326 BILLS OF EXCHANGE AND PROMISSORY NOTES. [ART. 13

by reason of his inability, from any cause, to produce such
instrument in evidence at the trial, or surrender the. same to
the defendant; provided always, that the absence of such
instrument shall be sufficiently accounted for, under the ordi-
nary rules of evidence, to allow the introduction of secondary
proof of the contents thereof at the trial; and that no judg-
ment thereupon shall be entered for the plaintiff in such suit,
until a good and sufficient bond shall have been first filed
therein by the plaintiff, or on his behalf, in such penalty and
with such surety or sureties as the court shall approve, condi-
tioned to hold and keep the defendant harmless, upon satisfac-
tion of the judgment by him, to the same effect and intent
as if said missing instrument were then and there produced
and surrendered to him; and the costs in all such cases shall
be adjudged by the court, in its discretion, as may be equitable.
Ches. & Ohio Canal Co. v. Blair, 45 Md. 112.

1888, art. 13, sec. 12. 1888, ch. 484. 1896,' ch. 106.

12. On all notes, drafts, checks, acceptances, bills of exchange,
bonds, or other evidences of indebtedness, made,' drawn or
accepted by any person or corporation after the 27th day of
March, 1896, and in which there is no expressed stipulation to
the contrary, no grace according to the custom of merchants
shall be allowed, but the same shall be due and payable, as
therein expressed, without grape.

NEGOTIABLE INSTRUMENTS ACT.

CHAPTER I—General Provisions.

1898, ch. 119.

13. This act, consisting of sections 13 to 208, both inclusive,
of this.article, shall be known as the negotiable instruments
law.

14. In this act, unless the context otherwise requires:

"Acceptance" means an acceptance completed by delivery or
notification.

"Action" includes counter-claim and set-off.

" Bank " includes any person or association of persons carry-
ing on the business of banking, whether incorporated or not.

"Bearer" means the person in possession of a bill or note
which is payable to bearer.

"Bill" means bill of exchange, and "note" means negotiable
promissory note.