The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-11-25
DIGEST OF HAWAIIAN LAWS.
BY VI. ThOmpsOn, of the Honolulu
Bar.

NorARIEs PUBLIC, LAW MERCHANT, BILLS
AND NOTES, ETC.
Value received is often inserted, but is
not of any use in a negotiable bill Q
Mel, 213; 8 Met. Mass. 1858; Weat.,
277; 81 Penn, 500.
The direction TO place to the account
of some one, drawer, drawee, or third
person, is often added, but is unneces-
sary (Comyns. Dig. Merchant F, s. B.
& L., 398). As per advice, inserted IN a
bill, deprives the drawee OF authority TO
pay the bill until advised (Chitty, Bills,
1922. 1t should be subscribed by the
drawer, though it is sufficient if his name
| appear in the body of the instrument q
Id. Raym., 1876; ? Str, 500; Iowa,
| 81 II Barbr, 27), and should be adj
! dressed to the drawee by the Christian
name and surname, or by the full STYLE
of the firm q Paroles, S45 CHAT. Bills,
1867.
Provision may be made by the drawer,
and inserted as part of the bill, for APP
plying to another person, for a return
| without protest, or for limiting the dam
ages for re-eXchange, expenses, etc, in
case of the failure or refusal of the
drawee to accept, or to pay Chit.
Bills, 1887.
A bona fide holder of bill negotiated
before maturity merely as a security for
an antecedent debt is not affected, with
out notice, of equities or defenses be
tween the original parties (1O2 U. s., IA.
Acceptance of bill of exchange is an
engagement to pay the bill in money
when due a East, -; 10 Law Jour,
297; Byles on Bills, 2SS).
Acceptances are OF the following kinds ::
Absolute, which is positive engage
ment to pay the bill according to its
tenor.
Conditional, which is an undertaking
to pay the bill on a contingency. The
holder is not bound to receive such an
acceptance; but if he does receive it,
must observe its terms a NJ. &. S., 466 /;
/ Camp, 425; Wash. G. c., 4S5 Dan.
Neg. Inst, AID.
Express or absolute, which is an
undertaking in direct and express terms
to pay the bill
Implied, which is an undertaking to
pay the bill inferred from acts of a
character fairly to warrant such an in
ference.
Partial, which is one varying from the
tenor OF the bill. An acceptance to pay
part of the amount for which the bill is
drawn q Str, PA; > Wash. c. c., 1850,
! or to pay at different time IA Jur.,
3S6; % Miss, 376), or at different
place a NJ. & s., 1922, would be partial.
: Qualified, which is either conditional
or partial, and introduces variation III
the sum, time, mode, or place OF pay
ment q Dan. Neg. Inst, 40.
Supra protest, which is the acceptance
of the bill after protest for non-accept-
ance by. the drawee, for the honor OF the
drawer or particular indorser. When q
bill has been accepted supra protest fol
the honor of one party to the bill, it may
be accepted supra protest by another in
!, dividual for the honor of another
p, (Beames, Lex Mercatoria, 81; Camp
447).
D An acceptance must be made by the
Y drawee or some one authorized to act fol
g. him. The drawee must have capacity t.
e act and bind himself for the payment 0
the bill, or it may be treated as dishon
4 ored (Marius, %; 2 G. b.. As t.
Q when an acceptance by an agent, or al
officer of a corporation, ETC., on behalf o
= the company, will bind the agent or off
Ger personally (see Is Jur., 335; 20 Law
Jour-, 100; C. G. B., 766; 4 N. Y, 2OS
\ Mass, So. 1t may be made before tn,
:, bill is drawn, in which case it must be il
Y writing g Mass, l; Is Johns, 6;
e Wend., 545; 10 Penn. St., 453; Pet.
264; 2Wheat., &c; Story, 22). 1t ma,
Il be made after it is drawn and before i
i becomes due, which is the usual course
o or after it becomes due Il Ii. b., 313;
h Green, 33S), or even after previous re
frlsal to accept Is East, 514; l Mass.
1867. 1t must be made within twenty
: four hours after presentment, or tn,
: holder may treat the bill as dishonoreC
4 NNhIbC' O1 Dllto, 10y -Ai j <AliO DOll 10
= fusal to accept, the bill is at once dis
honored. and should be protested (Chitt
Bills, 217). 1t may be in writing on the
: bill itself or on another paper a East.
81, and it seems that the holder may
insist on having written acceptance
and in default thereof consider the bill
dishonored q Dan. Neg. Inst, 1866; Oh
it may be oral Il East, 81; 6 c. and j.
l 21S; l Wend., 522; % N. H., 1873; 81
e U. s., 400. An acceptance by telegraph
has been held good (S7 H., %; 100 Mass.
414).
The usual form is by writing "Ac
cepted" across the face of the bill and
e signing the acceptor's name Il Pars. on
e Contr., 223; 1 Mann. and r., 90), but
e the drawee's name alone is sufficient, OF
e any words of equivalent force to ac-
cepted (Byles' Bills, 147; Atk., GIL; 81
Pick, 3O7; 5 Md, 1861.
l Mauritius Sugar Market.
MAIrRTTTJ-S October 18TH