4. It may be made before the bill is drawn., in which case it must be in writing. 3 Mass. 1; 9 id. 55; 15 Johns. N. Y. 6; 10 id. 207; 2 Wend. N. Y. 545; 1 Bail. So. C. 522; 2 Green, N. J. 239; 2 Dan. 'Ky. 95; 5 B. Monr. Ky. 8; 15 Penn. St. 453 ; 2 Ind. 488; 3 Md. 265; 1 Pet. 264 ; 4 id. 121; 2 Wheat. 66; 2 McLean, C. C. 462; 2 Blatchf. C. C. 335. See 1 Stor. C. C. 22; 2 id. 213. It may be made after it is drawn and before it comes due, which is the usual course, or after it becomes due, 1 H. Blackst. 313 ; 2 Green, N. J. 339,; or even after a previous refusal to accept. 5 East, 514 ; 1 Mas. C. C. 176. It must be made within twenty-four hours after presentment, or the holder may treat the bill as dishonored. Chitty, Bills, 212, 217. And upon to accept, the bill is at once dishonored, and should be protested. Chitty, Bills, 217.
5. It may be in writing on the bill itself, or on another paper, 4 East, 91 ; or it may be oral, 4 East, 67 ; Rep. temp. Hardw. 74; 6 Carr. & P. 218 ; 1 Wend. N. Y. 522 ; 2 Green, N. J. 339 ; 1 Rich. So. C. 249 ; 3 Mass. 1 ; 2 Mete. 53 ; 22 N. H. 153 ; hut must now be in writing, in England and New York. Stat. 19 &
20 Vict. c. 97, 6. The usual form is by writing " accepted " across.the bill and signing the ac ceptor's name, 1 Parsons, Contr. 223 ; 1 Mann. & R. 90; but the drawee's name alone is suffa cient, or any words of equivalent force to tte• cepted. See Byles, Bills, 147 ; I Atk. Ch. 611; 1 Mann. & R. 90 ; 21 Pick. Mass. 307 ; 3 Md. 265 ; 9 Gill, Md. 350.
Consult Bayley, Byles, 'Chitty, Parsons, Story on Bills ; Parsons on Contracts ; Ed wards, 'Story on Bailments.
In Insnranoe. Acceptance of abandon ment in insurance is in effect an acknow ledgment of its sdficiency, and perfects the right ,of the assured to recover for a total lose if the cause of loss and circumstances have been truly made known. No particular form of acceptance is requisite, and the underwriter is not obliged to say whether he accepts. 2 Phillips, Ins. 1689. An acceptance may be a constructive one, as by taking possession of an abandoned ship to repair it without au thority so to do, 2 Curt. C C. 322, or by re taining such possession an unreasonable time under a stipulation authorizing the under writer to take such possession. 16 III. 235.