the-ordinances-of-the-legislative-counci-1890v4 — Page 63

1880 ORDINANCE No. 9 OF 1885 .


Bills of Exchange.


Lost instruments .

Holder's right 69. Where a bill has been lost before it is overdue, the person who
to duplicate
of lost bill. was the holder of it may apply to the drawer to give him another bill of
the same tenour, giving security to the drawer if required to indemnify
him against all persons whatever 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 70. In any action or proceeding upon a bill , the Court or a Judge
bill.
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 71. ( 1. ) Where a bill is drawn in a set, each part of the set being
sets.
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 sub
section 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.