agent. In such case any endorser who would have had a right of recourse against the party whose signature is cancelled is also discharged. (3) A cancellation made unintentionally or under a mistake or without the authority of the holder is inoperative; but where a bill or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made unintentionally or under a mistake or without authority. 62. (1) Where a bill or acceptance is materially altered, then the liability of all parties who were parties to the bill at the date of alteration, and who did not assent to it, must be regarded as if the alteration had not been made; but any party who has himself made, authorised or assented to the alteration and all subsequent endorsers are liable on the bill as altered. (2) Amongst material alterations are the following:-Any alteration of the date, the sum payable, the time of payment, the place of payment, and where a bill has been accepted generally the addition of a place of payment, without the acceptor's assent. ACCEPTANCE AND PAYMENT FOR HONOUur. 63. (1) Where a bill of exchange has been protested for dishonour by non-acceptance or protested for better security and is not overdue, any person, not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest for the honour of any party liable thereon or for the honour of the person for whose account the bill is drawn. (2) A bill may be accepted for honour for part only of the sum for which it is drawn. (3) An acceptance for honour supra protest in order to be valid must (a) be written on the bill and indicate that it is an acceptance for honour; (b) be signed by the acceptor for honour. (4) Where an acceptance for honour does not expressly state for whose honour it is made it is deemed to be an acceptance for the honour of the drawer. (5) Where a bill payable after sight is accepted for honour its maturity is calculated from the date of noting for nonacceptance, and not from the date of acceptance for honour. 64. (1) The acceptor for honour of a bill by accepting it engages that he will on due presentment pay the bill according to the tenor of his acceptance if it is not paid by the drawee, provided it has been duly presented for payment and protested for nonpayment and that he receives notice of these facts. (2) The acceptor for honour is liable to the holder and to all parties to the bill subsequent to the party for whose honour he has accepted. 65. (1) Where a dishonoured bill has been accepted for honour supra protest or contains a reference in case of need it must be protested for non-payment before it is presented for payment to the acceptor for honour or referee in case of need. (2) Where the address of the acceptor for honour is in the same place where the bill is protested for non-payment the bill must be presented to him not later than the day following its maturity; and where the address of the acceptor for honour is in some place other than the place where it was protested for nonpayment the bill must be posted or forwarded for presentment not later than the business day next following its maturity for presentment to him. (3) Delay in presentment or non-presentment is excused by any circumstances which would excuse delay in presentment for payment or non-presentment for payment. (4) When a bill of exchange is dishonoured by the acceptor for honour it must be protested for non-payment by him. 66. (1) Where a bill has been protested for non-payment any person, not being a party already liable thereon, may intervene and pay it supra protest for the honour of any party liable thereon or for the honour of the person for whose account the bill is drawn. (2) Where two or more persons offer to pay a bill for the honour of different parties, the person whose payment will discharge most parties to the bill shall have the preference. (3) Payment for honour supra protest in order to operate as such, and not as a mere voluntary payment, must be attested by a notarial act of honour, which may be appended to the protest or form an extension of it. (4) The notarial act of honour must be founded on a declaration made by the payer for honour or his agent in that behalf, declaring his intention to pay the bill for honour and for whose honour he pays. a (5) Where bill has been paid for honour all parties subsequent to the party for whose honour it is paid are discharged, but the payer for honour is substituted for and succeeds to both the rights and duties of the holder as regards the party for whose honour he pays and all parties liable to that party. (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 do 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 INSTRUMENTS. 67. 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 adequate 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. 68. In any action or proceeding upon a bill other than a proceeding for provisional sentence the Court or a Judge may order that the loss or non-production of the instrument shall not be set up by way of defence, 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. 69. (1) Where a bill is drawn in a set, each part of a set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill. (2) Where a holder of a set endorses two or more parts to different persons, he is liable on every such part, and every endorser subsequent to him is liable on the part he has himself endorsed 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. (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. CONFLICT OF LAWS. 70. Where a bill drawn in one country, Colony, or State is negotiated, accepted or payable in another, the rights, duties, and liabilities of the parties thereto are determined as follows:: (1) The validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of every supervening contract, such as acceptance or endorsement or acceptance supra protest, is determined by the law of the place where such contract was made. Provided (a) where a bill is issued out of this Colony it is not invalid by reason only that it is not stamped in accordance with the law of the place of issue; (b) where a bill issued out of this Colony conforms as regards requisites in form to the law of the Colony it may for the purpose of enforcing payment thereof be treated as valid as between all persons who negotiate, hold or become parties to it in this Colony. (2) Subject to the provisions of this Proclamation, the interpretation of the contract of the drawer, endorser, acceptor or acceptor supra protest of a bill is determined by the law of the place where such contract is made. Provided that where a bill drawn and payable in this Colony is endorsed elsewhere the endorsement shall as regards the payer be interpreted according to the law of this Colony. (3) The duties of the holder with respect to presentment for acceptance or payment and the necessity for or sufficiency of a protest or notice of dishonour or otherwise are determined by the law of the place where the act is done or the bill is dishonoured. Colony and the (4) Where a bill is drawn out of but payable in this PART III. CHEQUES ON A BANKER. 71. A cheque is a bill of exchange drawn on a banker payable on demand. Except as otherwise provided in this part, the provisions of this Proclamation applicable to a bill of exchange payable on demand apply to a cheque. 72. Subject to the provisions of this Proclamation (1) Where a cheque is not presented for payment within a reasonable time of its issue and the drawer or person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual |