746 [ 9 OF 1885. BILLS OF EXCHANGE .
( 7. ) Where the holder of a bill refuses to receive payment
suprà protest he shall lose his right of recourse against any
party who would liave been discharged by such payment.
Lost instruments.
Holder's right 69. Where a bill has been lost before it is overdue, the
to duplicate
of lost bill. person who was the holder of it may apply to the drawer to
give him another bill of the same tenour, giving security to the
ons atever
drawer if required to indemnify him against all pers wh
in case the bill alleged to have been lost shall be found again .
If the drawer on request as aforesaid refuses to give such
duplicate bill, he may be compelled to do so.
Action on lost
bill. 70. In any action or proceeding upon a bill, the Court or a
Judge may order that the loss of the instrument shall not be
set up, provided an indemnity be given to the satisfaction of
the Court or Judge against the claims of any other person upon
the instrument in question .
Bill in a set.
Rules as to
sets .
71. ( 1. ) Where a bill is drawn in a set, each part of the set
being numbered, and containing a reference to the other parts,
the whole of the parts constitute one bill .
( 2. ) Where the holder of a set indorses two or more parts
to different persons, he is liable on every such part, and every
indorser subsequent to him is liable on the part, he has him
self indorsed as if the said parts were separate bills.
( 3. ) Where two or more parts of a set are negotiated to
different holders in due course, the holder whose title first
accrues is as between such holders deemed the true owner of
the bill ; but nothing in this subsection shall affect the rights
of a person who in due course accepts or pays the part first
presented to him .
( 4. ) The acceptance may be written on any part, and it
must be written on one part only.
If the drawee accepts more than one part and such accepted
parts get into the hands of different holders in due course, he
is liable on every such part as if it were a separate bill .
( 5. ) When the acceptor of a bill drawn in a set pays it with
out requiring the part bearing his acceptance to be delivered up
to him , and that part at maturity is outstanding in the hands
of a holder in due course, he is liable to the holder thereof.
( 6. ) Subject to the preceding rules, where any one part of a
bill drawn in a set is discharged by payment or otherwise, the
whole bill is discharged .