Pyramids is a game entirely of winning hazards, and he who succeeds in pocketing the greatest number of balls wins. Usually the pyramid is made of fifteen red or coloured balls, with the striking ball white. This white ball is common to both players. Having decided on the lead, the first player, placing his ball in the baulk-semicircle, strikes it up to the pyramid, with a view either to lodge a ball in a pocket or to get the white safely back into baulk. Should he fail to pocket a red ball, the other player goes on and strikes the white ball from the place at which it stopped. When either succeeds in making a winning hazard, he plays at any other ball he chooses, and continues his break till he ceases to score; and so the game is continued by alternate breaks until the last red ball is pocketed. The game is commonly played for a stake upon the whole, and a proportionate sum upon each ball or life—as, for instance, 3s. game and 1s. balls. The player wins a life by pocketing a red ball or forcing it over the table; and loses a life by running his own, the white, ball into a pocket, missing the red balls, or intentionally giving a miss. In this game the baulk is no protection; that is to say, the player can pocket any ball wherever it lies, either within or without the baulk line, and whether the white be in hand or not. This liberty is a great and certain advantage under many circumstances, especially in the hands of a good player. It is not a very uncommon occurrence for an adept to pocket six or eight balls in a single break. Both Cook and Roberts have been known, indeed, to pocket the whole fifteen. If four persons play at pyramids, the rotation is decided by chance, and each plays alternately—partners, as in billiards, being allowed to advise each other, each going on and continuing to play as long as he can, and ceasing when he misses a hazard. Foul strokes are reckoned as in billiards, except as regards balls touching each other. If two balls touch, the player proceeds with his game and scores a point for every winning hazard. When all the red balls but one are pocketed, he who made the last hazard plays with the white and his opponent with the red; and so on alternately, till the game terminates by the holing of one or other ball. The pyramid balls are usually a little smaller than the billiard balls; the former are about 2 in. in diameter, the latter 21⁄16in. to 21⁄8in.Losing Pyramids, seldom played, is the reverse of the last-named game, and consists of losing hazards, each player using the same striking ball, and taking a ball from the pyramid for every losing hazard. As in the other game, the baulk is no protection. Another variety of pyramids is known asShell-out, a game at which any number of persons may play. The pyramid is formed as before, and the company play in rotation. For each winning hazard the striker receives from each player a small stake, and for each losing hazard he pays a like sum, till the game is concluded, by pocketing the white or the last coloured ball.
Pyramids is a game entirely of winning hazards, and he who succeeds in pocketing the greatest number of balls wins. Usually the pyramid is made of fifteen red or coloured balls, with the striking ball white. This white ball is common to both players. Having decided on the lead, the first player, placing his ball in the baulk-semicircle, strikes it up to the pyramid, with a view either to lodge a ball in a pocket or to get the white safely back into baulk. Should he fail to pocket a red ball, the other player goes on and strikes the white ball from the place at which it stopped. When either succeeds in making a winning hazard, he plays at any other ball he chooses, and continues his break till he ceases to score; and so the game is continued by alternate breaks until the last red ball is pocketed. The game is commonly played for a stake upon the whole, and a proportionate sum upon each ball or life—as, for instance, 3s. game and 1s. balls. The player wins a life by pocketing a red ball or forcing it over the table; and loses a life by running his own, the white, ball into a pocket, missing the red balls, or intentionally giving a miss. In this game the baulk is no protection; that is to say, the player can pocket any ball wherever it lies, either within or without the baulk line, and whether the white be in hand or not. This liberty is a great and certain advantage under many circumstances, especially in the hands of a good player. It is not a very uncommon occurrence for an adept to pocket six or eight balls in a single break. Both Cook and Roberts have been known, indeed, to pocket the whole fifteen. If four persons play at pyramids, the rotation is decided by chance, and each plays alternately—partners, as in billiards, being allowed to advise each other, each going on and continuing to play as long as he can, and ceasing when he misses a hazard. Foul strokes are reckoned as in billiards, except as regards balls touching each other. If two balls touch, the player proceeds with his game and scores a point for every winning hazard. When all the red balls but one are pocketed, he who made the last hazard plays with the white and his opponent with the red; and so on alternately, till the game terminates by the holing of one or other ball. The pyramid balls are usually a little smaller than the billiard balls; the former are about 2 in. in diameter, the latter 21⁄16in. to 21⁄8in.
Losing Pyramids, seldom played, is the reverse of the last-named game, and consists of losing hazards, each player using the same striking ball, and taking a ball from the pyramid for every losing hazard. As in the other game, the baulk is no protection. Another variety of pyramids is known asShell-out, a game at which any number of persons may play. The pyramid is formed as before, and the company play in rotation. For each winning hazard the striker receives from each player a small stake, and for each losing hazard he pays a like sum, till the game is concluded, by pocketing the white or the last coloured ball.
Pool, a game which may be played by two or more persons, consists entirely of winning hazards. Each player subscribes a certain stake to form the pool, and at starting has three chances or lives. He is then provided with a coloured or numbered ball, and the game commences thus:—The white ball is placed on the spot and the red is played at it from the baulk semicircle. If the player pocket the white he receives the price of a life from the owner of the white; but if he fail, the next player, the yellow, plays on the red; and so on alternately till all have played, or till a ball be pocketed. When a ball is pocketed the striker plays on the ball nearest his own, and goes on playing as long as he can score.
The order of play is usually as follows:—The white ball is spotted; red plays upon white; yellow upon red; then blue, brown, green, black, and spot-white follow in the order of succession named, white playing on spot-white. The order is similar for a larger number, but it is not common for more than seven or eight to join in a pool. The playerwinsa life for every ball pocketed, and receives the sum agreed on for each life from the owner of that ball. Helosesa life to the owner of the ball he plays on and misses; or by making a losing hazard after striking such ball; by playing at the wrong ball, by running a coup; or by forcing his ball over the table. Rules governing the game provide for many other incidents. A ball in baulk may be played at by the striker whose ball is in hand. If the striker’s ball be angled—that is, so placed in the jaws of the pocket as not to allow him to strike the previously-played ball—he may have all the balls except his own and the object ball removed from the table to allow him to try bricole from the cushion. In some clubs and public rooms an angled ball is allowed to be moved an inch or two from the corner; but with a ball so removed the player must not take a life. When the striker loses a life, the next in rotation plays at the ball nearest his own; but if the player’s ball happen to be in hand, he plays at the ball nearest to the centre spot on the baulk line, whether it be in or out of baulk. In such a case the striker can play from any part of the semicircle. Any ball lying in the way of the striker’s ball, and preventing him from taking fair aim and reaching the object-ball, must be removed, and replaced after the stroke. If there be any doubt as to the nearest ball, the distance must be measured by the marker or umpire; and if the distance be equal, the ball to be played upon must be decided by chance. If the striker first pocket the ball he plays on and then runs his own into a pocket, he loses a life to the player whose ball he pocketed, which ball is then to be considered in hand. The first player who loses all his three lives can “star”; that is, by paying into the pool a sum equal to his original stake, he is entitled to as many lives as the lowest number on the marking board. Thus if the lowest number be 2, he stars 2; if 1, he stars 1. Only one star is allowed in a pool; and when there are only two players left in, no star can be purchased. The price of each life must be paid by the player losing it, immediately after the stroke is made; and the stake or pool is finally won by the player who remains longest in the game. In the event, however, of the two players last left in the pool having an equal number of lives, they may either play for the whole or divide the stake. The latter, the usual course, is followed except when the combatants agree to play out the game. When three players are left, each with one life, and the striker makes a miss, the two remaining divide the pool without a stroke—this rule being intended to meet the possible case of two players combining to take advantage of a third. When the striker has to play, he may ask which ball he has to play at, and if being wrongly informed he play at the wrong ball, he does not lose a life. In clubs and public rooms it is usual for the marker to call the order and rotation of play: “Red upon white, and yellow’s your player”; and when a ball has been pocketed the fact is notified—“Brown upon blue, and green’s your player, in hand”; and so on till there are only two or three players left in the pool.There are some varieties of the game which need brief mention.Single Poolis the white winning hazard game, played for a stake and so much for each of three or more lives. Each person has a ball, usually white and spot-white. The white is spotted, and the other plays on it from the baulk-semicircle; and then each plays alternately, spotting this ball after making a hazard. For each winning hazard the striker receives a life; for each losing hazard he pays a life; and the taker of the three lives wins the game. No star is allowed in single pool. The rules regulating pool are observed.Nearest-Ball Poolis played by any number of persons with the ordinary coloured balls, and in the same order of succession. All the rules of pool are followed, except that the baulkisa protection. The white is spotted, and the red plays on it; after that each striker plays upon the ball nearest the upper or outer side of the baulk-line; but if the balls lie within the baulk-line, and the striker’s ball be in hand, he must play up to the top cushion, or place his ball on the spot. If his ball be not in hand, he plays at the nearest ball, wherever it may lie.Black Pool.—In this game, which lasts for half-an-hour, there are no lives, the player whose ball is pocketed paying the stake to the pocketer. Each player receives a coloured ball and plays in order as in “Following Pool,” the white ball being spotted; there is, in addition, however, a black ball, which is spotted on the centre-spot. When a player has taken a life he may—in some rooms and clubsmust—play on the black ball. If he pockets it he receives a stake from each player, paying a stake all round if he misses it, or commits any of the errors for which he would have to pay at “Following Pool.” The black ball cannot be taken in consecutive strokes. Sometimes a pink ball, spotted on the pyramid spot, is added and a single stake is paid all round to the man who pockets it, and a double stake on the black; it is also permitted in some rooms to take blacks and pinks alternately without pocketing a coloured ball between the strokes. Again it is the custom in certain rooms to let a player, after the first round, play on any ball. The game is more amusing when as much freedom is allowed as possible, so that the taking of lives may be frequent. At the end of the half-hour the marker announces at the beginning of the round that it is the last round. White, who lost a stroke at the beginning by being spotted, has the last stroke. If a player wishes to enter the game during its progress his ball is put on the billiard-spot just before white plays, and he takes his first stroke at the end of the round.Snooker Pool.—This is a game of many and elaborate rules. In principle it is a combination of pyramids and pool. The white ball is the cue-ball for all players. The pyramid balls, set up as in pyramids, count one point each, the yellow ball two points, green ball three, and so on. The black is put on the billiard-spot, the pink on the centre-spot, blue below the apex ball of the pyramid; brown, green and yellow on the diameter of the semicircle, brown on the middle spot, green on the right corner spot of the D, yellow on the left. The players, having decided the order of play, generally by distributing the pool balls from the basket, and playing in the order of colours as shown on the marking board, are obliged to strike a red ball first. If it is pocketed, the player scores one and is at liberty to play on any of the coloured balls; though in some clubs he is compelled to play on the yellow. If he pockets a coloured ball he scores the number of points which that ball is worth, and plays again on a red ball, the coloured ball being replaced on its spot, and so on; but a red ball must always be pocketed before a more valuable ball can be played at. When all the red balls have been pocketed—none are put back on the table as at pyramids—the remaining ballsmustbe pocketed in the pool order and are not replaced. Thepenalties for missing a ball, running into a pocket, &c., are deducted from the player’s score; they correspond to the values of the balls, one point if the red be missed, two if the yellow be missed, &c. If, before hitting the proper ball, the player hits one of a higher value, the value of that ball is deducted from his score, but there is no further penalty. A player is “snookered” if his ball is so placed that he cannot hit a ball on which he is compelled to play. In this case he is allowed in some rooms to give a miss, but in such a way that the next player is not snookered; in others he must make abona fideattempt to hit the proper ball off the cushion, being liable to the usual penalty if in so doing he hits a ball of higher value. In some rooms it is considered fair and part of the game to snooker an opponent deliberately; in others the practice is condemned. The rules are so variable in different places that even the printed rules are not of much value, owing to local by-laws.Among other games of minor importance, being played in a less serious spirit than those mentioned, areSelling Pool, Nearest Ball Pool, Cork PoolandSkittle Pool. The directions for playing them may be found inBilliards(Badminton Library series).
The order of play is usually as follows:—The white ball is spotted; red plays upon white; yellow upon red; then blue, brown, green, black, and spot-white follow in the order of succession named, white playing on spot-white. The order is similar for a larger number, but it is not common for more than seven or eight to join in a pool. The playerwinsa life for every ball pocketed, and receives the sum agreed on for each life from the owner of that ball. Helosesa life to the owner of the ball he plays on and misses; or by making a losing hazard after striking such ball; by playing at the wrong ball, by running a coup; or by forcing his ball over the table. Rules governing the game provide for many other incidents. A ball in baulk may be played at by the striker whose ball is in hand. If the striker’s ball be angled—that is, so placed in the jaws of the pocket as not to allow him to strike the previously-played ball—he may have all the balls except his own and the object ball removed from the table to allow him to try bricole from the cushion. In some clubs and public rooms an angled ball is allowed to be moved an inch or two from the corner; but with a ball so removed the player must not take a life. When the striker loses a life, the next in rotation plays at the ball nearest his own; but if the player’s ball happen to be in hand, he plays at the ball nearest to the centre spot on the baulk line, whether it be in or out of baulk. In such a case the striker can play from any part of the semicircle. Any ball lying in the way of the striker’s ball, and preventing him from taking fair aim and reaching the object-ball, must be removed, and replaced after the stroke. If there be any doubt as to the nearest ball, the distance must be measured by the marker or umpire; and if the distance be equal, the ball to be played upon must be decided by chance. If the striker first pocket the ball he plays on and then runs his own into a pocket, he loses a life to the player whose ball he pocketed, which ball is then to be considered in hand. The first player who loses all his three lives can “star”; that is, by paying into the pool a sum equal to his original stake, he is entitled to as many lives as the lowest number on the marking board. Thus if the lowest number be 2, he stars 2; if 1, he stars 1. Only one star is allowed in a pool; and when there are only two players left in, no star can be purchased. The price of each life must be paid by the player losing it, immediately after the stroke is made; and the stake or pool is finally won by the player who remains longest in the game. In the event, however, of the two players last left in the pool having an equal number of lives, they may either play for the whole or divide the stake. The latter, the usual course, is followed except when the combatants agree to play out the game. When three players are left, each with one life, and the striker makes a miss, the two remaining divide the pool without a stroke—this rule being intended to meet the possible case of two players combining to take advantage of a third. When the striker has to play, he may ask which ball he has to play at, and if being wrongly informed he play at the wrong ball, he does not lose a life. In clubs and public rooms it is usual for the marker to call the order and rotation of play: “Red upon white, and yellow’s your player”; and when a ball has been pocketed the fact is notified—“Brown upon blue, and green’s your player, in hand”; and so on till there are only two or three players left in the pool.
There are some varieties of the game which need brief mention.
Single Poolis the white winning hazard game, played for a stake and so much for each of three or more lives. Each person has a ball, usually white and spot-white. The white is spotted, and the other plays on it from the baulk-semicircle; and then each plays alternately, spotting this ball after making a hazard. For each winning hazard the striker receives a life; for each losing hazard he pays a life; and the taker of the three lives wins the game. No star is allowed in single pool. The rules regulating pool are observed.
Nearest-Ball Poolis played by any number of persons with the ordinary coloured balls, and in the same order of succession. All the rules of pool are followed, except that the baulkisa protection. The white is spotted, and the red plays on it; after that each striker plays upon the ball nearest the upper or outer side of the baulk-line; but if the balls lie within the baulk-line, and the striker’s ball be in hand, he must play up to the top cushion, or place his ball on the spot. If his ball be not in hand, he plays at the nearest ball, wherever it may lie.
Black Pool.—In this game, which lasts for half-an-hour, there are no lives, the player whose ball is pocketed paying the stake to the pocketer. Each player receives a coloured ball and plays in order as in “Following Pool,” the white ball being spotted; there is, in addition, however, a black ball, which is spotted on the centre-spot. When a player has taken a life he may—in some rooms and clubsmust—play on the black ball. If he pockets it he receives a stake from each player, paying a stake all round if he misses it, or commits any of the errors for which he would have to pay at “Following Pool.” The black ball cannot be taken in consecutive strokes. Sometimes a pink ball, spotted on the pyramid spot, is added and a single stake is paid all round to the man who pockets it, and a double stake on the black; it is also permitted in some rooms to take blacks and pinks alternately without pocketing a coloured ball between the strokes. Again it is the custom in certain rooms to let a player, after the first round, play on any ball. The game is more amusing when as much freedom is allowed as possible, so that the taking of lives may be frequent. At the end of the half-hour the marker announces at the beginning of the round that it is the last round. White, who lost a stroke at the beginning by being spotted, has the last stroke. If a player wishes to enter the game during its progress his ball is put on the billiard-spot just before white plays, and he takes his first stroke at the end of the round.
Snooker Pool.—This is a game of many and elaborate rules. In principle it is a combination of pyramids and pool. The white ball is the cue-ball for all players. The pyramid balls, set up as in pyramids, count one point each, the yellow ball two points, green ball three, and so on. The black is put on the billiard-spot, the pink on the centre-spot, blue below the apex ball of the pyramid; brown, green and yellow on the diameter of the semicircle, brown on the middle spot, green on the right corner spot of the D, yellow on the left. The players, having decided the order of play, generally by distributing the pool balls from the basket, and playing in the order of colours as shown on the marking board, are obliged to strike a red ball first. If it is pocketed, the player scores one and is at liberty to play on any of the coloured balls; though in some clubs he is compelled to play on the yellow. If he pockets a coloured ball he scores the number of points which that ball is worth, and plays again on a red ball, the coloured ball being replaced on its spot, and so on; but a red ball must always be pocketed before a more valuable ball can be played at. When all the red balls have been pocketed—none are put back on the table as at pyramids—the remaining ballsmustbe pocketed in the pool order and are not replaced. Thepenalties for missing a ball, running into a pocket, &c., are deducted from the player’s score; they correspond to the values of the balls, one point if the red be missed, two if the yellow be missed, &c. If, before hitting the proper ball, the player hits one of a higher value, the value of that ball is deducted from his score, but there is no further penalty. A player is “snookered” if his ball is so placed that he cannot hit a ball on which he is compelled to play. In this case he is allowed in some rooms to give a miss, but in such a way that the next player is not snookered; in others he must make abona fideattempt to hit the proper ball off the cushion, being liable to the usual penalty if in so doing he hits a ball of higher value. In some rooms it is considered fair and part of the game to snooker an opponent deliberately; in others the practice is condemned. The rules are so variable in different places that even the printed rules are not of much value, owing to local by-laws.
Among other games of minor importance, being played in a less serious spirit than those mentioned, areSelling Pool, Nearest Ball Pool, Cork PoolandSkittle Pool. The directions for playing them may be found inBilliards(Badminton Library series).
French and American Billiards.—French and American billiards is played on a pocketless table, the only kind of table that is used in France, though the English table with six pockets is also occasionally to be found in America. For match purposes the table used measures 10 ft. by 5 ft., but in private houses and clubs 9 ft. by 4¼ ft. is the usual size, while tables 8 ft. by 4 ft. are not uncommon. The balls, three in number as in English billiards, measure from 2¼ to 23⁄8in., the latter being “match” size. Since they are both larger and heavier than the English balls, the cues are somewhat heavier and more powerful, so that better effects can be produced by means of “side,” masses, &c. Only cannons (called in America “caroms,” in Frenchcaramboles) are played, each counting one point.
The three-ball carom game is the recognized form of American billiards. The table is marked with a centre-spot, “red” spot and “white” spot. The first is on the centre of an imaginary line dividing the table longitudinally into halves; the red (for the red ball) and white spots are on the same line, half-way between the centre-spot and the end cushions, the white spot being on the string-line (corresponding to the English baulk-line). The right to play first is decided, as in England, by “stringing.” The opponent’s white ball and the red ball being spotted, the player plays from within the imaginary baulk-line. Each carom counts one point; a miss counts one to the opponent. A ball is re-spotted on its proper spot if it has been forced off the table. Should red be forced off the table and the red spot be occupied, it is placed on the white spot. White under similar conditions is set on the red spot. The centre spot is only used when, a ball having been forced off the table, both spots are occupied. If a carom be made, and the ball afterwards jumps off the table, it is spotted and the count allowed. If the striker moves a ball not his own before he strikes, he cannot count but may play for safety. If he does so after making a carom the carom does not count, he forfeits one, and his break is ended. If he touches his own ball before he plays, he forfeits a point, and cannot play the stroke. Should he, however, touch his ball a second time, the opponent has the option of having the balls replaced as exactly as possible, or of playing on them as they are left. It is a foul stroke to play with the wrong ball, but if the offence is not detected before a second stroke has been made, the player may continue.Such long runs of caroms, chiefly “on the rail” along the cushion, have been made by professional players (H. Kerkau, the German champion, making 7156 caroms in 1901 at Zürich), that various schemes have been devised to make the game more difficult. One of these is known as the “continuous baulk-line.” Lines are drawn, 8, 14, 18 or even 22 in. from the rails, parallel to the side of the table, forming with them eight compartments. Of these 14 and 18 are the most general. Only one, two or three caroms, as previously arranged, are allowed to be made in every space, unless one at least of the object-balls is driven over a line. In the space left in the middle of the table any number of caroms may be made without restriction. In the case of theTriangular Baulk-line, lines are drawn at the four corners from the second “sight” on the side-rails to the first sight on the end-rails, forming four triangles within which only a limited number of caroms may be made, unless one object-ball at least be driven outside one of the lines. TheAnchor Baulk-lineswere devised to checkmate the “anchor” shot, which consisted in getting the object-balls on the rail, one on either side of a baulk-line, and delicately manipulating them so as to make long series of caroms; each ball being in a different compartment, neither had to be driven over a line. The “anchor baulk-lines” form a tiny compartment, 6 in. by 3, and are drawn at the end of a baulk-line where it touches the rail and so divides the compartment into two squares. Only one shot is allowed in this “anchor-space,” unless a ball be driven out of it. By these methods, “crotching” (getting them jammed in a corner) the balls, and long series of rail-caroms were abolished. The push-stroke is strictly forbidden.TheCushion Caromgame is a variety of the ordinary three-ball game, in which no carom counts unless the cue-ball touches a cushion before the carom is completed. There is alsoThree-Cushion Carom, which is explained by its title, and theBank-Shotgame, in which the cue-ball must touch a cushion before it strikes either ball. The cushion carom games are often used in handicapping, other methods of which are for the better player to make a certain number of caroms “or no count,” and for the weaker to receive a number of points in the game.In France billiards was played exclusively by the aristocracy and the richer middle class until the first part of the 17th century, when the privilege of keeping billiard-rooms was accorded to thebillardiers paulmiers, and billiards became the principal betting game and remained so until the time of Louis Philippe. The most prominent French player of late years is Maurice Vignaux. The French game became the accepted one in the United States about 1870, and the best American players have proved themselves superior to the French masters with the exception of Vignaux. The best-known American masters have been M. Daly, Shaafer, Slosson, Carter, Sexton and Frank C. Ives, doubtless the most brilliant player who ever lived. His record for the 18-in. baulk-line game was an average of 50, with a high run of 290 points. In cushion-caroms he scored a run of 85.The four-ball game, the original form of American billiards, is practically obsolete. It was formerly played on an English six-pocket table, with a dark-red and a light-red ball and two white ones. At present when played an ordinary table is used, the rules being identical with those of the three-ball game.Poolis played in America on a six-pocket table with fifteen balls, each bearing a number. There are several varieties of the game, the most popular beingContinuous Pool, an expanded form ofFifteen-Ball Pool, in which the balls are set up as in English pyramids, the game being won by the player pocketing the majority of the fifteen balls, each ball counting one point, the numbers being used only to distinguish them, as a player must always name, or “call,” the ball he intends to pocket and the pocket into which he will drive it. The player who “breaks” (plays first) must send at least two balls to the cushion or forfeit three points. The usual method is to strike a corner ball just hard enough to do this but not hard enough to break up the balls, as in that case the second player would have too great an advantage. Balls pocketed by chance in the same play in which a called ball has been legitimately put down are counted; all others pocketed by accident are replaced on the table. In Fifteen-Ball Pool each frame (fifteen balls) constitutes a game. In Continuous Pool the game is for a series of points, generally 100, the balls being set up again after each frame and the player pocketing the last ball having the choice whether to break or cause his opponent to do so.The balls in Fifteen-Ball Pool are generally all of one colour, usually red. InPyramid Poolthey are parti-coloured as well as numbered, and the game, which usually consists of a single frame, is won by the player who, when all fifteen balls have been pocketed, has scored the greatest aggregate of the numbers on the balls. InChicago Pooleach frame constitutes a game and is won by the player scoring the highest aggregate of numbers on the balls, which are set up round the cushion opposite the diamond sights, the 1 being placed in the middle of the top cushion, opposite the player, with the odd-numbered balls on the player’s left and those with even numbers on his right. The arrangement of the balls, however, varies and is not important. Each player must strike the lowest-numbered ball still on the table, forfeiting the number of points represented by the ball should his ball first hit any other ball, or should he pocket his own ball. If he pockets the proper ball all others that fall into pockets on that play count for him also. Missing the ball played at forfeits three points (sometimes the number on the ball played at), as well as fouls of all kinds.Bottle Poolis played with a cue-ball, the 1 and 2 pool-balls and the leather pool-bottle, which is stood upon its mouth in the middle of the table. A carom on two balls counts 2 points; pocketing the 1-ball counts 1; pocketing the 2-ball counts 2; upsetting bottle from carom counts 5; upsetting bottle to standing position counts 10, or, in many clubs, the game is won when this occurs. Otherwise the game is for 31 points, which number must be scored exactly, a player scoring more than that number being “burst,” and having to begin over again. There are many penalties of one point, such as missing the object-ball, foul strokes, forcing a ball or the bottle off the table, pocketing one’s own ball and upsetting the bottle without hitting a ball. The game ofThirty-Fouris played without a bottle, the scoring being by caroms or pocketing the two object-balls. Exactly 34 must be scored or the player is “burst.”High-Low-Jack-Gameis played with a set of pyramid balls by any number of players, the order of starting being determined by distributing the small balls from the pool-bottle. The 15-ball is High, the 1 Low, the 9 Jack, and the highest aggregate of numbers is the game, each of these four counting one point, the game consisting of seven points, and therefore lasting at least for two frames. The balls are set up with the three counting balls in the centre and broken as in pyramids, although balls accidentally falling into pockets count for the player, on which account the balls are sometimes broken as violently as possible. When two or more playershave the same score the High ball wins before the Low, &c., as in the card game of the same title.Pin Poolis played with two white balls, one red and five small pins set up in diamond form in the centre of the table with the pin counting 5 (the king-pin) in the middle, the pins being 3 in. apart. Each player is given a small ball from the bottle and this he keeps secret until he is able to announce that his points, added to the number on his small ball, amount to exactly 31. If he “bursts” he must begin again. Points are made only by knocking down pins, which are numbered 1 to 5. Should a player knock down with one stroke all four outside pins, leaving the 5-pin-standing, it is a “natural” and he wins the game.Besides these common varieties of pool there are many others which are played in different parts of America, many of them local in character.Bibliography.—The scientific features of billiards have been discussed at more or less length in several of the following older works:—E. White,Practical Treatise on the Game of Billiards(1807), this was partly a translation of a French treatise, published in 1805, and partly a compilation from the article in theAcadémie universelle des jeux, issued in the same year, and since frequently re-edited and reprinted;Le Musée des jeux(Paris, 1820); Monsieur Mingaud,The Noble Game of Billiards(Paris, 1834); a translation of the same, by John Thurston (London, 1835); Kentfield,On Billiards(London, 1839), founded principally on the foregoing works: Edward Russell Mardon,Billiards, Game 500 up(London, 1849); Turner,On Billiards, a series of diagrams with instructions (Nottingham, 1849); Captain Crawley,The Billiard Book(London, 1866-1875); Roberts,On Billiards(1868); Fred. Hardy,Practical Billiards, edited by W. Dufton (1867); Joseph Bennett (ex-champion),Billiards(1873). These older books, however, are largely superseded by such modern authorities as the following:—J. Roberts,The Game of Billiards(London, 1898); W. Cook,Billiards(Burroughes & Watts); J.P. Buchanan,Hints on Billiards(Bell & Sons);Modern Billiards(The Brunswick—Balke—Collender Co., New York); Broadfoot,Billiards, Badminton Library (Longmans); Locock,Side and Screw(Longmans); M. Vignaux,Le Billiard(Paris, 1889); A. Howard Cady,Billiards and Pool(Spalding’s Home Library, New York); Thatcher,Championship Billiards, Old and New(Chicago, 1898). For those interested in the purely mathematical aspect of the game, Hemming,Billiards Mathematically Treated, (Macmillan).
The three-ball carom game is the recognized form of American billiards. The table is marked with a centre-spot, “red” spot and “white” spot. The first is on the centre of an imaginary line dividing the table longitudinally into halves; the red (for the red ball) and white spots are on the same line, half-way between the centre-spot and the end cushions, the white spot being on the string-line (corresponding to the English baulk-line). The right to play first is decided, as in England, by “stringing.” The opponent’s white ball and the red ball being spotted, the player plays from within the imaginary baulk-line. Each carom counts one point; a miss counts one to the opponent. A ball is re-spotted on its proper spot if it has been forced off the table. Should red be forced off the table and the red spot be occupied, it is placed on the white spot. White under similar conditions is set on the red spot. The centre spot is only used when, a ball having been forced off the table, both spots are occupied. If a carom be made, and the ball afterwards jumps off the table, it is spotted and the count allowed. If the striker moves a ball not his own before he strikes, he cannot count but may play for safety. If he does so after making a carom the carom does not count, he forfeits one, and his break is ended. If he touches his own ball before he plays, he forfeits a point, and cannot play the stroke. Should he, however, touch his ball a second time, the opponent has the option of having the balls replaced as exactly as possible, or of playing on them as they are left. It is a foul stroke to play with the wrong ball, but if the offence is not detected before a second stroke has been made, the player may continue.
Such long runs of caroms, chiefly “on the rail” along the cushion, have been made by professional players (H. Kerkau, the German champion, making 7156 caroms in 1901 at Zürich), that various schemes have been devised to make the game more difficult. One of these is known as the “continuous baulk-line.” Lines are drawn, 8, 14, 18 or even 22 in. from the rails, parallel to the side of the table, forming with them eight compartments. Of these 14 and 18 are the most general. Only one, two or three caroms, as previously arranged, are allowed to be made in every space, unless one at least of the object-balls is driven over a line. In the space left in the middle of the table any number of caroms may be made without restriction. In the case of theTriangular Baulk-line, lines are drawn at the four corners from the second “sight” on the side-rails to the first sight on the end-rails, forming four triangles within which only a limited number of caroms may be made, unless one object-ball at least be driven outside one of the lines. TheAnchor Baulk-lineswere devised to checkmate the “anchor” shot, which consisted in getting the object-balls on the rail, one on either side of a baulk-line, and delicately manipulating them so as to make long series of caroms; each ball being in a different compartment, neither had to be driven over a line. The “anchor baulk-lines” form a tiny compartment, 6 in. by 3, and are drawn at the end of a baulk-line where it touches the rail and so divides the compartment into two squares. Only one shot is allowed in this “anchor-space,” unless a ball be driven out of it. By these methods, “crotching” (getting them jammed in a corner) the balls, and long series of rail-caroms were abolished. The push-stroke is strictly forbidden.
TheCushion Caromgame is a variety of the ordinary three-ball game, in which no carom counts unless the cue-ball touches a cushion before the carom is completed. There is alsoThree-Cushion Carom, which is explained by its title, and theBank-Shotgame, in which the cue-ball must touch a cushion before it strikes either ball. The cushion carom games are often used in handicapping, other methods of which are for the better player to make a certain number of caroms “or no count,” and for the weaker to receive a number of points in the game.
In France billiards was played exclusively by the aristocracy and the richer middle class until the first part of the 17th century, when the privilege of keeping billiard-rooms was accorded to thebillardiers paulmiers, and billiards became the principal betting game and remained so until the time of Louis Philippe. The most prominent French player of late years is Maurice Vignaux. The French game became the accepted one in the United States about 1870, and the best American players have proved themselves superior to the French masters with the exception of Vignaux. The best-known American masters have been M. Daly, Shaafer, Slosson, Carter, Sexton and Frank C. Ives, doubtless the most brilliant player who ever lived. His record for the 18-in. baulk-line game was an average of 50, with a high run of 290 points. In cushion-caroms he scored a run of 85.
The four-ball game, the original form of American billiards, is practically obsolete. It was formerly played on an English six-pocket table, with a dark-red and a light-red ball and two white ones. At present when played an ordinary table is used, the rules being identical with those of the three-ball game.
Poolis played in America on a six-pocket table with fifteen balls, each bearing a number. There are several varieties of the game, the most popular beingContinuous Pool, an expanded form ofFifteen-Ball Pool, in which the balls are set up as in English pyramids, the game being won by the player pocketing the majority of the fifteen balls, each ball counting one point, the numbers being used only to distinguish them, as a player must always name, or “call,” the ball he intends to pocket and the pocket into which he will drive it. The player who “breaks” (plays first) must send at least two balls to the cushion or forfeit three points. The usual method is to strike a corner ball just hard enough to do this but not hard enough to break up the balls, as in that case the second player would have too great an advantage. Balls pocketed by chance in the same play in which a called ball has been legitimately put down are counted; all others pocketed by accident are replaced on the table. In Fifteen-Ball Pool each frame (fifteen balls) constitutes a game. In Continuous Pool the game is for a series of points, generally 100, the balls being set up again after each frame and the player pocketing the last ball having the choice whether to break or cause his opponent to do so.
The balls in Fifteen-Ball Pool are generally all of one colour, usually red. InPyramid Poolthey are parti-coloured as well as numbered, and the game, which usually consists of a single frame, is won by the player who, when all fifteen balls have been pocketed, has scored the greatest aggregate of the numbers on the balls. InChicago Pooleach frame constitutes a game and is won by the player scoring the highest aggregate of numbers on the balls, which are set up round the cushion opposite the diamond sights, the 1 being placed in the middle of the top cushion, opposite the player, with the odd-numbered balls on the player’s left and those with even numbers on his right. The arrangement of the balls, however, varies and is not important. Each player must strike the lowest-numbered ball still on the table, forfeiting the number of points represented by the ball should his ball first hit any other ball, or should he pocket his own ball. If he pockets the proper ball all others that fall into pockets on that play count for him also. Missing the ball played at forfeits three points (sometimes the number on the ball played at), as well as fouls of all kinds.Bottle Poolis played with a cue-ball, the 1 and 2 pool-balls and the leather pool-bottle, which is stood upon its mouth in the middle of the table. A carom on two balls counts 2 points; pocketing the 1-ball counts 1; pocketing the 2-ball counts 2; upsetting bottle from carom counts 5; upsetting bottle to standing position counts 10, or, in many clubs, the game is won when this occurs. Otherwise the game is for 31 points, which number must be scored exactly, a player scoring more than that number being “burst,” and having to begin over again. There are many penalties of one point, such as missing the object-ball, foul strokes, forcing a ball or the bottle off the table, pocketing one’s own ball and upsetting the bottle without hitting a ball. The game ofThirty-Fouris played without a bottle, the scoring being by caroms or pocketing the two object-balls. Exactly 34 must be scored or the player is “burst.”
High-Low-Jack-Gameis played with a set of pyramid balls by any number of players, the order of starting being determined by distributing the small balls from the pool-bottle. The 15-ball is High, the 1 Low, the 9 Jack, and the highest aggregate of numbers is the game, each of these four counting one point, the game consisting of seven points, and therefore lasting at least for two frames. The balls are set up with the three counting balls in the centre and broken as in pyramids, although balls accidentally falling into pockets count for the player, on which account the balls are sometimes broken as violently as possible. When two or more playershave the same score the High ball wins before the Low, &c., as in the card game of the same title.
Pin Poolis played with two white balls, one red and five small pins set up in diamond form in the centre of the table with the pin counting 5 (the king-pin) in the middle, the pins being 3 in. apart. Each player is given a small ball from the bottle and this he keeps secret until he is able to announce that his points, added to the number on his small ball, amount to exactly 31. If he “bursts” he must begin again. Points are made only by knocking down pins, which are numbered 1 to 5. Should a player knock down with one stroke all four outside pins, leaving the 5-pin-standing, it is a “natural” and he wins the game.
Besides these common varieties of pool there are many others which are played in different parts of America, many of them local in character.
Bibliography.—The scientific features of billiards have been discussed at more or less length in several of the following older works:—E. White,Practical Treatise on the Game of Billiards(1807), this was partly a translation of a French treatise, published in 1805, and partly a compilation from the article in theAcadémie universelle des jeux, issued in the same year, and since frequently re-edited and reprinted;Le Musée des jeux(Paris, 1820); Monsieur Mingaud,The Noble Game of Billiards(Paris, 1834); a translation of the same, by John Thurston (London, 1835); Kentfield,On Billiards(London, 1839), founded principally on the foregoing works: Edward Russell Mardon,Billiards, Game 500 up(London, 1849); Turner,On Billiards, a series of diagrams with instructions (Nottingham, 1849); Captain Crawley,The Billiard Book(London, 1866-1875); Roberts,On Billiards(1868); Fred. Hardy,Practical Billiards, edited by W. Dufton (1867); Joseph Bennett (ex-champion),Billiards(1873). These older books, however, are largely superseded by such modern authorities as the following:—J. Roberts,The Game of Billiards(London, 1898); W. Cook,Billiards(Burroughes & Watts); J.P. Buchanan,Hints on Billiards(Bell & Sons);Modern Billiards(The Brunswick—Balke—Collender Co., New York); Broadfoot,Billiards, Badminton Library (Longmans); Locock,Side and Screw(Longmans); M. Vignaux,Le Billiard(Paris, 1889); A. Howard Cady,Billiards and Pool(Spalding’s Home Library, New York); Thatcher,Championship Billiards, Old and New(Chicago, 1898). For those interested in the purely mathematical aspect of the game, Hemming,Billiards Mathematically Treated, (Macmillan).
1In 1907 an oval table was introduced in England by way of a change, but this variety is not here considered.2A later form of “lawn-billiards” again enjoyed a brief popularity during the latter half of the 19th century. It was played on a lawn, in the centre of which was a metal ring about 5½ in. in diameter, planted upright in such a manner as to turn freely on its axis on a level with the ground. The players, two or more, were provided with implements resembling cues about 4 ft. long and ending in wire loops somewhat smaller in diameter than the wooden balls (one for each player), which were of such a size as barely to pass through the ring. In modern times such games as billiards have afforded scope for various imitations and modifications of this sort.
1In 1907 an oval table was introduced in England by way of a change, but this variety is not here considered.
2A later form of “lawn-billiards” again enjoyed a brief popularity during the latter half of the 19th century. It was played on a lawn, in the centre of which was a metal ring about 5½ in. in diameter, planted upright in such a manner as to turn freely on its axis on a level with the ground. The players, two or more, were provided with implements resembling cues about 4 ft. long and ending in wire loops somewhat smaller in diameter than the wooden balls (one for each player), which were of such a size as barely to pass through the ring. In modern times such games as billiards have afforded scope for various imitations and modifications of this sort.
BILLINGTON, ELIZABETH(1768?-1818), British opera-singer, was born in London, her father being a German musician named Weichsel, and her mother a popular vocalist. She was trained in music, and at fourteen sang at a concert in Oxford. In 1783 she married James Billington, a double-bass player. She had a voice of unusual compass, and as Rosetta inLove in a Villageshe had a great success at Covent Garden in 1786, being engaged for the season at a salary of £1000, a large sum for those days. Her position as a singer in London was now assured. In 1794 she and her husband went to Italy, and Mrs Billington appeared at Naples (where she was the heroine of a new opera,Inez di Castro, written for her by F. Bianchi), at Florence, at Venice and at Milan. Her husband died suddenly during the tour, and in 1799 she married a Frenchman named Felissent, whom, however, she left in 1801. Returning to England she appeared alternately at Covent Garden and Drury Lane, her professional income during 1801 amounting to between £10,000 and £15,000. Henceforward she sang in Italian opera till the end of 1810, when ill-health forced her to abandon her profession. In 1817 she was reconciled to her husband, and went with him to live near Venice, where she died on the 25th of August 1818.
BILLITON(DutchBlitoeng), an island of the Dutch East Indies, between Banka and Borneo, from which it is separated respectively by Caspar and Karimata straits. Politically it is under an assistant resident. It is roughly circular in form, its extreme measurements being 55 m. by 43, and its area 1773 sq. m. In physical structure and in products it resembles Banka; its coasts are sandy or marshy; in the interior an extreme elevation of 1670 ft. is found. The geological formation is Devonian and granitic, with laterites. The mean annual rainfall is heavy, 102 to 126 in. The day temperature varies from 80° to 87° Fahr. The nights are very cool. Like Banka, Billiton is chiefly noted for its production of tin, the island forming the southern limit of the occurrence of this metal in this locality. There are upwards of 80 mines, which employ some 7500 workmen, and have produced more than 6500 tons of tin in a year. Iron is also worked. On the rocks along the coast are found tortoises, trepang and edible birds’ nests, which are articles of export. The forests supply wood of different kinds for boat-building, in which the inhabitants are expert; and also provide trade in cocoa-nuts, sago, gum and other produce. The population is about 42,000, of whom some 12,000 are Chinese. The natives belong to two classes, theOrang Darat, the aborigines, thought to be akin to the Battas and other branches of the pre-Malayan or Indonesian race; and theOrang Sekah, people of Malayan stock who live in boats. The coast is as a rule difficult of access, being beset with rocks and coral banks, and the best harbour is that at the chief town of Tanjong Pandan on the west coast. The island was formerly under the sultan of Palembang, by whom it was ceded to the British in 1812. As no mention was made of it in the treaty between the British and Dutch in 1814, the former at first refused to renounce their possession, and only recognized the Dutch claim in 1824. Till 1852 Billiton was dependent on Banka.
BILL OF EXCHANGE,a form of negotiable instrument, defined below, the history of which, though somewhat obscure, was ably summed up by Lord Chief Justice Cockburn in his judgment inGoodwinnv.Robarts(1875), L.R. 10 Ex. pp. 346-358. Bills of exchange were probably invented by Florentine Jews. They were well known in England in the middle ages, though there is no reported decision on a bill of exchange before the year 1603. At first their use seems to have been confined to foreign bills between English and foreign merchants. It was afterwards extended to domestic bills between traders, and finally to bills of all persons, whether traders or not. But for some time after they had come into general employment, bills were always alleged in legal proceedings to be drawnsecundum usum et consuetudinem mercatorum. The foundations of modern English law were laid by Lord Mansfield with the aid of juries of London merchants. No better tribunal of commerce could have been devised. Subsequent judicial decisions have developed and systematized the principles thus laid down. Promissory notes are of more modern origin than bills of exchange, and their validity as negotiable instruments was doubtful until it was confirmed by a statute of Anne (1704). Cheques are the creation of the modern system of banking.
Before 1882 the English law was to be found in 17 statutes dealing with isolated points, and about 2600 cases scattered over some 300 volumes of reports. The Bills of Exchange Act 1882 codifies for the United Kingdom the law relating to bills of exchange, promissory notes and cheques. One peculiar Scottish rule is preserved, but in other respects uniform rules are laid down for England, Scotland and Ireland. After glancing briefly at the history of these instruments, it will probably be convenient to discuss the subject in the order followed by the act, namely, first, to treat of a bill of exchange, which is the original and typical negotiable instrument, and then to refer to the special provisions which apply to promissory notes and cheques. Two salient characteristics distinguish negotiable instruments from other engagements to pay money. In the first place, the assignee of a negotiable instrument, to whom it is transferred by indorsement or delivery according to its tenor, can sue thereon in his own name; and, secondly, he holds it by an independent title. If he takes it in good faith and for value, he takes it free from “all equities,” that is to say, all defects of title or grounds of defence which may have attached to it in the hands of any previous party. These characteristic privileges were conferred by the law merchant, which is part of the common law, and are now confirmed by statute.
Definition.—By § 3 of the act a bill of exchange is defined to be “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.”1The person who gives the order is called the drawer. The person thereby required to pay is called the drawee. If he assents to the order, he is then calledthe acceptor. An acceptance must be in writing and must be signed by the drawee. The mere signature of the drawee is sufficient (§17). The person to whom the money is payable is called the payee. The person to whom a bill is transferred by indorsement is called the indorsee. The generic term “holder” includes any person in possession of a bill who holds it either as payee, indorsee or bearer. A bill which in its origin is payable to order becomes payable to bearer if it is indorsed in blank. If the payee is a fictitious person the bill may be treated as payable to bearer (§7).
The following is a specimen of an ordinary form of a bill of exchange:—
London, 1st January1901.£100Three months after date pay to the order of Mr J. Jones the sum of one hundred pounds for value received.Brown & Co.To Messrs. Smith & Sons, Liverpool.
London, 1st January1901.
£100
Three months after date pay to the order of Mr J. Jones the sum of one hundred pounds for value received.
Brown & Co.
To Messrs. Smith & Sons, Liverpool.
The scope of the definition given above may be realized by comparing it with the definition given by Sir John Comyns’Digestin the early part of the 18th century:—“A bill of exchange is when a man takes money in one country or city upon exchange, and draws a bill whereby he directs another person in another country or city to pay so much to A, or order, for value received of B, and subscribes it.” Comyns’ definition illustrates the original theory of a bill of exchange. A bill in its origin was a device to avoid the transmission of cash from place to place to settle trade debts. Now a bill of exchange is a substitute for money. It is immaterial whether it is payable in the place where it is drawn or not. It is immaterial whether it is stated to be given for value received or not, for the law itself raises a presumption that it was given for value. But though bills are a substitute for cash payment, and though they constitute the commercial currency of the country, they must not be confounded with money. No man is bound to take a bill in payment of debt unless he has agreed to do so. If he does take a bill, the instrument ordinarily operates as conditional, and not as absolute payment. If the bill is dishonoured the debt revives. Under the laws of some continental countries, a creditor, as such, is entitled to draw on his debtor for the amount of his debt, but in England the obligation to accept or pay a bill rests solely on actual agreement. A bill of exchange must be an unconditional order to pay. If an instrument is made payable on a contingency, or out of a particular fund, so that its payment is dependent on the continued existence of that fund, it is invalid as a bill, though it may, of course, avail as an agreement or equitable assignment. In Scotland it has long been the law that a bill may operate as an assignment of funds in the hands of the drawee, and § 53 of the act preserves this rule.
Stamp.—Bills of exchange must be stamped, but the act of 1882 does not regulate the stamp. It merely saves the operation of the stamp laws, which necessarily vary from time to time according to the fluctuating needs and policy of the exchequer. Under the Stamp Act 1891, bills payable on demand are subject to a fixed stamp duty of one penny, and by the Finance Act 1899, a similar privilege is extended to bills expressed to be payable not more than three days after sight or date. The stamp may be impressed or adhesive. All other bills are liable to anad valoremduty. Inland bills must be drawn on stamped paper, but foreign bills, of course, can be stamped with adhesive stamps. As a matter of policy, English law does not concern itself with foreign revenue laws. For English purposes, therefore, it is immaterial whether a bill drawn abroad is stamped in accordance with the law of its place of origin or not. On arrival in England it has to conform to the English stamp laws.
Maturity.—A bill of exchange is payable on demand when it is expressed to be payable on demand, or at sight, or on presentation or when notice for payment is expressed. In calculating the maturity of bills payable at a future time, three days, called days of grace, must be added to the nominal due date of the bill. For instance, if a bill payable one month after sight is accepted on the 1st of January, it is really payable on the 4th of February, and not on the 1st of February as its tenor indicates. On the continent generally days of grace have been abolished as anomalous and misleading. Their abolition has been proposed in England, but it has been opposed on the ground that it would curtail the credit of small traders who are accustomed to bills drawn at certain fixed periods of currency. When the last day of grace is a non-business day some complicated rules come into play (§ 14). Speaking generally, when the last day of grace falls on Sunday or a common law holiday the bill is payable on the preceding day, but when it falls on a bank holiday the bill is payable on the succeeding day. Complications arise when Sunday is preceded by a bank holiday; and, to add to the confusion, Christmas day is a bank holiday in Scotland, but a common law holiday in England. When the code was in committee an attempt was made to remove these anomalies, but it was successfully resisted by the bankers on alleged grounds of practical convenience.
Acceptance.—By the acceptance of a bill the drawee becomes the principal debtor on the instrument and the party primarily liable to pay it. The acceptor of a bill “by accepting it engages that he will pay it according to the tenor of his acceptance,” and is precluded from denying the drawer’s right to draw or the genuineness of his signature (§ 54). The acceptance may be either general or qualified. As a qualified acceptance is so far a disregard of the drawer’s order, the holder is not obliged to take it; and if he chooses to take it he must give notice to antecedent parties, acting at his own risk if they dissent (§§ 19 and 44). The drawer and indorsers of a bill are in the nature of sureties. They engage that the bill shall be duly accepted and paid according to its tenor, and that if it is dishonoured by non-acceptance or non-payment, as the case may be, they will compensate the holder provided that the requisite proceedings on dishonour are duly taken. Any indorser who is compelled to pay the bill has the like remedy as the holder against any antecedent party (§55). A person who is not the holder of a bill, but who backs it with his signature, thereby incurs the liability of an indorser to a holder in due course (§ 56). An indorser may by express term either restrict or charge his ordinary liability as stated above. Prima facie every signature to a bill is presumed to have been given for valuable consideration. But sometimes this is not the case. For friendship, or other reasons, a man may be willing to lend his name and credit to another in a bill transaction. Hence arise what are calledaccommodation bills. Ordinarily the acceptor gives his acceptance to accommodate the drawer. But occasionally both drawer and acceptor sign to accommodate the payee, or even a person who is not a party to the bill at all. The criterion of an accommodation bill is the fact that the principal debtor according to the instrument has lent his name and is in substance a surety for some one else. The holder for value of an accommodation bill may enforce it exactly as if it was an ordinary bill, for that is the presumable intention of the parties. But if the bill is dishonoured the law takes cognizance of the true relations of the parties, and many of the rules relating to principal and surety come into play. Suppose a bill is accepted for the accommodation of the drawer. It is the drawer’s duty to provide the acceptor with funds to meet the bill at maturity. If he fails to do so, he cannot rely on the defence that the bill was not duly presented for payment or that he did not receive due notice of dishonour. If the holder, with notice of the real state of the facts, agrees to give time to the drawer to pay, he may thereby discharge the acceptor.
Holder in due Course.—The holder of a bill has special rights and special duties. He is the mercantile owner of the bill, but in order to establish his ownership he must show a mercantile title. The bill must be negotiated to him, that is to say, it must be transferred to him according to the forms prescribed by mercantile law. If the bill is payable to order, he must not only get possession of the bill, but he must also obtain the indorsement of the previous holder. If the bill is payable to bearer it is transferable by mere delivery. A bill is payable to bearer which is expressed to be so payable, or on which the only or last indorsement is an indorsement in blank. If a man lawfully obtains possession of a bill payable to order without the necessary indorsement, he may obtain some common law rights in respectof it, but he is not the mercantile owner, and he is not technically the holder or bearer. But to get the full advantages of mercantile ownership the holder must be a “holder in due course”—that is to say, he must satisfy three business conditions. First, he must have given value, or claim through some holder who has given value. Secondly, when he takes the bill, it must be regular on the face of it. In particular, the bill must not be overdue or known to be dishonoured. An overdue bill, or a bill which has been dishonoured, is still negotiable, but in a restricted sense. The transferee cannot acquire a better title than the party from whom he took it had (§ 36). Thirdly, he must take the bill honestly and without notice of any defect in the title of the transferor,—as, for instance, that the bill or acceptance had been obtained by fraud, or threats or for an illegal consideration. If he satisfies these conditions he obtains an indefeasible title, and can enforce the bill against all parties thereto. The act substitutes the expression “holder in due course” for the somewhat cumbrous older expression “bona fide holder for value without notice.” The statutory term has the advantage of being positive instead of negative. The French equivalent “tiers porteur de bonne foi” is expressive. Forgery, of course, stands on a different footing from a mere defect of title. A forged signature, as a general rule, is a nullity. A person who claims through a forged signature has no title himself, and cannot give a title to any one else (§ 24). Two exceptions to this general rule require to be noted. First, a banker who in the ordinary course of business pays a demand draft held under a forged indorsement is protected (§ 60). Secondly, if a bill be issued with material blanks in it, any person in possession of it has prima facie authority to fill them up, and if the instrument when complete gets into the hands of a holder in due course the presumption becomes absolute. As between the immediate parties the transaction may amount to forgery, but the holder in due course is protected (§ 20).
Dishonour.—The holder of a bill has special duties which he must fulfil in order to preserve his rights against the drawers and indorsers. They are not absolute duties; they are duties to use reasonable diligence. When a bill is payable after sight, presentment for acceptance is necessary in order to fix the maturity of the bill. Accordingly the bill must be presented for acceptance within a reasonable time. When a bill is payable on demand it must be presented for payment within a reasonable time. When it is payable at a future time it must be presented on the day that it is due. If the bill is dishonoured the holder must notify promptly the fact of dishonour to any drawer and indorser he wishes to charge. If, for example, the holder only gives notice of dishonour to the last indorser, he could not sue the drawer unless the last indorser or some other party liable has duly sent notice to the drawer. When a foreign bill is dishonoured the holder must cause it to be protested by a notary public. The bill must be noted for protest on the day of its dishonour. If this be duly done, the protest,i.e.the formal notarial certificate attesting the dishonour, can be drawn up at any time as of the date of the noting. A dishonoured inland bill may be noted, and the holder can recover the expenses of noting, but no legal consequences attach thereto. In practice, however, noting is usually accepted as showing that a bill has been duly presented and has been dishonoured. Sometimes the drawer or indorser has reason to expect that the bill may be dishonoured by the drawee. In that case he may insert the name of a “referee in case of need.” But whether he does so or not, when a bill has been duly noted for protest, any person may, with the consent of the holder, intervene for the honour of any party liable on the bill. If the bill has been dishonoured by non-acceptance it may be “accepted for honoursupra protest.” If it has been dishonoured by non-payment it may be paidsupra protest. When a bill is thus paid and the proper formalities are complied with, the person who pays becomes invested with the rights and duties of the holder so far as regards the party for whose honour he has paid the bill, and all parties antecedent to him (§§ 65 to 68).
Discharge.—Normally a bill is discharged by payment in due course, that is to say, by payment by the drawee or acceptor to the holder at or after maturity. But it may also be discharged in other ways, as for example by coincidence of right and liability (§ 61), voluntary renunciation (§ 62), cancellation (§ 63), or material alteration (§ 64).
Conflict of Laws.—A bill of exchange is the most cosmopolitan of all contracts. It may be drawn in one country, payable in another, and indorsed on its journey to its destination in two or three more. The laws of all these countries may differ. Provision for this conflict of laws is made by § 72, which lays down rules for determining by what law the rights and duties of the various parties are to be measured and regulated. Speaking broadly, these rules follow the maximLocus regit actum. A man must be expected to know and follow the law of the place where he conducts his business, but no man can be expected to know the laws of every country through which a bill may travel. For safety of transmission from country to country bills are often made out in sets. The set usually consists of three counterparts, each part being numbered and containing a reference to the other parts. The whole set then constitutes one bill, and the drawee must be careful only to accept one part, otherwise if different accepted parts get into the hands of different holders, he may be liable to pay the bill twice (§ 71). Foreign bills circulating through different countries have given rise to many intricate questions of law. But the subject is perhaps one of diminishing importance, as in many trades the system of “cable transfers” is superseding the use of bills of exchange.
A cheque “is a bill of exchange drawn on a banker payable on demand” (§ 73). For the most part the rules of law applicable to bills payable on demand apply in their entirety to cheques. But there are certain peculiar rulesCheques.relating to the latter which arise from the fact that the relationship of banker and customer subsists between the drawer and drawee of a cheque. For example, when a person has an account at a bank he is, as an inference of law, entitled to draw on it by means of cheques. A right to overdraw, can, of course, only arise from agreement. The drawer of a cheque is not absolutely discharged by the holder’s omission to present it for payment within a reasonable time. He is only discharged to the extent of any actual damage he may have suffered through the delay (§ 74). Apart from any question of delay, a banker’s authority to pay his customer’s cheques is determined by countermand of payment or by notice of the customer’s death (§ 75). Of recent years the use of cheques has enormously increased, and they have now become the normal machinery by which all but the smallest debts are discharged. To guard against fraud, and to facilitate the safe transmission of cheques by post, a system of crossing has been devised which makes crossed cheques payable only through certain channels. The first act which gave legislative recognition to the practice of crossing was the 19 and 20 Vict.c.95. That act was amended in 1858, and a consolidating and amending act was passed in 1876. The act of 1876 is now repealed, and its provisions are re-enacted with slight modifications by §§ 76 to 82 of the Bills of Exchange Act 1883. A cheque may be crossed either “generally” or “specially.” A cheque is crossed generally by drawing across it two parallel lines and writing between them the words “& Co.” When a cheque is crossed generally it cannot be paid over the counter. It must be presented for payment by a banker. A cheque is crossed specially by adding the name of the banker, and then it can only be presented through that particular banker. A cheque, whether crossed generally or specially, may further be crossed with the words “not negotiable.” A cheque crossed “not negotiable” is still transferable, but its negotiable quality is restricted. It is put on pretty much the same footing as an overdue bill. The person who takes it does not get, and cannot give a better title to it, than that which the person from whom he took it had. These provisions are supplemented by provisions for the protection of paying and collecting bankers who act in good faith and without negligence. Suppose that a cheque payable to bearer, which is crossed generally and with the words “notnegotiable,” is stolen. The thief then gets a tradesman to cash it for him, and the tradesman gets the cheque paid on presentment through his banker. The banker who pays and the banker who receives the money for the tradesman are protected, but the tradesman would be liable to refund the money to the true owner. Again, assuming payment of the cheque to have been stopped, the tradesman could not maintain an action against the drawer.
A promissory note is defined by section 83 of the act to be an “unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time,Promissory notes.a sum certain in money to or to the order of a specified person or to bearer.” A promissory note may be made by two or more makers, and they may be liable either jointly, or jointly and severally, according to its tenor (§ 85). For the most part, rules of law applicable to a bill of exchange apply also to a promissory note, but they require adaptation. A note differs from a bill in this: it is a direct promise to pay, and not an order to pay. When it issues it bears on it the engagement of the principal debtor who is primarily liable thereon. The formula for applying to notes the rules as to bills is that “the maker of a note shall be deemed to correspond with the acceptor of a bill, and the first indorser of a note shall be deemed to correspond with the drawer of a bill payable to drawer’s order” (§ 89). Rules relating to presentment for acceptance, acceptance, acceptancesupraprotest, and bills in a set, have no application to a note. Moreover, when a foreign note is dishonoured it is not necessary, for English purposes, to protest it. All promissory notes are, under the Stamp Act 1891, subject to anad valoremstamp duty. Inland notes must be on impressed stamp paper. Foreign notes are stamped with adhesive stamps. For ordinary legal purposes a bank note may be regarded as a promissory note made by a banker payable to bearer on demand. It is, however, subject to special stamp regulations. It is not discharged by payment, but may be re-issued again and again. In the interests of the currency the issue of bank notes is subject to various statutory restrictions. A bank, other than the Bank of England, may not issue notes in England unless it had a lawful note issue in 1844. On the other hand, Bank of England notes are legal tender except by the bank itself.
In fundamental principles there is general agreement between the laws of all commercial nations regarding negotiable instruments. As Mr Justice Story, the great American lawyer, says: “The law respecting negotiable instrumentsForeign laws.may be truly declared, in the language of Cicero, to be in a great measure not the law of a single country only, but of the whole commercial world.Non erit lex alia Romae, alia Athenis, alia nunc alia posthac, sed et apud omnes gentes et omni tempore, una eademque lex obtinebit” (Swiftv.Tyson, 16 Peters i). But in matters of detail each nation has impressed its individuality on its own system. The English law has been summarized above. Perhaps its special characteristics may be best brought out by comparing it with the French code and noting some salient divergences. English law has been developed gradually by judicial decision founded on trade custom. French law was codified in the 17th century by the “Ordonnance de 1673.” The existing “Code de Commerce” amplifies but substantially adopts the provisions of the “Ordonnance.” The growth of French law was thus arrested at an early period of its development. The result is instructive. A reference to Marius’ treatise on bills of exchange, published about 1670, or Beawes’Lex Mercatoria, published about 1740, shows that the law, or rather the practice, as to bills of exchange was even then fairly well defined. Comparing the practice of that time with the law as it now stands, it will be seen that it has been modified in some important respects. For the most part, where English law differs from French law, the latter is in strict accordance with the rules laid down by Beawes. The fact is that, when Beawes wrote, the law or practice of both nations on this subject was nearly uniform. But English law has gone on growing while French law has stood still. A bill of exchange in its origin was an instrument by which a trade debt due in one place was transferred to another place. This theory French law rigidly keeps in view. In England bills have developed into a paper currency of perfect flexibility. In France a bill represents a trade transaction; in England it is merely an instrument of credit. English law affords full play to the system of accommodation paper; French law endeavours to stamp it out. A comparison of some of the main points of difference between English and French law will show how the two theories work. In England it is no longer necessary to express on a bill that value has been given for it, for the law raises a presumption to that effect. In France the nature of the consideration must be stated, and a false statement of value avoids the bill in the hands of all parties with notice. In England a bill may be drawn and payable in the same place. In France the place where a bill is drawn should be so far distant from the place where it is payable that there may be a possible rate of exchange between the two. This so-called rule ofdistantia lociis said to be disregarded now in practice, but the code is unaltered. As French lawyers put it, a bill of exchange necessarily presupposes a contract of exchange. In England since 1765 a bill may be drawn payable to bearer, though formerly it was otherwise. In France it must be payable to order; if it were not so it is clear that the rule requiring the consideration to be truly stated would be a nullity. In England a bill originally payable to order becomes payable to bearer when indorsed in blank. In France an indorsement in blank merely operates as a procuration. An indorsement, to operate as a negotiation, must be to order, and must state the consideration; in short, it must conform to the conditions of an original draft. In England, if a bill is dishonoured by non-acceptance, a right of action at once accrues to the holder. In France no cause of action arises unless the bill is again dishonoured at maturity; the holder in the meantime is only entitled to demand security from the drawer and indorsers. In England a sharp distinction is drawn between current and overdue bills. In France no such distinction is drawn. In England no protest is required in the case of the dishonour of an inland bill, notice of dishonour being sufficient. In France every dishonoured bill must be protested. Opinions may differ whether the English or the French system is better calculated to serve sound commerce and promote a healthy commercial morality. But an argument in favour of the English system may be derived from the fact that as the various continental codes are from time to time revised and re-enacted, they tend to depart from the French model and to approximate to the English rule. The effect upon English law of its codification has yet to be proved. A common objection to codification in England is that it deprives the law of its elastic character. But when principles are once settled common law has very little elasticity. On the other hand no code is final. Modern parliaments legislate very freely, and it is a much simpler task to alter statute law than to alter common law. Moreover, legislation is cheaper than litigation. One consequence of the codification of the English law relating to bills is clear gain. Nearly all the British colonies have adopted the act, and where countries are so closely connected as England and her colonies, it is an obvious advantage that their mercantile transactions should be governed by one and the same law expressed in the same words.