Commonwealth Consolidated Acts

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BILLS OF EXCHANGE ACT 1909 - SECT 76

Rules as to sets

  (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 or she is liable on every such part, and every indorser subsequent to him or her is liable on the part he or she has 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 or her .

  (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 or she 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 or her acceptance to be delivered up to him or her , and that part at maturity is outstanding in the hands of a holder in due course, he or she 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.




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