786

Action on
Jost bill,

Rules as
to sets.

ules
where laws
conflict.

Ch. 31. No. 5.| Bills of Exchange.

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 ina set.

71. (1) Where a billis drawn ina 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
acerues is as between such holders deemed the true owner
of the bill, but nothing in this subsection shall affect the
Tights 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 Hable 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 matur ity} is outstanding
in the hands of a holder in due course, he is lable 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.
72. Where a bill drawn in one country is negotiated,
accepted, or payable in another, the rights, duties, and
liabilities of the parties thereto are determined as follows :—