Form No. 110. HIRE OF FURNITURE, &C., WITH DAMAGES FOR ILL-USE. Plaintiff states: 1. That on the day of 18 , at , plaintiff rented to the defendant, and the defendant hired from the plaintiff, household furniture, plate, pictures, and books, the property of the plaintiff, to wit (describe the articles), for the space of then next ensuing, to be returned by him to the plaintiff at the expiration of that time in good condition, reasonable wear and tear thereof excepted. Rs. 2. That he promised to pay the plaintiff for the use thereof (in equal quarterly instalments on thereafter). 3. That no part thereof has been paid. days of 4. That the value of the property so hired by the defendant as above alleged was Rs. 5. That the defendant in violation of his said agreement to return. the same in good condition neglected the same, and through his negligence, carelessness, and ill-use, the same became broken, defaced, and injured, beyond the reasonable wear thereof, and in that condition were returned to plaintiff to his damage Rs. SECOND SUB-DIVISION. SUITS UPON INSTRUMENTS FOR THE PAYMENT OF MONEY ONLY. CHAPTER I. BILLS OF EXCHANGE AND CHEQUES. Form No. III. FOREIGN BILL-PAYEE AGAINST DRAWER FOR NON-ACCEPTANCE. of exchange, drawn in Calcutta, and directed to E F, required the said EF to pay to the plaintiff in London days after sight. pounds sterling 2. That on the day of 18, the same was duly pre sented to the said E F for acceptance, but was not accepted, and was thereupon duly protested for non-acceptance. 3. That due notice thereof was given to the defendant. 4. That he has not paid the same. Consideration.—It is not necessary to state the consideration in the bill, that will be presumed.* as Date.-The omission to date a bill can be rectified by verbal evidence of the true date. Every negotiable instrument bearing a date shall be presumed to have been made or drawn on such date.† Bill When Payable.-When no time for payment is specified in a bill, note, or cheque, it is payable on demand.‡ Option of Holder.-When the drawer and drawee is the same person, or the drawee is a fictitious person, or a person not having capacity to contract, the holder of a bill may at his option treat the instrument either as a bill of exchange or as a promissory note.§ Limitation. In a suit on a bill of exchange payable at a fixed time after sight or after demand, three years from the time when the time fixed expires. Where it is payable at sight, or after sight, but not at a fixed time, three years from the time when the bill is presented. Where it is payable on demand, and is not accompanied by any writing restraining the right to sue, three years from the date of the bill. In suits on bills not expressly provided for, three years from the time when the bill becomes payable.†† In a suit by the acceptor of an accommodation bill against the drawer, three years from the time when the acceptor pays the amount.‡‡ Neg. Inst. Act, 1881, s. 118, cl. (a); Hatch v. Trayes, 11 A. and E. 702. † Neg. Inst. Act, 1881, s. 118, cl. (b). Neg. Inst. Act, 1881, s. 19. § Smith v. Bellamy, 2 Stark 223; Miller v. Thomson, 2 M. and G. 576. Form No. 112. FOREIGN BILL-PAYEE AGAINST ACCEPTOR. Plaintiff states : 1. That on the day of his bill of exchange, now overdue, directed to the defendant, required defendant to pay to the plaintiff Rs. days after sight. Acceptance where to be placed.-An acceptance written on the back of a bill is sufficient." Form No. 113. INLAND BILL-DRAWER AGAINST ACCEPTOR FOR NON-PAYMENT. Plaintiff states: 1. That on the day of 18 at the plaintiff by his bill of exchange, now overdue, required the defendant to pay to him Rs. days after date (or sight) thereof. 2. That defendant accepted the said bill. 3. That he has not paid the same. 4. That by reason thereof the plaintiff incurred expenses in and about the presenting and noting of the bill and incidental to the dishonour thereof. Inland Bill Defined.-A promissory note, bill of exchange, or cheque, drawn or made in British India, and made payable in, or drawn upon any person resident in, British India, shall be deemed to be an inland instrument.† Form No. 114. THE SAME-BILL RETURNED AND TAKen up, Plaintiff states :— 1. That on the day of by his bill of exchange, directed to the defendant, required the defendant to pay to one A B or order Rs. * Young". Glover, per Lord Campbell, 3 Jur., N. 8., 637. 3. That the defendant accepted the said bill. 4. That at maturity the same was presented for payment, but was the plaintiff for non-payment, and the plaintiff as drawer thereof was compelled to take up the same, and to pay to the holder thereof the sum of Rs. , being the amount of said bill with damages and by his bill of exchange, directed to C D, required the said C D to pay sented to the said C D for acceptance (or payment), but was not accepted (or paid). 3. That due notice thereof was given to the defendant. 4. That he has not paid the same. Limitation.—In a suit by the payee against the drawer of a bill which has been dishonoured by non-acceptance, three years from the date of the refusal to accept.* ant made and accepted and delivered to the plaintiff his bill of exchange, of which the following is a copy (copy of the bill and acceptance). 2. That he has not paid the same. Art. 78, Limitation Act, 1877. Form No. 117. INLAND BILL-PAYEE AGAINST ACCEPTOR. Plaintiff states: 1. That on the day of a bill of exchange, now over-due, made (or purporting to have been ing the defendant to pay to the plaintiff Rs. his bill of exchenge, dated on that day, required the defendants to pay NOTE.-If the acceptance varies as to time or place from the bill, state the same as, "defendant accepted said bill payable at bill, or otherwise, as the case may be. days after the date of the Form No. 119. BY ACCEPTOR WITHOUT FUNDS AGAINST DRAWER. Plaintiff states : 1. That on the day of 18 at , the defendant drew his bill of exchange, and directed the same to the plaintiff at by which bill of exchange the said defendant requested the plaintiff to pay to the order of said defendant four months after date the sum of Rs. for value received. 2. That the plaintiff accepted said draft, and paid the same at maturity. |