A.D. 1885.
It engages the tenor of it has been duly accepted, and that he will pay according to the terms of the acceptance for honour of the protested bill. The acceptor for honour must be named or otherwise identified in the act of honour, and the notarial act in extension of the protest must contain a declaration declaring his intention to pay for honour.
A.D. 1885.] BILLS OF EXCHANGE. No. 3. 483
(6.) The payer for honour, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour, is entitled to receive both the bill itself and the protest. If the holder does not on demand deliver them up, he shall be liable to the payer for honour in damages.
(7.) Where the holder of a bill refuses to receive payment supra protest, he shall lose his right of recourse against any party who would have been discharged by such payment.
Lost Instrument.
69.--(1.) Where a bill has been lost before it is overdue, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whomsoever in case the bill alleged to have been lost shall be found again.
(2.) If the drawer, on request as aforesaid, refuses to give such duplicate bill, he may be compelled to do so.
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.
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 himself 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 without 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.
1.D. 1885.
it. engages he tenor of is been duly
nd that he
all parties accepted.
for honour
he protest-
he acceptor
n the same ill must be and where er than the must be for- sentment to
by any cir- Payment or
úr, it must
at. any per- of any party
account the
3
honour of nost parties.
ate as such
notarial act in extensión
declaration eclaring his
pays. ibsequent to e payer for
d. duties of. dall parties
A.D. 1885.]
BILLS OF E. CHANGE.
No. 3.
483
(6.) The payer for honour, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour, is entitled to receive both the bill itself and the protest. If the holder does not on demand deliver them up. he shall be liable to the payer for honour in damages.
(7.) Where the holder of a bill refuses to receive payment suprit protest, he shall lose his right of recourse against any party who would have been discharged by such payment.
Lost Instrument.
of lost bill.
69.--(1.) Where a bill has been lost before it is overdue, the person Holder's right who was the holder of it may apply to the drawer to give him another to duplicate bill of the same tenor, giving security to the drawer, if required, to in- demnify him against all persons whomsoever in case the bill alleged to have been lost shall be found again.
(2.) If the drawer, on request as aforesaid, refuses to give such dupli- cate bill, he may be compelled to do so.
may
70. In any action or proceeding upon a bill, the Court or a Judge Action on
order that the loss of the instrument shall not be set up, provided lost bill. 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.
71. (1.) Where a bill is drawn in a set, each part of the set being Rules as to numbered and containing a reference to the other parts, the whole of bill in set. 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 himself 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 sub- section shall affect the rights of a person who in due course accepts or pays the part first presented to him.
course,
(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
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 without re- quiring 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.
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