writing  above  the  indorser's  signature  a 
direction  to  pay  the  bill  or  note  to,  or  to  the  order  of,  himself  or  some 
other  person. 

Indorsement  in  full  or  Special  Indorsement  Specifying 

the  Indorsee  to  Whose  Order  it  is  to  be  Payable,  as 

Pay  to  the  order  of  William  Black 

John  Jones, 

which  makes  the  indorser  responsible  and  the  instrument  negotiable 

only  after  it  has  been  indorsed  by  the  indorsee,  William  Black. 

Qualified  Indorsement. 

Without  recourse  to  me, 
John  Jones, 
which  relieves  the  indorser  of  responsibility,  and  simply  makes  the 
instrument  transferable. 

Restrictive  Indorsement. 

Pay  to  Richard  Brown  only 

John  Jones, 

which  makes  the  indorser  responsible,  but  confines  the  payment   to 

the  indorsee. 

Other  forms  of  qualifying  indorsement  are  used,  such  as  that 
placed  on  cheques  payable  to  order  sent  by  a  clerk  to  the  bank  to  be 
deposited  to  the  firm's  credit  : 

For  deposit  only. 
John  Beatty  &  Co. 
The  qualifying  words  render  it  impossible  for  the  person  making 
the  deposit  to  draw  the  money. 

Indorsements  are  often  made  to  serve  as  receipts,  as,  for  example, 
I  draw  a  cheque  payable  to  S.  Jones,  or  order,  instead  of  to  S.  Jones  or 


19 

bearer,  because,  if  drawn  to  order,  Jones  must  sign  his  name  on  the 
back  before  he  can  receive  payment.  On  paying  and  receiving  back 
a  note  payable  to  order  that  has  not  been  transferred,  and  conse- 
quently not  indorsed,  you  should  have  the  payee  indicate  that  he  had 
held  it,  or  you  could  prove  nothing  by  it.  Have  him  indorse  it  and 
immediately  cancel  the  indorsation.  Notes  that  have  been  retired 
should  be  cancelled  and  filed  away  like  receipts. 

The  Order  of  Indorser's  Liability. 

The  holder  of  a  note  upon  which  there  is  an  indorser  or  several 
indorsers  has  equal  recourse  against  any  of  them  (provided  they  have 
been  duly  notified  of  non-payment)  and  the  maker  at  maturity.  If  he 
should  be  obliged  to  sue  and  should  recover  from  the  maker,  that 
would  discharge  all  the  indorsers  ;  should  he  recover  from  the  first 
indorser,  that  man  would  have  recourse  against  the  maker,  but  not 
against  subsequent  indorsers  ;  should  he  recover  from  the  second  in- 
dorser, that  indorser  would  have  recourse  against  all  that  preceded 
him,  namely  the  first  indorser  and  the  maker.  If  you  should  have  to 
become  an  indorser  on  a  note  along  with  other  indorsers,  you  will  see 
the  importance  of  placing  your  name  last. 

Guarantee. 
You  may  guarantee  the  payment  of  a  note  as  follow;:     "  I  hereby 
guarantee  the  payment  of  the  within   note,"  and  sign   your  name 
Your  liability  is  beyond  that  of  an  indorser,  and  you  would  not  be  re- 
lieved for  want  of  presentation,  nor  for  want  of  notice  of  dishonor. 

Where  to  Present  a  Note  for  Payment. 

1.  Where  a  promissory  note  is  in  the  body  of  it  made  payable  at  a 
particular  place,  it  must  be  presented  for  payment  at  that  place.  But 
the  maker  is  not  discharged  by  the  omission  to  present  the  note  for 
payment  on  the  day  that  it  mature-.  If  no  place  of  payment  is  speci- 
fied in  the  body  of  the  note,  presentment  for  payment  is  not  necessary 
in  order  to  render  t!ie  maker  liable. 

2.  Presentment  for  payment  is  necessary  in  order  to  render  the  in- 
dorser of  a  note  liable  ; 


20 

3-  Where  a  note  is  in  the  body  of  it  made  payable  at  a  particular 
place,  presentment  at  that  place  is  necessary  in  order  to  render  an 
indorser  liable:  but  when  a  ])lace  of  payment  is  indicated  by  way  of 
memorandum  only,  presentment  at  that  place  is  sufficient  to  render 
the  indorser  liable,  but  a  presentment  to  the  maker  elsewhere,  if  suffi- 
cient in  other  respects,  shall  also  suffice. 

The  Proceeding's  to  be  taken  on  the  Non-payment  of 
a  Note  Having  an  Indorser. 

It  is  of  the  first  importance  to  understand  what  should  be  done  in 
the  event  of  a  note,  having  an  indorser,  b^ing  dishonored  at  maturity. 
The  maker's  liability  is  absolute,  but  the  indorser's  is  conditional  on 
his  receiving  notice  of  non-payment.  A  note  that  may  be  regarded 
as  perfectly  good  before  maturity,  not  because  the  drawer  is  reliable, 
but  because  the  indorser  upon  it  is  financially  sound,  may,  after  it 
has  become  due,  be  practically  worthless,  if  the  proper  steps  to  hold 
the  indorser  have  not  been  taken.  Having  presented  it  at  the  place 
named  by  the  drawer  for  its  payment,  and  payment  being  refused, 
the  holder  is  bound  to  notify  the  indorser,  immediately,  in  order  to 
have  recourse  against  him,  This  will  be  best  accomplished  by  handing 
the  instrument  to  a  Notary  Public  to  be  protested.  The  notary  will 
make  a  demand  for  the  payment,  and,  being  answered  "No  Funds," 
will  write  out  a  protest,  inserting  in  it  the  answer  to  his  demand  ;  and 
he  will,  not  later  than  the  following  business  day,  mail  a  notice  of 
protest  to  the  known  address  of  the  indorser  or  indorsers,  from  the 
nearest  post  office  to  the  place  at  which  the  note  was  payable.  The 
protest  will  cost  the  holder,  in  the  Province  of  Ontario,  fifty  cents, 
and  each  notice  twenty-five  cents  and  the  postage,  which  charges  he 
will  be  entitled  to  collect  from  any  of  the  parties  to  the  note,  as  well 
as  legal  interest  from  the  date  of  maturity.  The  production  of  the 
protest  with  the  note  in  court  will  be  sn^citnt  pritna  facie  evidence 
upon  which  to  sue  an  indorser. 

In  this  Province,  notaries  are  appointed  without  special  examina- 
tions by  the  Ontario  Government.  They  are  usually  attorneys,  how- 
ever. In  the  Province  of  Quebec,  the  notarial  is  a  distinct  profession, 
as  it  is  in  Irance. 


21 

When  a  dishonored  note  or  bill  is  authorized  or  required  to  be 
protested,  and  the  services  of  a  notary  cannot  be  obtained  at  the 
place  where  the  bill  is  dishonored,  any  justice  of  the  peace  resident 
in  the  place  may  present  and  protest  such  bill,  and  give  all  necessary 
notices,  and  shall  have  the  necessary  powers  of  a  notary  in  respect 
thereto. 

Waiving  Protest. 

By  waiving  protest  an  indorser  renders  it  unnecessary  for  the 
holder  to  have  an  instrument  protested.  This  is  usually  done,  if  be- 
fore maturity,  by  the  indorser  writing  the  words  on  the  back  : 

"  Presentation  and  Protest  Waived." 
John  Jones. 
If  at  maturity  : 

"  I  hereby  accept  notice  of  non-payment  and  waive  protest  " 

John  Jones. 
Protest  may  be  waived  by  letter  or  telegram,  should  the  indorser 
be  absent  from  the  place  of  payment  at  the  date  of  maturity. 

There  is  no  necessity  to  protest  a  dishonored  note  upon  which 
there  is  no  indorser;  the  maker  can  be  held  for  six  years  after 
maturity. 

Noting. 

When  a  bill  or  note  is  required  to  be  protested  within  a  specified 

time,  it  is  sufficient  that  it  has  been  noted  for  protest  before  the 
expiration  of  the  specified  time  ;  and  the  formal  protest  may  be 
extended  at  any  time  thereafter  as  of  the  date  of  the  noting. 

Paying  or  Making  Partial  Payments  upon  Notes. 

When  you  pay  a  note  or  renew  one,  be  sure  that  you  get  it  back, 
and,  if  it  has  not  been  done  already,  cancel  it,  by  writing  "cancelled" 
or  "  paid"  across  the  face,  and  run  a  pen  through  the  maker's  and 
indorser's  names,  and  thus  render  it  valueless.  If  the  payee  should 
still  be  the  holder,  he  should,  before  returning  it,  indorse  it,  or  place 
some  written  evidence  upon  it  that  he  had  been  in  possession  of  it, 
otherwise  you  could  prove  nothing  by  it.  Put  cancelled  notes  away 
in  packages  as  you  should  receipts,  for  production  at  any  time  when 
necessary. 

The  importance  of  receiving  back  notes  that  have  been  paid  was 


made  very  apparent  to  me  by  a  circumstance  tliat  came  under  my 
observation  recently.  A  man  borrowed  a  sum  of  money  upon  two 
notes  from  a  lender,  and  he,  in  turn,  discounted  them  at  a  bank. 
At  the  date  of  maturity  the  drawer  duly  appeared  and  tendered 
payment  to  t!:e  man  from  whom  he  borrowed,  who  accepted  it  and 
gave  a  receipt.  His  excuse  for  not  producing  and  returning  the 
notes  was  that  they  were  in  the  bank,  and  it  was  inconvenient  to  go 
for  them,  but  he  promised  to  send  them  at  an  early  day.  In  less 
than  a  week  he  "  skipped  out "  without  returning  the  notes,  and  of 
course  the  maker  had  to  pay  the  amount  to  the  bank,  as  well  as  the 
notarial  charges  incurred  in  protesting  them.  Retail  dealers,  who 
have  to  ask  for  renewals  from  wholesale  houses,  are  often  careless 
about  receiving  back  their  old  notes.  It  is  not  difficult  to  recall 
cases  in  which  such  paper  has  turned  up  in  banks  after  the  failure 
of  a  wholesale  concern,  and  the  easy-going  dealer  had  to  pay 
them. 

When  making  partial  payments  upon  notes,  see  that  the  payment 

is  properly  acknowledged  on  the  back  of  the  instrument,  and  take  a 
separate  receipt  as  well. 


THE  BOOK-KEEPING  IN  CONNECTION  WITH  NOTES. 

Any  v.'ri'.ten  obligation  to  pay  money  not  under  seal  is  termed  in 
business  by  the  holder  a  Bill  Receivable,  and  by  the  maker  or 
acceptor  a  Bill  Payable.  *In  book-keeping  the  accounts  in  the 
ledger  with  these  are  called,  respectively.  Bills  Receivable  account 
and  Bills  Payable  account.  Bills  Receivable  account  is  made  Dr. 
when  other  people's  notes  and  acceptances  are  received,  and  credited 
when  they  are  disposed  of.  The  difference,  or  balance,  between  the 
two  sides  should  correspond  with  the  notes  on  hand,  and  the  account 
closes,  by  balance,  unless  all  the  notes  have  been  disposed  of,  when, 
of  course,  it  will  be  simply  ruled  and  footed. 

Bills  Payable  account  is  credited  when  you  issue  a  note  or  accept 
a  draft,  and  debited  when  you  redeem  or,  as  the  word  is,  retire 
these  obligations.     The  difference   between    the    two  sides    should 


*  No  business  man  should  omit  to  keep  a  Bill  Book  in  addition  to  the  Ledger 
Accounts  with  Bills  Receivable  and  Bills  Payable. 


23 

correspond  with  the  obligations  outstanding,  and  the  account  closes, 
to  balance,  unless  all  the  notes  have  been  paid,  when,  like  Bills 
Receivable  account  under  like  circumstances,  it  will  be  ruled  and 
footed.  The  mere  novice  in  book-keeping  will  understand  and  be 
able  to  deal  with  these  accounts  when,  in  the  case  of  Bills  Receivable, 
they  are  simply  received  and  disposed  of,  and,  in  the  case  of  Bills 
Payable,  when  they  are  simply  issued  and  redeemed.  But  in  the 
event  of 

Notes  Having  to  be  Renewed, 

more  difficulty  will  be  experienced.  I  shall  take  an  exam])le  or 
two.  A  note  of  $300  received  from  F.  Spencer  was  duly  debited  to 
Bills  Receivable,  and  his  account  was  credited.  It  stood  at  the 
debit  of  Bills  Receivable  until  I  disposed  of  it  by  discounting  it  at 
the  Bank  of  Commerce,  when  I  made  the  bank  debtor  for  the 
proceeds,  discount  debtor  for  the  difference  between  the  proceeds 
and  the  face  of  the  note,  and  credited  Bills  Receivable  account  with 
the  whole  amount.  My  customer  asks  for  a  renewal  of  the  note, 
and  I  consent. 

The  renewal  is  for  three  months,  and  the  interest  is  to  be  added  to 
the  new  note,  making  it  $305.20.  I  pay  the  old  note  by  cheque, 
send  it  back  to  Spencer,  and  get  the  new  one.  Entries  for  the 
cheque  given  to  pay  the  note  : 

Bills  Receivable $300 

To  Bank $3°° 

This  entry  places  the  note  where  it  was  before  it  was  dicounted, 

and  is  the  same  that  would    be  made  by  an  endorser,  under  any 

circumstances,  paying  a  note  for  a  maker,  except  when  the  maker 

was  considered  financially  worthless,  when  it  would  be  charged  to 

Loss  &  Gain. 

Entries  for  the  Renewal. 

Bills  Receivable  Dr $305   20 

To  Bills  Receivable $300  00 

"  Interest 5   20 

The  maker's  entry  for  the  same  transaction  would  be  : — 

Bills  Payable  Dr $300  00 

Interest  "  520 

To  Bills  Payable $305   20 


24 


Partial  Renewals. 

Brown  renews  for  you  half  the  I      i.  Your  entry  :         $  c. 

amount  of  a  note  for  $500.00  due  |  Bills  Payable  Dr.. .  .  500  00 

to-day.     You  pay  $250  cash,  and  j  Interest "            3  50 


give  a  new  note  for  half  the 
amount  of  the  old  one  and  in- 
terest on  renewal,  $3.50. 


Brown  renews  tor  you  half  the 
amonnt  of  a  note  for  $600.00, 
due  to-day.  You  pay  $303.00, 
l)ein<4  half  the  amount,  plus  the 
interest  on  renewal,  and  you  give 
a  new  note  for  half  the  amount  of 
the  old  one. 


To  cash $250  00 

"     Bills  Payable 25350 

2.  His  entry  : 

Bills  Receivable  Dr  253  50 
Cash  "     250  00 

To  Bills  Receivable 500  00 

•'    Interest 3  5° 

3.  Your  entry  : 

Bills  Payable  Dr.  .600  00 
Interest  *'         "  .  .      3  00 

To  Cash 303   CO 

"    Bills  Payable   300  00 

4.  His  entry  : 

Bills  Receivable  Dr.  300  00 
Cash  "     303  00 

To  Bills  Receivable 600  00 

"    Interest   3  00 


\Vhere  a  cash  book  is  kept,  of  course  the  cash  would  have  to  be 
put  through  it.  In  that  case  the  entries  for  No.  i  would  be  as 
follows  : — ■ 


JOURNAL. 

Bills  Payable  Dr.  .250  00 
Interest             "  .  .      3  50 
To  Bills  Payable   253  50 


CASH    CREDIT. 


By  Bills  Payable.  For 
part  payment  on  No.  92, 
renewed  as  per  Journal 
and  Bill  Book.  250  00 


"^Lien  Notes. 

Lien    notes   are   now    frequently    given    by    people    purchasing 
agricultural  implements,  pianos,  organs,  sewing  machines,  etc. 

A  Common  Form  of  Lien  Note. 


Belleville, 189 


On  the  first  day  of 1S9     ,   I  promise 

to  pay  The  G.  &  J.  Brown  Man'fg.  Co.,  (Li.mited),  or  order 

at  their  Office,  in  Belleville,  for  value  received 

Dollars,  with  interest  at  Seven  per  cent.,  and  at  the  rate  of  Ten  per 
cent,  interest  after  date  of  maturity.  I  further  agree  to  furnish 
security  satisfactory  to  you  at  any  time  if  required.  If  I  fail  to 
furnish  such  security  when  demanded,  or  should  I  sell  or  otherwise 
dispose  of  the  land  or  personal  property  I  am  now  possessed  of,  then 
this  note  is  to  become  due  and  payable  forthwith  ;  and  you  may 
retake  possession  of  the  article  for  which  this  note  is  given  without 
process  of  law,  and  sell  it  by  public  or  private  sale,  but  the  taking 
and  selling  of  said  article  shall  not  relieve  me  of  my  liability  for  any 
balance  of  the  purchase  price  still  unpaid  after  such  sale.  The  title 
and  right  to  the  possession  of  the  property  for  which  this  note  is 
given  shall  remain  vested  in  The  G.  &  J.  Brown  Man'fg.  Co., 
(Limited),  until  this  note  or  any  obligation  given  therefor  is  paid. 
I  hereby  acknowledge  having  this  day  received  a  copy  of  this  note. 


Lot 


Con Township . 


P.  O.  Address 
Witness 


J3   -Ji 
c    S 

3      tC 
^    < 

An  Act  of  the  Ontario  Legislature  respecting  conditional  sales  of 
chattels  came  into  force  on  the  first  of  January,  18S9. 

It    provides    that    such    an  instrument    as  the  above  is  valid   as 

against  subsequent  purchasers  of  the  article  for  which  it  was  given, 

if  at  the  time  possession  was  given  to  the  bailee  it  had  the  name 

and  address  of  the  manufacturer,  bailor  or  vendor  of  same  painted, 

printed,  stamped  or  engraved  thereon,  or  otherwise  plainly  attached 
thereto. 

Any  proposed  purchaser  of  the  article  can  demand  and  is  entitled 
to  receive  within  five  days  from  the  manufacturer,  bailor  or  vendor, 
claiming  ownership,  full  information  respecting  the  amount  due  and 
the  terms  of  payment ;  and  if  he  refuse  to  give  such  information,  he 


'Attention  is  drawn  to  the  tact  that  Lien  Notes  are  dealt  with  under  Provincial 
Legislation. 


26 

will  be  liable  to  a  fine  of  $50.  The  inquiry  may  be  made  by  letter, 
giving  the  name  and  address  to  which  a  reply  may  be  sent,  and  it 
will  be  sufficient  if  the  reply  giving  the  information  be  made  by 
registered  letter  within  five  days.  ' 

If  possession  be  taken  of  the  article  for  breach  of  condition  it  may 
be  redeemed  within  twenty  days,  by  full  payment  of  the  amount  due 
and  the  cost  of  taking  possession.  If  the  goods  taken  were  sold  or 
bailed  originally  for  a  greater  sum  than  $30.00,  they  shall  not  be 
sold,  when  seized  for  breach  of  condition,  without  five  days  notice  to 
the  bailee  or  his  successor  in  interest,  by  personal  service  of  notice, 
or  leaving  it  at  his  residence  or  last  known  place  of  abode  in  Ontario, 
or  sent  by  registered  letter  seven  days  before  the  time  when  the 
said  five  days  will  elapse,  addressed  to  the  last  known  post-office 
address  in  Canada  of  the  bailee  or  his  successor  in  interest. 

A  copy  of  the  receipt  note  must  be  left  with  the  bailee  at  the 
time  of  the  execution  of  the  instrument,  or  within  twenty  days 
thereafter. 

The  manufacturer,  bailor  or  vendor  may  file  a  copy  of  the 
instrument  with  the  Clerk  of  the  County  Court  of  the  county  in 
which  the  bailee  resided  at  the  time  of  the  conditional  purchase 
within  ten  days  from  its  execution,  and  thereby  relieve  himself  from 
some  of  the  provisions  of  the  Act. — See  Ontario  Statutes,  18S8,  Cap. 

I.  o.  u. 

Is  a  memorandum  of  a  debt  given  by  a  borrower  to  a  lender  as  for 

example  : — 

Montreal,  April  28th,  1893. 

Mr.  A.  B.,  I.  O.  U.  Ten  Dollars. 

C.  D. 

It  is  not  a  promissory  note,  but  is  valuable  evidence  of  the 
existence  ot  the  debt. 


2T 


DRAFTS,  OR  INLAND  BILLS  OF  EXCHANGE. 


A  bill  of  exchange  is  an  unconditional  order  in  writing,  addressed 
by  one  person  to  another,  signed  by  the  person  giving  it,  requiring 
the  person  to  whom  it  is  addressed  to  pay  on  demand,  or  at  a  fixed 
or  determinable  future  time,  a  sum  certain  in  money  to,  or  to  the 
order  of,  a  specified  person,  or  to  bearer  ; 

An  inland  bill  is  a  bill  which  is,  or  on  the  face  of  it  purports  to  be, 
(a)  both  drawn  and  payable  within  Canada,  or  (/')  drawn  within 
Canada  upon  some  person  resident  therein.  Any  other  bill  is  a 
foreign  bill. 

Nearly  all  that  has  been  said  of  notes  is  applicable  to  drafts  ;  they 
differ,  however,  in  form  and  in  other  respects.  A  note  is  a  promise 
to  pay,  originating  with  the  debtor  ;  a  draft  is  an  order  to  pay, 
originating  with  the  creditor,  and  addressed  by  him  to  the  debtor. 
There  are  three  parties  to  a  draft — the  drawer,  the  one  that  draws 
it;  the/ajw,  the  one  in  whose  favor  it  is  drawn;  \\\q.  drawee,  the 
one  on  whom  it  is  drawn,  who  becomes  the  acceptor.  The  acceptor 
of  a  draft  stands  in  the  same  position  as  the  maker  of  a  note,  and 
the  drawer  of  a  draft  stands  in  the  same  position  as  the  first  indorser 
of  a  note.  To  be  held  for  a  dishonored  bill,  notice  of  dishonor  must 
be  sent  to  the  drawer  not  later  than  the  next  following  business  day. 
This  will  be  best  accomplished  by  handing  it  to  a  Notary  Public  to 
be  protested.  Any  drawer  or  indorser  to  whom  such  notice  is  not 
given  is  discharged. 

The  Theory  of  Exchange. 

In  commerce,  an  "  Exchange  "  means  to  pay  your  creditor  by 
transferring  to  him  a  debt  owing  to  you  by  some  one  else. 


28 

The  following  example  will  illustrate  both  the  theory  and  practice 
of  exchange.  You  will  observe  that  three  parties  and  two  debts 
are  necessary  to  an  exchange  : 

Robinson  &  Johnson,  Belleville,  are  indebted  to  John  Lovell  & 
Son,  Montreal,  who  desire  that  they  shall  pay  at  ten  days'  sight  the 
amount  to  R.  Miller,  Son  &:  Co.,  to  whom  John  Lovell  &  Son  are 
indebted,  and  to  effect  this  they  draw  the  following  : — 

Draft. 
$500.00  Montreal,  January  8th,  1S93. 

Ten  days  after  sight,  pay  to  the  order  of  *  R.  Miller,  Son  &  Co., 
the  sum  of  Five  Hundred  Dollars,  for  value  received,  and  charge 
the  same  to  the  account  of 

tJoHN  Lov£LL  &  Son. 
To  I  Robinson  &  Johnson, 

Ontario  Business  College, 

Belleville. 

'■'Payee.     fDrawer.     |  Drawee. 

To  make  the  draft  bindmg  upon  Robinson  &  Johnson  they  will 
have  to  accept  it,  which  they  will  do  by  writing  across  the  face  : 

Accepted  January   \oth,   1893,  payable  at  the 
Canadian  Bank  of  Commerce,  Belleville. 
Robinson  6^  Johnson. 

After  which  it  is  called  an  acceptance.  Robinson  &  Johnson  are 
now  in  the  same  position  as  if  they  had  made  a  promissory  note, 
and  John  Lovell  &  Son  are  in  the  same  position  as  the  first  indorser 
on  a  note.  It  is  customary  to  allow  the  drawee  to  choose  the  place 
of  payment  ;  in  this  case  Robinson  &  Johnson  name  the  Bank  of 
Commerce,  Belleville.  If  the  draft  were  drawn  at  ten  days'  date 
instead  of  ten  days'  sight,  there  would  be  no  necessity  to  place  the 
date  of  acceptance  upon  it.  In  the  former  case  the  maturity  would 
be  reckoned  from  the  day  the  draft  was  drawn,  in  the  latter  it  is 
reckoned  from  sight. 


29 

The  drawer  of  a  draft  may  be  both  drawer  and  payee.  If  John 
Lovell  &  Son  desired  to  collect  for  themselves  the  amount  of 
Robinson  &  Johnson's  debt,  they  would  draw  ihe  draft  to  their  own 
order. 

The  entries  of  the  parties  to  the  foregoing  draft  would  be  as 
follows  : — 

John  Lovell  &  Son's  f    R.  Miller,  Son  &  Co.,  Dr. 

would  be  \  To  Robinson  &    Johnson. 

R.  Miller,  Son  &  Go's.  f    Bills  Receivable,  Dr. 

would  be  (  To  John  Lovell  &  Son. 

Robinson  &  Johnson's  (    John  Lovell  &  Son,  Dr. 

would  be  I  To  Bills  Payable. 

Further  Illustration  of  "Exchange." 

Here  is  a  farther  illustration  of  "  Exchange,"  given  by  Macleod, 
one  that  any  person  will  readily  understand  : 

You  are  travelling  in  an  omnibus.  The  fare  is  twenty-five  cents. 
The  smallest  change  you  have  is  fifty  cents,  which  you  hand  to  the 
conductor.  Another  passenger  is  desirous  of  paying  his  fare,  and 
has  twenty-five  cents  in  his  hand  ready  to  hand  over.  The  conductor 
tells  him  to  pay  it  to  you,  which  he  does.  By  this  means  the 
conductor's  debt  to  you  is  paid  by  the  transfer  to  you  of  the  other 
passenger's  debt  to  him,  and  thus  considerable  trouble  is  saved. 

The  principle  of  exchange  here  is  precisely  the  same  as  that 
involved  in  the  draft,  for,  as  you  will  see,  if  you  study  the  matter, 
John  Lovell  &  Son  are  in  the  same  position  as  the  conductor  of  the 
omnibus,  and  pay  their  debt  to  R,  Miller,  Son  &  Co.  by  transferring 
to  that  firm  the  debt  owing  to  them  by  Robinson  &  Johnson,  just 
as  the  conductor  paid  his  debt  to  you  by  causing  the  other  passenger 
to  pay  you  the  sum  he  owed  the  conductor. 

The  Acceptor's  Liability. 

The  acceptor  of  a  bill,  by  accepting  it — 

Engages  that  he  will  pay  it  according  to  the  tenor  of  his 
acceptance. 


30 

The  Drawer's  Liability. 

The  drawer  of  a  bill,  by  drawing  it — 

Engages  that  on  due  presentment  it  shall  be  accepted  and  paid 
according  to  its  tenor,  and  that  if  it  is  dishonored  he  will  compen- 
sate the  holder  or  any  indorser  who  is  coni])elleQ  to  pay  it,  provided 
that  the  requisite  proceedings  on  dishonor  are  duly  taken. 

The  Indorser's  Liabihty. 

The  indorser  of  a  bill,  by  indorsing  it — 

Engages  that  on  due  presentment  it  shall  be  accepted  and  paid 
according  to  its  tenor,  and  that  if  it  is  dishonored  he  will  compensate 
the  holder  or  a  subsequent  indorser  who  is  compelled  to  pay  it, 
provided  that  the  requisite  proceedings  on  dishonor  are  duly  taken. 

Where  a  Bill  is  Dishonored,  Who  May  Recover  and 

What. 

In  case  of  dishonor  the  holder  may  recover  from  any  party  liable 
on  the  bill,  and  the  drawer  who  has  been  compelled  to  pay  the  bill 
may  recover  from  the  acceptor,  and  an  indorser  who  has  been 
compelled  to  pay  the  bill  may  recover  from  the^acceplor  or  from  the 
drawer,  or  from  a  prior  indorser — 

(i)  The  amount  of  the  bill ; 

(2)  Interest  thereon  from  the  time  of  jiresentment  for  payment,  if 
the  bill  is  payable  on  demand,  and  from  the  maturity  of  the  bill  in 
any  other  case  ; 

(3)  The  expenses  of  noting  and  protest. 

Drafts  sent  for  acceptance  or  collection  through  a  bank  will  be 
protested  if  dishonored,  unless  instructions  to  the  contrary  have  been 
given,  or  a  slip  be  pinned  to  the  draft  with  the  words  printed  or 
written  upon  it  :  "  Not  to  be  protested  ;  take  this  off  before  pre- 
senting." You  may  often  succeed  in  collecting  from  a  slow  customer 
by  the  medium  of  a  draft,  when  dunning  letters  would  fail  to  produce 
a  cent.     When  drawing  on  a  doubtful  customer,  be  sure   to  attach 


31 

the  "  No  pretest,"  for  the  reason  that  if  your  draft  should  be 
returned  dishonored  and  protested,  you  will  have  to  pay  the  notarial 
charges  yourself. 

Definition  and  Requisites  of  Acceptance. 

The  acceptance  of  a  bill  is  the  signification  hy  the  drawee  of  his 
assent  to  the  order  of  the  drawer : 

An  acceptance  is  invalid  unless  it  complies  with  the  following 
conditions,  namely  : — 

(a)  It  must  be  written  on  a  bill  and  be  signed  by  the  drawee. 
The  mere  signature  of  the  drawee  without  additional  words  is 
sufficient ; 

{/')  It  must  not  express  that  the  drawee  will  perform  his  promise 
by  any  other  means  than  the  payment  of  money  ; 

Where  in  a  bill  the  drawee  is  wrongly  designated  or  his  name  is 
mis-spelt,  he  may  accept  the  bill  as  therein  described,  adding,  if  he 
thinks  fit,  his  proper  signature,  or  he  may  accept  by  his  proper 
signature. 

When  a  bill  is  duly  presented  for  acceptance,  and  is  not  accepted 
on  the  day  of  presentment  or  within  two  days  thereafter,  the  person 
presenting  it  must  treat  it  as  dishonored  by  non-acceptance.  If  he 
does  not,  the  holder  shall  lose  his  right  of  recourse  against  the 
drawer  and  indorsers. 

When  a  bill  is  dishonored  by  non-acceptance,  an  immediate  right 
of  recourse  against  the  drawer  and  indorsers  accrues  to  the  holder, 
and  no  presentment  for  payment  is  necessary. 

A  Bill  must  be  Duly  Presented  for  Payment. 

1.  If  it  is  not  so  presented,  the  drawer  and  indorsers  shall  be 
discharged  ; 

2.  A  bill  is  duly  presented  for  payment  which  is  presented  in 
accordance  with  the    following  rules  : — 

(a)  Where  the  bill  is  not  payable  on  demand,  presentment  must 
be  made  on  the  day  it  falls  due  ; 


32 

(/^)  Where  the  bill  is  payable  on  demand,  then  presentment  must 
be  made  within  a  reasonable  time  after  its  issue,  in  order  to  render 
the  drawer  liable,  and  within  a  reasonable  time  after  its  indorsement, 
in  order  to  render  the  indorser  liable  ; 

(i)  Presentment  must  be  made  by  the  holder  or  by  some  person 
authorized  to  receive  payment  on  his  behalf,  at  the  proper  place, 
as  hereinafter  defined,  either  to  the  person  designated  by  the  bill 
as  payer,  or  to  his  representative  or  some  person  authorized  to  pay 
or  refuse  payment  on  his  behalf,  if,  with  the  exercise  of  reasonable 
diligence,  such  person  can  there  be  found  ; 

(d)     A  bill  is  presented  at  the  proper  place  : — 

(i)  Where  a  place  of  payment  is  specified  in  the  bill  and  the  bill 
is  there  presented  ; 

(2)  Where  no  place  of  payment  is  specified,  but  the  address  of 
the  drawee  or  acceptor  is  given  in  the  bill,  and  the  bill  is  there  pre- 
sented ; 

(3)  Where  no  place  of  payment  is  specified  and  no  address  given, 
and  the  bill  is  presented  at  the  drawee's  or  acceptor's  place  of  busi- 
ness if  known,  and  if  not,  at  his  ordinary  residence,  if  known  ; 

(4)  In  any  other  case,  if  presented  to  the  drawee  or  acceptor 
wherever  he  can  be  found,  or  if  presented  at  his  last  known  place 
of  business  or  residence. 

Where  a  bill  is  presented  at  the  proper  place,  and,  after  the  exer- 
cise of  reasonable  diligence,  no  person  authorized  to  pay  or  refuse 
payment  can  be  found  there,  no  further  presentment  to  the  drawee 
or  acceptor  is  required. 

Where  the  place  of  payment  specified  in  the  bill  or  acceptance  is 
any  city,  town  or  village,  and  no  place  therein  is  specified,  and  the 
bill  is  presented  at  the  drawee's  or  acceptor's  known  place  of  busi- 
ness or  known  ordinary  residence  therein,  and  it  there  is  no  such 
place  of  business  or  residence,  the  bill  is  presented  at  the  post  office, 
or  principal  post  office  in  such  city,  town  or  village,  such  present- 
ment is  sufficient. 


S3 

Bank  Commission  for  Collecting. 

The  banks  usually  charge  }(  of  i%  fur  making  collections.  If  you 
wish  to  draw  for  a  debt,  say  of  $200,  in  this  province,  and  the 
drawee  is  to  pay  the  e>:change,  the  amount  of  your  draft  would  be 
$200.50.  If  the  drawee  resides  in  a  distant  part  of  the  Dominion, 
,  or  in  the  United  States,  and  you  cannot  tell  what  the  cost  of  collec- 
tion will  be,  as  the  draft  will  have  to  pass  through  several  banks 
before  presentation,  and  each  be  paid  a  commission,  add  the  words 
after  the  amount  in  the  body  of  the  draft,  •'  with  exchange." 

Kinds  of  Drafts. 

There  are  three  kinds  of  drafts,  namely,  Time,  Sight  and  Demand, 
Time  drafts  are  those  that  are  intended  to  run  a  certain  time  after 
date  or  after  acceptance.  The  only  difference  between  a  draft  at 
sight  and  a  draft  on  demand  is,  that  on  the  former  the  drawee  can 
take  three  days  of  grace,  and  the  latter  is  payable  on  presentation. 
When  you  desire  to  give  the  drawee  a  definite  number  of  days  for 
the  payment  of  a  draft  after  he  accepts  it,  draw  so  many  days  after 
sight.  If  you  draw  so  many  days  after  date  the  time  is  fixed  for  the 
payment,  irrespective  of  the  date  of  acceptance.  For  example,  to 
give  the  drawee  ten  actual  days  from  sight,  draw  at  seven  days'  sight; 
to  give  him  four  days,  draw  at  one  day's  sight,  and  so  on.  The 
days  named  and  the  three  days  of  grace  make  the  time  the  draft 
will  mature  after  sight. 

■'Accommodation  Draft  ("Kite  Flying"). 

It  is  not  an  unusual  thing  when  an  extensive  wholesale  house  fails, 
to  hear  of  numerous  failures  among  retail  dealers  in  the  same  line. 
It  will  be  found  that  disaster  has  come  upon  the  latter  because  they 
have  lent  their  names  to  the  former  too  freely.  To  illustrate  :  I  am 
doing  a  retail  business  in  Belleville  with  a  fair  amount  of  capital,  my 
largest  creditor  being  John  Ulank  &  Co.,  of  Toronto,  They  have 
placed  me  under  obligation  by  renewing  my  paper  occasionally,  and 
otherwise  indulging  me.  Better  for  me  that  they  had  not.  They 
vwite  and  ask  me  to  accept  their  dralt  at  three  months  for  $500, 

*See  "Accommodation  Note,"  page  12. 


3i 

beyond  the  amount  that  I  owe  them,  giving  the  excuse  that  they 
have  to  buy  a  large  amount  of  exchange  to  remit  to  England  in  the 
coming  week,  or  they  have  heavy  duties  to  pay,  and  they  remind  me 
of  the  help  they  have  given  me  in  the  past.  Being  of  a  grateful 
turn,  and  believing  that  the  house  of  Blank  it  Co.  could  not  be 
otherwise  than  sound,  I  consent,  and  duly  accejil  tlie  draft,  hoping 
that  I  shall  not  be  called  upon  again  to  accommodate  them  with  my 
name.  At  the  end  of  the  three  months  they  duly  retire  my  accept- 
ance and  return  it  to  me,  as  I  knew  they  would.  I  am  surprised, 
however,  in  a  few  days  by  a  request  to  accept  two  more  drafts  of 
$50c  each,  for  their  accommodation.  Similar  excuses  are  given,  and 
I  assume  an  obligation  of  $1000,  for  which  I  receive  no  value.  As 
time  goes  on  similar  requests  continue,  and  so  does  my  folly,  until 
my  name  is  upon  their  paper  for  a  sum  larger  than  my  capital.  They 
fail  with  this  paper  under  discount  at  the  bank,  and  as  it  would  be 
impossible  forme  to  pay  it  and  discharge  my  legitimate  obligations,  I 
too  have  to  make  an  assignment.  An  accommodation  jjarty  is  liable 
on  the  bill  to  a  holder  for  value;  and  it  is  immaterial  whether,  when 
such  holder  took  the  bill,  he  knew  such  party  to  be  an  accommoda- 
tion party  or  not.  Need  I  add  the  caution — never  accept  accommo- 
dation drafts,  or,  as  the  expression  is,  "  fly  kites  "  for  any  one.  The 
man  who  accepts  an  accommodation  draft  is  in  a  worse  position  than 
the  man  who  endorses  an  accommodation  note.  The  latter  can  come 
on  the  maker ;  but  the  other,  being  the  primary  debtor,  will  only 
have  an  equitable  right  over  against  the  estate  of  the  man  whom  he 
accommodated. 

Obtaining  Assistance  by   Draft  to  Retire  an  Accept- 
ance or  Note. 

A  business  man  is  frequently  in  such  a  position  as  the  following  : — 

His  acceptance  (or  note)  for  $600.00  in  favor  of  John  Allen  & 

Co.,   of  Montreal,   will  fall  due  four  days  hence  at  the   Bank    of 

Montreal  in  Kingston.  All  he  can  raise  towards  paying  it  is  $300.00  ; 

so  he  writes  them  the  following  letter : 


35 

Kingston,  June  g,  1893. 
Messrs.  John  Allen  &  Co., 

Montreal. 

Gentlemen, — I  regret  that  I  shall  not  be  able  to  pay  in  full  my 

acceptance  in  your  favor  due  on  the  13th  instant.     All  I  can  raise  is 

$300,  and  I  request  that  you  will  kindly  permit  me  to  draw  on  you 

at  sight  for  the  balance,  $300,  for  which  you  may  draw  back  upon  me 

at  ten  days,  with  interest  and  exchange. 

Yours  faithfully, 

RICHARD  ROE. 

He  receives  the  following  reply  : — 

Montreal,  June  10,  1893. 
Mr.  Richard  Roe, 

Kingston 

Dear  Sir. — Your  letter  of  the  gth  inst.  is  received,  and  in 'reply 

we  hereby  authorize  you  to  draw  on  us  at  sight  for  $300,  to  assist  you 

to  retire  your  acceptance  in  our  favor,  due  June  T3th.     As  requested, 

w'e  shall  draw  back  upon  you  for  that  amount,   adding  interest  and 

exchange. 

Yours  faithfully, 

JOHN  ALLEN  &  CO. 

The  letter  of  authority  to  draw  the  draft  will  be  shown  by  Roe  to 
the  manager  of  the  bank,  with  the  request  that  the  bank  will  dis- 
count it.     He  consents.     Roe  draws  the  following  draft  : 

Kingston,  June  13,  1893. 
$300.00. 

At  sight,   for  value  received,  pay  to   the   order  of  the  Bank  of 

Montreal   the  sum   of  three  hundred    dollars,   and    charge  to   the 

account  of 

RICHARD  ROE. 
To  Messrs.  John  Allen  &  Co., 

Montreal. 
(N.  B.  —  Roe  might  draw  the  draft  to  his  own  order  and  indorse  it  over  to  the 
bank.) 

Roe  has  the  draft  discounted,  and  leaves  the  proceeds,  $299.25,  to 
his  credit  in  the  bank. 


Tohn  Allen  v'v:  Co.  retire  ihe  draft  by  check  on  presentation. 
The  interest  and  cost  of  collecting  the  draft  they  draw  back  u])on 
Roe  is  $1.50  ;  so  they  draw  upon  him  at  ten  days'  date  for  $301.50. 

Entries. 


Roe's  entry  when  he  draws 
the  draft  on  Allan. 


)     r.ank  Dr.  $299.25. 
■    Discount   Dr.     75. 
)        To  John  Allan  &  Co.$3oo.oo. 

Allan's  entry  when  they  retire        (^    R.  Roe,  Dr.  $300.00. 

Roe's  draft  by  check.  (  To  Bank  $300.00. 

Allan's  entry  when  they  charge  \ 

Roe  with    the  interest  and  (     R.  Roe,  Dr.  $1.50. 

exchangeonthe  draft  to  be  |  To  interest,  $i-5o. 

drawn  at  ten  days.  } 

Allan's  entry   when  they  draw      (^    Bills  Rec.  $301.50 

on  Roe  at  10  days.  j  To  R.  Roe.  $301.50. 

Roe's  entry  when  he  accepts      ]    John  Allan  <S:  Co.,  Dr.  $300.00. 

Allan's  draft  at  ten  >    Interest  "  1.50. 

days'  date.  )  To  Bills  Payable,  $301.50. 

The  note  to  retire  which  assistance  was  obtained,  was  duly  charged 

to  Roe's  account  in  the  Bank,  and  he  made 

Bills  Payable,  Dr.    $6oc.oo. 

To  Bank  600.00 

and  when  he  retires  the  acceptance  of  $301.50  he  will  make 

Bills    Payable  $301.50. 

To  Bank,  $301.50. 

A  Bank  Draft 

is  a  medium  by  which  a  remittance  is  made.  You  desire  to  send  or 
carry  money  to  a  distance  in  a  way  that  will  be  safe.  Buy  from  a 
bank  a  draft  payable  on  demand,  at  the  i^lace  desired,  to  your  order, 
or  to  that  of  the  person  for  whom  the  money  is  intended.  It  will 
cost  you  a  quarter  of  one  per  cent,  more  than  the  fare,  and  will  be 
cashed  at  par  at  the  branch  or  bank  it  is  drawn  upon. 

If  the  draft  is  drawn  upon  a  foreign  country,  it  is  called  a  Foreign 
Bill  of  Exchange. 


37 

FOREIGN  BILLS  OF  EXCHANGE. 

Bills  of  Exchange  were  rot  known  to  the  ancients.  We  have 
records,  however,  of  their  use  in  the  fourteenth  century.  It  is  pro- 
bable that  a  Bill  of  Exchange  was  in  its  origin  nothing  more  than  a 
letter  of  credit  from  a  merchant  in  one  country  to  his  debtor,  a 
merchant  in  another,  requesting  him  to  pay  the  debt  to  a  third  per- 
son who  carried  the  letter,  and  was  travelling  to  the  place  where  the 
debtor  resided. 

This  mode  of  making  payments  was  found  by  exjjerience  extreme- 
ly convenient  for  all  parties — to  the  creditor,  for  he  could  thus  col- 
lect his  debt  witliout  trouble,  risk  or  expense ;  to  the  debtor,  for  the 
facility  of  payment  was  an  equal  accommodation  to  him  ;  to  the 
bearer  of  the  letter,  who  found  himself  in  funds  in  a  foreign  country, 
without  the  danger  and  incumbrance  of  carrying  specie. 

At  first,  perhaps,  the  letter  alluded  to  many  other  things  besides 
the  order  to  pay  money  ;  but  it  was  gradually  disencumbered  of  all 
other  matters,  was  left  open,  and  the  paper  on  which  it  was  written 
gradually  assumed  the  size  and  form  now  in  use.  The  assignee 
was,  perhaps,  desirous  to  know  beforehand  whether  the  party  to 
whom  it  was  addressed  would  jjay  it,  and  sometimes  showed  it  to 
him  for  that  purpose  ;  his  consent  to  pay  was  the  origin  of  accept- 
ances. 

Foreign  Exchange  Explained. 

The  theory  and  nature  of  inland  exchange  have  been  fully  set 
forth  at  pages  27,28  and  29,  and  I  shall  now  explain  Foreign  Exchange 
by  the  following  practical  illustrations  :  I  am  a  produce  commission 
merchant  in  Montreal,  and  have  received  from  the  firm  of  John 
Lord  &:  Co.,  London,  England,  an  order  for  a  quantity  of  wheat.  I 
have  shipped  it  on  board  the  steamship  "  Parisian,"  and  have  obtained 
trom  the  vessel's  agent  (or  the  master  or  purser)  the  bill  of  lading 
duly  signed  (in  which  I  have  had  the  wheat  consigned  to  my  own 
order,  as  it  is  not  yet  paid  for)  and  I  have  also  insured  it.  The  value 
of  the  wheal  is   two   thousand    pounds,    for   which    I    have  John 


3S 

Lord  &  Go's,  authority  to  draw  a  bill  on  them  at  three  days'  sight. 
I  draw  the  bill  of  exchange  upon  them  in  the  following  set  : 

I  St. 

Montreal.  April  15,  1S93. 
Exchange  for  ^^{^2000. 

Three  days  after  sight  of  this  first  of  exchange  (second  and  third 
of  the  same  tenor  and  date  unpaid),  pay  to  the  order  of  myself  the 
sum   of  Two  Thousand    Pounds   Sterling,  for  value    received,  and 

charge  the  same  to  the'account  of 

J.  W.  Johnson. 
To  Messrs.  John  Lord  &  Co., 

7  New  Broad  St., 

London,  E.  C,  England. 

2nd. 

Montreal,  April  15,  1893. 
Exchange  for  ^2000. 

Three  days  after  sight  of  this  second  of  exchange  (first  and  third 
of  the  same  tenor  and  date  unpaid),  pay  to  the  order  of  myself, 
the  sum   of  Two   Thousand    Pounds   Sterling,  for    value  received, 

and  charge  the  same  to  the  account  of 

J.  W.  Johnson. 
To  Messrs.  John  Lord  &  Co., 

7  New  Broad  St., 

London,  E.  C,  England. 

3rd. 

Montreal,  April  15,  1893. 
Exchange  for  ^2000. 

Three  days  after  sight  of  this  third  of  exchange  (first  and  second 
of  the  same  tenor  and  date  unpaid),  pay  to  the  order  of  myself, 
the  sum  of  I'wo  Thousand  Pounds  Sterling,  for  value  received, 
and  charge  the  same  to  the  account  of 

J.  W.  Johnson. 
To  Messrs.  John  Lord  &  Co., 

7  New  Broad  St., 

London,  E.  C,  England. 
I  have  now  exchange  for  sale,  created  by  the  export  of  the  wheat, 


39 

and  the  consequent  debt  to  me  of  John  Lord  &  Co.  I  shall  sell  it 
where  I  can  obtain  the  highest  price,  and  have  offered  it  to  several 
bankers;  the  Bank  of  Montreal  having  made  the  best  offer,  viz.: 
4.87  (*  that  is  to  say  $4.87  for  each  pound),  I  dispose  of  the  bill  of 
exchange  to  that  institution,  indorsing  it  to  the  order  of  the  Bank,  and 
I  also  indorse  the  bill  of  lading  over  to  the  Bank,  and  likewise 
assign  to  it  the  policy  of  insurance. 

The  Bank  having  bought  exchange  on  London,  or  the  debt  owing 
to  me  there,  is  now  in  a  position  to  j-^// exchange  on  London.  Here 
are  a  dozen  Montreal  merchants  desirous  of  paying  debts  that  they 
owe  in  London,  and  knowing  that  the  Bank  has  exchange  for  sale 
they  will  save  the  trouble  and  expense  of  transmitting  bullion  (gold 
or  silver)  by  buying  bills  drawn  by  the  Bank  of  Montreal  on  its  Lon- 
don agent  for  the  various  sums  that  they  may  require,  and  to  the 
order  of  the  persons  to  whom  they  are  indebted,  until  the  two  thous- 
and pounds,  representing  the  export  of  the  wheat,  is  exhausted.  If 
the  bank,  in  order  to  meet  its  customer's  demands,  should  issue  bills 
to  a  larger  amount  than  the  two  thousand  pounds,  it  could  make  one 
remittance  in  coin  to  cover  the  overdraft.  In  actual  practice,  how- 
ever, this  would  not  be  necessary  for  any  one  day's  transactions,  for 
the  bank  has  other  funds  available  in  London,  or  if  not,  has  credit, 
which  is  just  as  good.  However,  if  the  overdraft  on  its  London  cor- 
respondent continued,  the  bank  would  require  periodically  to  remit 
coin,  or  buy  exchange  from  some  other  bank  to  remit. 

You  will  see  from  the  above  how  large  international  transactions 
are  conducted,  and  many  acts  of  exchange  accomplished,  by  a  single 
transfer  of  specie.  Gold  is  the  common  denominator  of  value,  lUUs  of 
Exchange  represent  it,  and  gold  could  be  obtained  for  them,  but  it  is 
not  the  actual  medium  of  exchange.  The  wheat  that  I  exported  paid 
for  the  importations  of  a  dozen  merchants,  which  is  practically  barter, 
where  equivalent  quantities  of  goods  are  made  to  pay  for  each  other. 

*The  par  of  Sterling  Exchange  is  $4,867^,  or  9>^  %  over  the  old  par,  which 
was  $4.44  4-9.  The  rate  of  exchange  is  the  price  at  which  it  is  being  bought  and 
sold  daily.  The  Bank  bought  as  above  at  $4.87  (above  par)  and  sold  say  at  $4.88. 


40 

From  the  transactions  in  exchange  mentioned  as  occurring  in  one 
bank  in  ]Montreal,  let  your  mind  dwell  on  the  hundreds  of  similar 
transactions  that  are  occurring  daily  in  the  great  cities  of  the  conti- 
nent, in  connection  with  its  exports  and  imports,  and  you  will  under- 
stand when  you  read  in  the  papers  "that  bullion  has  been  shipped 
from  England  to  America  "  (or  vice  versa)  tiiat  one  such  transmission 
is  the  single  settlement  in  coin  for  thousands  of  international  transac- 
tions, whereby  freight  charges,  insurance  and  actual  loss  of  gold,  that 
would  be  involved  if  each  one  had  to  ship  gold  to  meet  his  indi- 
vidual debts,  are  avoided. 

Bills  in  a  Set. 

Three,  or  at  least  two,  bills  are  issued  in  a  set  of  exchange,  (see 
page  38,)  each  part  of  the  set  being  numbered,  and  containing  a 
reference  to  the  01  her  parts  ;  the  whole  of  the  parts  constitute  one 
bill,  and  one  part  havmg  been  paid  the  others  are  void.  The  original 
object  of  issuing  more  than  one  bill  was  that  they  might  be  sent  by 
different  conveyances,  and  whichever  one  was  presented  to  the 
drawee  first  was  paid.  When  the  ocean  mails  v.-ere  carried  by 
sailing  vessels,  delays  were  freciuent.  A  vessel  bearing  the  second 
of  exchange,  altl;ough  sailing  two  weeks  later  than  the  one  by  which 
the  first  was  sent,  might  reach  its  destination  at  an  earlier  date  than 
the  other.  The  punctuality  ot  the  ocean  mails  now,  renders  it  usually 
unnecessary  to  remit  more  than  one  bill  of  the  set. 

LETTER  OF  CREDIT. 

Colonial  Bank,  Barbados,  ^V.  1 ,  26th  January,  1893. 
Messrs.  Brown  Brothers  &  Co., 

Agents  Colonial  Bank, 

New  York. 
Dkar  Sirs, — 

You  are  hereby  authorized  to  cash  the  Gold  Drafts,  without  deduc- 
tion, of  Mr.  Belfield  Grannum  on  Mr.  E.  T.  Grannum  of  this  Island, 
at   30   days'  sight,  to  the    extent  of  $520,   say  Five  Hundred  and 


41 

Twenty  Dollars,  this  Credit  to  remain  in  force  for  three  months 
from  date. 

The  Messrs.  Grannuni's  signatures  were  sent  you  last  year. 
I  am,  Dear  Sirs,' 

Yours  faithfully, 

F.  J.  Howell, 

Manager. 

This  places  Mr.  Grannum  in  the  position  to  obtain  funds  from 
Brown  Bros.,  New  York,  to  the  amount  named  ,on  the  credit  of  the 
Colonial  Bank,  Barbados. 

Circular  Letters  of  Credit 

are  issued  by  some  banks  for  use  by  travellers.  They  are  more  con- 
venient than  a  bill  of  exchange,  because  money  can  be  obtained 
upon  them  in  various  countries.  The  identification  of  the  person  to 
whose  order  a  circular  letter  ot  credit  is  drawn  is  established  by  l;is 
signature  on  the  margin,  certified  by  the  banker  who  issued  it. 
^Vhere  he  is  an  entire  stranger,  to  prove  his  identity,  he  has  only  to 
submit  his  signature  for  comparison  with  that  which  he  signed  upon 
the  margin. 


CHEQUES   ON   A   BANK. 


A  cheque  is  a  bill  of  exchange  drawn  on  a  bank,  payable  on  de- 
mand. 

Form. 


Stub, 
No.   1,053. 
June  2nd,  1893, 
In  favor  of  Geo.  Ritchie  &  Co. 

$75-50 
In  full  of  Account  to  date. 


No.  1,053.     Belleville,  Ont.,  June  2nd,  1S93. 
To  the  Canadian  Bank  of  Commeice, 
(Belleville  Branch  ) 
Pay  Messrs.  Geo.  Ritchie  «fe  Co.,  or  order. 

Seventy-five   50/100 dollars. 

$75-50  (in  full  of  Ace.  to  date.) 

ROBINSON  &  JOHNSON. 


42 

In  the  above  example  Robinson  &  Johnson  have  funds  on  deposit 
in  the  branch  of  the  Rank  of  Commerce  at  Belleville,  and  desiring 
to  pay  George  Ritchie  &  Co.  the  amount  of  their  account,  give  them 
a  cheque  for  $75.50.  The  checiue  drawn  as  above  will  serve  as 
a  receipt  when  it  is  paid,  and  received  back  from  the  bank, 
because  it  is  payable  to  the  order  of  the  payee,  names  what  it  was 
given  for,  and  must  be  indorsed  by  Geo.  Ritchie  &  Co.  before 
they  can  transfer  it,  or  draw  the  money  on  ir. 

Accepted  Cheques. 

On  receiving  a  cheque  from  the  drawer,  the  payee  should  present 
it  at  once  to  the  bank  for  acceptance,  and  within  a  reasonable  time 
for  payment.  The  ledger  keeper  is  the  officer  who  accepts  it,  and 
the  teller  the  one  who  pays  it. 

Indorsing  Cheques. 

A  cheque  payable  to  bearer  is  negotiated  by  delivery  ;  one  pay- 
able to  order  is  negotiated  by  indorsement  and  delivery.  The  safest 
way  is  to  make  all  cheques  ])ayable  to  order.  See  indorsements  at 
pages  17  and  18.  Do  not  indorse  a  cheque  until  you  present  it  for 
payment,  when  you  will  indorse  it  in  blank.  If  you  transfer  it, 
indorse  it  in  full. 

Numbering  Cheques, 

Number  your  cheques  so  that  you  may  have  the  satisfaction  of 
knowing  that  they  have  been  returned ;  preserve  them,  consecutively 
numbered,  in  packages,  so  that  you  can  produce  them  at  any  time. 

Checking  the  Bank  Account. 

Leave  your  pass  book  in  the  bank  on  the  last  day  of  each  month 
to  be  balanced.  About  the  2nd  or  3rd  of  the  new  month  it  will  be 
handed  to  you  (after  you  have  signed  an  acknowledgment  that 
the  balance  shown  is  right),  together  with  the  cheques,  notes  and 
acceptances  that  have  been  paid  and  charged  to  your  account  up  to 
the  end  of  the  previous  month.  You  will  sometimes  find  that  the 
b.ilance  in  the  bank  pass-book  and  the  balance  in  your  books  do  not 


43 

agree.  In  this  event  find  what  cheques  are  missing  by  noting  the 
numbers  that  are  absent,  refer  to  the  corresponding  stub  numbers, 
and  you  will  find  (unless  mistakes  have  been  made)  that  the  sum  of 
the  absent  cheques  is  the  difference.  The  absent  cheques  had  not 
been  presented  for  acceptance  when  the  pass-book  was  made  up  ; 
you  had  credited  the  bank  with  them  in  your  books,  but  they  had 
not  then  been  charged  by  the  bank  to  your  account,  hence  the  dis- 
crepancy. 

Keep  Daily  Track  of  your  Bank  Balance. 

It  is  a  most  unpleasant  experience  for  a  reputable  business  man 
when  he  has  given  a  cheque  in  good  faith,  to  have  it  returned  with 
the  remark,  "  no  funds."  Men  who  have  no  financial  reputation  to 
sustain  '•'  don't  care,"  and  frequently  put  persistent  creditors  off  tem- 
porarily by  drawing  cheques  which  they  know  there  are  no  funds  to 
meet.  A  man  who  wants  to  know  daily  how  his  balance  stands, 
and  who  cannot  keep  the  bank  account  in  the  ledger  posted  closely, 
can  keep  track  of  the  bank  transactions  on  the  back  of  the  stubs 
of  his  cheques  as  follows  : — 

The  balance  this  morning  was  $920.70. 

$100.  $57.20,  $60.30 
Three  cheques  were  issued  to-day,  Nos.  129.        130.       131. 

The  proceeds  of  a  note  discounted  amount  to  $430.20. 
A  deposit  was  made  to-day  of  $600. 
On  the  back  of  the  stub  of  the  last  cheque  issued  write 


Balance  over. 

$920. 70 

Deduct 

Cheques  Nos.  129, 

•    .         $100.00 

130. 

57.20 

131. 

60.30 

217.50 

Add 

$703.20 

Proceeds  of  discount, 

430.20 

Deposit, 

600.00 

1030.20 

Preseni  balance, 

$•  7.33- 40 

A  man  will  not,  unless  he  designs  to  do  it,  issue  cheques  for  which 
there  are  no  funds  if  he  attends  accurately  to  this  matter  each  day. 


44 
Rate  of  Exchange  on  Cheques 
Cheques  presented  at  any  other  branch  of  the  bank  than  that  in 
which  the  drawer's  funds  are  on  deposit,  are  subject  to  a  deduction 
for  exchange  of  ^^  of  i%.  You  should  therefore  make  your  cheque 
for  the  amount  of  the  debt  and  the  exchange,  if  it  is  to  be  paid  at 
another  branch.  If  you  keej)  a  fair  balance  with  your  banker  on 
which  no  interest  is  allowed,  he  may  grant  you  the  concession  of 
marking  your  cheques  payable  at  par  at  the  branch  where  it  will  be 
presented  for  payment. 

Precaution  Against  Fraud. 

Draw  your  cheques  so  that  they  cannot  be  raised  or  altered. 
In  the  example  given  at  page  41,  you  will  observe  that  there 
is  no  unfilled  space  to  the  left  of  the  written  amount,  and  the 
fraction  (or  if  no    fraction   Zl)  follows    close   up  to  it  on  the  right. 

Neither  on  one  side  nor  the  other  can  any  word  be  added.  If  you 
fail  to  observe  such  a  precaution,  and  by  your  carelessness  invite 
fraud,  and  it  should  succeed,  you,  and  not  the  bank,  will  be  the 
loser. 

Identifying  Strangers  on  Cheques. 

Take  care,  when  identifying  a  payee  on  a  cheque  or  draft  to 
enable  him  to  draw  money,  that  you  do  not  incur  responsibility.  For 
example  ;  John  Jones,  whom  you  know,  wants  you  to  identify  him 
on  a  cheque  or  draft  payable  to  his  order  that  has  not  been  accept- 
ed. He  indorses  it ;  underneath  his  signature  write,  "  Identified 
by,"  and  sign  your  name.  Doing  this,  you  only  certify  that  he  is 
John  Jones  ;  but  if  you  simply  indorse  your  name  under  his,  you 
would  guarantee  both  the  man  and  the  money.  lie  may  say,  "  but 
I  cannot  get  the  money  on  personal  identification  only;"  your  reply 
would  be,  "well,  let  it  be  sent  for  collection,  I  decline  to  incur  any 
responsibility  beyond  identifying  you."  You  may  not  get  up  a 
reputation  as  an  "  obliging  fellow,"  but  you  will  have  the  satisfaction 
of  knowing  that  you  are  safe. 


Grossed  Cheques. 

When  it  is  intended  that  a  cheque  shall  not  be  negotiable,  it  is 
crossed. 

I.  Where  a  cheque  bears  across  its  face  an  addition  of  : — 

(a)  The  word  "  bank "  between  two  parallel  transverse  lines, 
either  with  or  without  the  words  "  not  negotiable  ;"  or 

{/>)  Two  parallel  transverse  lines  simply,  either  with  or  without 
the  words  "  not  negotiable  ;  " 

That  addition  constitutes  a  crossing,  and  the  cheque  is  crossed 
generally. 

2  Where  a  cheque  bears  across  its  face  an  addition  of  the  name 
of  a  bank,  either  with  or  without  the  words  "  not  negotiable,"  tliat 
addition  constitutes  a  crossing,  and  the  cheque  is  crossed  specially, 
and  to  that  bank. 

A  cheque  may  be  crossed  generally  or  specially  by  the  drawer. 

3.  Where  a  cheque  is  uncrossed,  the  holder  may  cross  it  generally 
or  specially. 

4.  Where  a  cheque  is  crossed  generally,  the  holder  may  cross  it 
specially. 

5.  Where  a  cheque  is  crossed  generally  or  specially,  the  holder 
may  add  the  words  "not  negotiable." 

6.  Where  a  cheque  is  crossed  specially,  the  bank  to  which  it  is 
crossed  may  again  cross  it  specially,  to  another  bank  for  collection. 

7.  WHiere  an  uncrossed  cheque,  or  a  cheque  crossed  generally,  is 
sent  to  a  bank  for  collection,  it  may  cross  it  specially  to  itself. 

8.  A  crossed  checpie  may  be  re-opened  or  uncrossed  by  the  drawer, 
writing  between  the  transverse  lines,  and  initialing  the  same,  the 
words  "  pay  cash." 


46 

Book-Keeping  Entries  for  Cheques. 

When  you  deposit  in  the  bank,  you  make  the  Bank  Dr.  to  Cash. 
When  you  draw  a  cheque,  credit  the  bank  and  debit  the  person  to 
whom,  or  the  account  for  which,  it  has  been  issued.  When  you 
receive  a  cheque,  make  Cash  Dr.  to  the  person  from  whom,  or  the 
account  for  which,  you  received  it. 

Cheques  may  either  be  journalized  or  put  through  the  cash  book. 
It  is  not  necessary  to  credit  each  cheque  singly.  The  cheques 
issued  in  a  day  or  a  week  or  a  month  may  be  credited  in  one  sum  to 
the  bank.  Four  cheques  were  issued  to-day,  journalize  them  from 
the  stubs  as  shown  on  page  47. 

Important  Points   in   Connection  with   the   Bills 
Receivable  and  Bills  Payable  Accounts. 

You.  will  find  analyses  of  the  above  accounts  at  pages  22  and  23. 
I  wish  to  emphasize  here,  and  draw  the  student's  special  attention  to 
the  point,  that  when  you  retire  your  notes  or  acceptances,  you  should 
never  charge  Bills  Payable  account  with  more  or  less  than  the  face 
of  the  instrument  (the  amount  credited  when  issued)  ;  and  that 
when  a  note  or  acceptance  ac^ainst  some  one  else  is  disposed  of,  Bills 
Receivable  account  should  never  be  credited  with  more  or  less  than 
the  face  of  the  instrument  (the  amount  debited  when  received). 


You    pay   your   note,  face   $500  and 
interest  $5.00. 

You    pay   a   note,    face  $600,   before 
maturity,  and  get  a  discount  of  $10  oft". 


Examples. 

ENTRIES. 

Bills  Payable  Dr $500.00 

Interest  "'     5.00 

To  Cash 505.00 

Bills  Payable  Dr 600.00 

To  Cash 590.  CO 

"  Discount 10.00 


Cash  Dr        304.00 

To  Bills  Receivable. .. .  300.00 

"  Interest 4.00 

Cash  Dr 690.00 

Discount  Dr    10.00 


You  receive  paymsnt  of  a  note,  face 
$300  and  interest  $4.00. 

You  receive  less  than  the  face  of  a 
note  when  disposing  of  it  ;  face  $700, 
discount  allowed  $10.00.  To  Bills  Receivable  700.00 

If  you  carefully  observe  the^e  instructions,  you  will  find  that  the  difference 
between  the  two  sides  of  liills  Payable  account  will  always  agree  with  the  notes 
outstanding  ;  and  the  difference  between  the  sides  of  Bills  Receivable  account  will 
always  agree  with  the  notes  on  hand.  When  issuing  a  note  (or  acceptance)  bearing 
interest,  the  entry  is  just  the  same  as  if  it  were  not.  because  the  interest  is  a 
matter  for  the  future. 


47 


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48 

QUESTIONS  FOR  REVIEW. 


INTRODUCTORY. 


What  is  Common  Law?  What  is  Statute  Law?  From  what  has 
the  Law  relating  to  Bills  of  Exchange  grown  ?  What  is  the  Law- 
making power  of  merchants  i<nown  as  ?  Give  two  illustrations  of 
the  controlling  effect  of  the  Law-merchant. 

What  are  the  commonest  forms  of  contracts?  Name  the  two 
kinds  of  contracts.  How  may  Simple  Contracts  be  made?  How 
must  Specialty  Contracts  be  made  ?  What  is  essential  in  every  Con- 
tract ?  When  sueing  on  a  simple  contract  what  must  be  proved  ? 
Does  this  requirement  apply  to  a  Specialty  Contract?  What  is  the 
Statute  uf  Frauds  and  when  was  it  passed  ?  It  requires  that  certain 
simple  contracts  shall  be  in  writing ;  name  the  principal  cases. 
What  contracts  must  be  not  only  in  writing,  but  be  under  seal? 
What  is  a  seal  ?  Who  are  competent  to  make  a  contract  ?  What  is 
a  minor?  What  must  be  attached  to  a  contract  with  a  corporation 
to  make  it  binding?  How  is  authority  conferred  upon  an  agent? 
In  making  a  contract  by  correspondence  wl.at  is  required  ?  When 
do  contracts  become  outlawed  ?  What  is  the  Dominion  Statute 
called  which  codified  the  laws  relating  to  Bills  and  Notes  ? 


QUESTIONS  FOR  REVIEW. 


NOTES. 


State  the  three  reasons  that  make  it  desirable  to  hold  a  note 
against  a  debtor.  Explain  the  term  "  discounting  a  note."  Give  a 
definition  of  a  Promissory  Note.  What  is  meant  by  a  determinable 
future  time?  Name  the  parties  to  a  note.  How  are  notes 
transferred  ?  When  may  notes  be  transferred  ?  Explain  a  nego- 
tiable note  ;  a  noie  negotiable  without  indorsement ;  a  note  nego- 
tiable by  indorsement.  Give  the  form  of  a  non-negotiable  note  ;  a 
note  negotiable    by    indorsement ;    a    note    negotiable    without    in- 


49 

dorsement ;  a  note  payable  on  demand  ;  a  joint  and  several  note. 
Explain  a  joint  and  several  note.  Explain  a  Joint  Note.  What  are 
the  rifijhts  of  a  third  party  in  a  negotiable  note  ?  What  are  the  rights 
of  an  assignee  of  a  non-negotiable  note  ?  Explain  an  accommodation 
note.  Give  an  example,  and  state  why  it  is  made  payable  to  the  order 
of  the  indorser  and  not  to  the  order  of  the  lender.  What  may  be  done 
in  regard  to  a  lost  note  ?  Discrepancy  between  words  and  figures, 
which  is  payable  ?  Name  circumstances  that  do  not  invalidate  a 
note.  What  is  a  holder  in  due  course  ?  What  must  be  done  on  a 
note  given  for  a  patent  right  .-*  What  is  the  effect  of  altering  a 
note  ?  Explain  what  is  meant  by  the  legal  rate  of  interest.  Under 
what  circumstances  would  you  insert  the  woids,  "as  well  after 
AS  BEFORE  MATURITY  UNTIL  PAID "  in  a  note  bearing  interest  ? 
What  is  a  usury  law  ?  What  are  days  of  grace  ?  When  would  a 
note  drawn  3  months  from  October  26  fall  due  ?  When  would  a 
note  drawn  at  ninety  days  from  October  26  fall  due  ?  What  is  a 
power  of  attorney  ?  How  does  the  holder  of  a  power  of  attorney 
sign  business  papers  for  his  principal  ?  What  does  the  abbreviation 
per  pro  stand  for  ?  When  does  a  note  become  outlawed  ?  What  is 
the  Statute  of  Limitations  ?  What  is  the  act  of  indorsing?  What 
are  its  effects  ?  Explain  indorsement  in  blank,  and  wnat  may  the 
holder  do?  Explain  indorsement  in  full;  qualified  indorsement; 
restrictive  indorsement  ;  indorsement  for  deposit  only.  How  could 
you  prove  the  payment  of  a  note  ?  What  is  the  order  of  indorsers' 
liability  ?  Explain  guarantee  on  a  note.  Where  should  a  note  be 
presented  for  payment  ?  What  are  the  proceeding  to  be  taken  to 
hold  indorsers  on  a  note  not  paid  at  maturity  ?  If  the  services  of  a 
notary  cannot  be  obtained,  who  may  perform  his  functions  ?  What 
is  waiving  protest  ?  Give  examples.  Why  is  it  unnecessary  to 
protest  a  note  on  which  there  is  no  indorser?  What  is  noting? 
How  should  partial  payments  be  acknowledged  on  notes  ?  When 
you  have  paid  a  note,  what  should  you  do  with  it  ?  When  renewing 
your  note,  what  should  you  receive  ?  What  is  a  bill  receivable  ?  What 
is  a  bill  payable  ?  In  book-keeping  what  are  the  accounts  represent- 
ing notes  called  ?  Analyse  the  bills  receivable  and  bills  payable 
accounts.  Give  the  entries  of  the  maker  having  a  note  renewed. 
Give  the  entries  of  the  holder  when  renewing  a  note.  Give  the 
entries  of  each  for  partial  renewals.  Explain  a  Lien  note.  Which 
legislature  deals  with  lien  notes  ?     What  is  an  I.  O.  U.  ? 


QUESTIONS  FOR  REVIEW. 


DRAFTS. 


Give  a  definition  of  a  Draft  or  Inland  Bill.  Explain  the  difference 
between  a  note  and  a  draft.  How  many  parties  are  there  to  a 
draft  ?  Name  them.  Explain  each  one's  position.  Which  one 
accepts  the  draft  ?  What  party  to  an  acceptance  stands  in  the  same 
position  as  the  maker  of  a  note  ?  What  party  to  a  draft  stands  in 
the  same  position  as  the  first  indorser  on  a  note  ?  To  hold  the 
drawer  of  a  dishonored  bill  what  must  be  done,  and  when  ?  Explain 
the  theory  of  exchange.  Give  an  example  of  a  draft  with  three  firms 
or  i)ersons  and  two  debts  concerned.  How  is  a  draft  payable  ten 
days  after  sig/it  accepted  ?  How  is  a  draft  payable  ten  days  after 
ddfe  accepted  ?  From  what  date  do  you  reckon  the  maturity  of  a 
draft  drawn  ten  days  after  sight  ?  From  what  date  do  you  reckon 
the  maturity  of  a  draft  drawn  ten  days  after  date?  What  is  a  draft 
called  after  it  has  been  accepted  ?  Under  what  circumstances  are  the 
drawer  and  payee  of  a  draft  the  same  person  ?  To  whose  order  is  it 
made  payable  ?  Give  the  drawer's  entry  for  a  time  draft.  Give  the 
payee's  entry.  Give  the  drawee's  entry.  Give  an  illustration  of 
exchange.  State  the  acceptor's  liability.  State  the  drawer's  liability. 
State  the  mdorser's  liability.  In  case  of  dishonor,  who  may  recover, 
and  what  ?  What  will  be  done  when  a  drat't  is  dishonored  ?  How 
may  protest  be  avoided  if  desired  ?  Give  definition  and  requisites  of 
acceptance.  Explain  what  is  due  ijresentment  for  payment.  What  is 
the  usual  rate  of  bank  commission  for  collecting  drafts  ?  How  will 
you  ensure  the  collection  of  a  definite  sum  when  you  cannot  tell  how 
much  the  exchange  will  be?  Name  the  three  kinds  of  drafts. 
Explain  eich.  To  give  a  person  four  clear  days  to  pay  a  draft,  no 
matter  how  long  it  may  take  to  reach  him,  how  would  you  draw  it  ? 
To  give  him  fifteen  days  ?  To  give  him  three  days  ?  To  give  no 
time  ?  What  is  an  accommodation  draft  ?  What  expression  is  used 
to  describe  this  method  of  raising  money  ?     How  would  you  proceed 


51 

to  obtain  assistance  by  draft  to  retire  an  acceptance  or  note  ?  What 
is  the  object  of  a  bank  draft  ?  What  does  par  mean?  When  is  a 
draft  called  a  foreign  bill  of  exchange  ?  What  was  its  origin  ?  Give 
an  illustration  of  foreign  exchange.  How  many  bills  are  usually 
issued  in  a  set  of  exchange  ?  Why  is  more  than  one  issued?  Give 
the  form  of  the  first  bill  in  a  set  of  exchange  ?  The  second  ?  The 
third  ?  What  is  a  letter  of  credit  ?  What  is  a  circular  letter  of 
credit  ? 


QUESTIONS  FOR  REVIEW. 


CHEQUES. 


Give  a  definition  of  a  cheque.  Give  a  form.  How  is  a  cheque 
drawn  in  order  that  it  may  serve  as  a  receipt?  What  act  of  the 
payee  would  prove  payment  ?  Explain  what  is  an  accepted  cheque. 
What  officer  of  the  bank  accepts  it  ?  What  officer  of  the  bank 
pays  it  ?  How  is  a  cheque  payable  to  bearer  negotiated  ?  How 
is  a  cheque  payable  to  order  negotiated  ?  When  should  you  indorse 
a  cheque  ?  Why  should  cheques  be  numbered  ?  How  should 
cheques  be  preserved  ?  How  should  you  check  the  bank  account  ? 
If  a  discrepancy  exists  between  the  pass  book,  when  balanced,  and 
your  account,  how  do  you  find  the  cause  ?  State  a  simple  method 
of  keeping  daily  track  of  your  balance  in  bank.  What  is  the  rate 
of  exchange  charged  on  cheques  ?  When  is  it  charged  ?  Cheques 
payable  at  par  at  another  branch,  explain.  How  will  you  take 
precaution  against  fraud  ?  How  would  you  identify  a  payee  ? 
What  are  crossed  cheques  ?  Give  journal  entries  for  cheques. 
Put  checjues  through  the  cash  book.  State  two  important  points  in 
connection  with  Bills  Receivable  and  Bills  Payable  accounts. 


ONTARIO  BUSINESS  COLLEGE 

MOST  WIDELY  ATTENDED  BUSINESS  COLLEGE  IN  AMERICA. 

TWENTY-FIFTH  YEAR. 

W  B.  ROBINSON,  J.  W.  JOHNSON,  F.  C.  A,  Principals. 

COLhVTRIES  REPRESENTED  BY  THE  STUDENTS. 

South  America, 

DEMERARA  (BRITISH  GUIANA). 

The  West  Indies. 

TRINIDAD, 

BARBADOS, 

ST.  VINCENT, 

ANTIGUA, 

BERMUDA. 

TURK'S  ISLAND, 

GRENADA, 

Newfoundland, 

ST.  JOHN'S. 
FORTUNE  BAY. 

Canada, 

PRINCE  EDWARD  ISLAND, 

NOVA  SCOTIA, 

NEW  BRUNSWICK, 

QUEBEC, 

ONTARIO  (every  county), 

MANITOBA, 

ASSINIBOIA, 

ALBERTA, 

BRITISH  COLUMBIA. 

United  States, 

MAINE,  MASSACHUSETTS, 
NEW  HAMPSHIRE,  VERMONT, 
NEW  YORK  (City  and  State),  MICHIGAN, 
PENNSYLVANIA,  ILLINOIS, 
MINNESOTA,  WISCONSIN, 
MONTANA,  TP:XAS, 
CALIFORNIA,  DAKOTA, 
NEVADA,  WASHINGTON. 
The  high  standing  and  reputation  of  Ontario  Business  College,  Belle- 
ville, by  which  it  secures  an  attendance  unefpUed    in    any  similar  institution, 
have  been  attained    by    the    thoroughness  of   its    worlc    and    the   success  of  its 
graduates. 

Send  for  Circulars. 


"THE  CANADIAN  ACCOUNPANT," 

By  the   Principals  of  Ontario  Business  College. 


10th    EDITION    NOW    IN    PRESS, 


This  is  the  text  book  ot  Ontario  Business  College.  Belleville.  It 
is  the  most  comprehensive  and  practical,  and  most  easily  understood 
of  all  the  advanced  works  on  Book-keeping  and  Accounts  pub- 
lished, and  has  a  wider  demand  than  any  similar  book  published  in 
the  English  language. 

It  covers  the  ground  of  Book-keeping  by  Double  and  Single  Entry, 
Business  Forms  and  Papers,  Banking,  Business  Correspondence, 
Commercial  Law,  Practical  Computation,  etc.,  etc.,  and  illustrates 
and  explains  Counting  House  Work,  and  innumerable  Business 
Transactions,  not  dealt  with  in  any  similar  book. 

Extensive  practical  experience  in  office  work  in  Canada  and  the 
United  States,  practice  as  public  accountants,  and  the  management 
of  the  largest  and  most  successful  Business  College  in  the  Dominion 
are  among  thg  qualifications  of  the  Authors. 

It  is  the  best  Text  Book  for  the  Teacher  and  Student  of 
Accounts, 

It  is  the  best  Book  of  Reference  for  the  Practical  Accountant  and 
Extensive  Business  Man. 

It  is  a  Mine  of  Business  Knowledge  for  the  Country  Merchant. 

336  Octavo  Pages.     Price  $2.00  post  paid. 

Address,  ROBINSON  &  JOHNSON, 

Ontario  Business  College,  Belleville,  Ont.,  Canada. 


JUST    PUBLISHED. 


THE  SIXTH  EDITION  OF 

croiin^soisr's 


iBi 


B'S'  cr.   AV".   cromsrsoKT,   f.  c  -«^. 

The  first  portion  of  the  work  is  devoted  to  the  laws  affecting  Joint 
Stock  Companies,  and  to  the  methods  of  form-ng  tlicni. 

The  second  portion  of  the  work  illustrates  in  a  comprehensive 
manner  the  system  of  properly  recording  the  transactions  throughout 
a  year,  and  arriving  at  the  accurate  results,  auditing  and  presenting 
statements  of  the  business  of  a  Joint  Stock  Company,  by  methods 
which  the  author  has  matured  from  long  practical  knowledge  and 
experience  as  an  accountant  and  auditor  in  large  business  centres, 
and  later  as  a  teacher  of  accounts.  In  addition  to  this,  much 
valuable  information  is  given,  and  explanations  are  made  regarding 
technical  matters  specially  appertaining  to  Joint  Stock  Companies. 

Since  the  first  edition  was  published  the  author  has  had  the  most 
gratifying  evidence  from  all  parts  of  Canada  and  the  United  States, 
that  the  work  has  proved  to  be  what  it  was  intended  foi» — an  efficient 
aid  and  instructor  in  conducting  the  office  work  of  a  Joint  Stock 
Company.  The  sale  of  the  book  now  extends  from  the  Atlantic  to 
the  Pacific  throughout  both  countries.  The  evidence  of  its  merit  is 
the  fact  that  six  editions  have  been  issued  to  meet  the  demand 
for  it. 

In  the  present  edition,  as  in  previous  ones,  new  and  practical 
subjects  have  been  added,  and  others  enlarged  upon. 

The  work  contains  135  octavo  pages.     Price  $1.25,  post  paid. 

ADDRE.SS,  ROBINSON  &  JOHNSON, 

Ontario  Business  College, 
"— ~"  Belleville,  Ont. 


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