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(1) If it is to be presented in the place where the protest for non-payment was made, it must be presented not later than the day following its maturity.

(2) If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in section three thousand one hundred eighty-five. 1921 -215.

3250. The provisions of section three thousand one hundred sixty-two apply where there is delay in making presentment to the acceptor for honor or referee in case of need. 1921–215.

3251. When the bill is dishonored by the acceptor for honor it must be protested for non-payment by him. 1917–1557.

ARTICLE VI.

Payment for Honor. Section

Section 3252. Who may make payment for 3255. Preference of parties offer. honor.

ing to pay for honor. 3253. Payment for honor; how 3256. Effect on subsequent parties made.

where bill is paid for honor. 3254. Declaration before payment 3257. Where holder refuses to refor honor.

ceive payment supra protest. 3258. Rights of payer for honor.

3252. Where a bill has been protested for non-payment, any person may intervene and pay it supra protest for the honor of any person liable thereon or for the honor of the person for whose account it was drawn. 1917–1557.

3253. The payment for honor supra protest in order to operate as such and not as a mere voluntary payment must be attested by a notarial act of honor which may be appended to the protest or form an extension to it. 1917—1557.

3254. The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays. 1917—1557.

3255. Where two or more persons offer to pay a bill for the honor of different parties, the person whose payment will discharge most parties to the bill is to be given the preference. 1917—1557.

3256. Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter. 1917–1557.

3257. Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by such payment. 1917--1558.

3258. The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidenta

incidental to its dishon entitled to receive both the bill itself and the protest. 1917–1558.

ARTICLE VII.

Bills in a Set.

Section

Section 3259. Bills in sets constitute one 3262. Acceptance of bills drawn in bill.

sets. 3260. Right of holders where dif- 3263. Payment by acceptor of bills

ferent parts are negotiated. drawn in sets. 3261. Liability of holder who in- 3264. Effect of discharging one of

dorses two or more parts of a set.
a set to different persons.

3259. 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 constitutes one bill. 1917—1558.

3260. 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 the true owner of a bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented 'to him. 1917—1558.

3261. Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subs ; to him is liable on the part he has himself indorsed, as if such parts were separate bills. 1917–1558.

3262. 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 are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill. 1917—1558.

3263. 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 thereon. 1917—1558.

3264. Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged. 1917—1558.

CHAPTER III.
Promissory Notes and Checks.

ARTICLE I.

Section

Section 3265. Promissory note defined. 3265d. Effect where the holder of 3265a. Check defined.

a check procures it to be 3265b. Within what time a check

certified. must be presented.

3265e. When check operates as an 3265c. Certification of check; ef

assignment. fect of.

3265. A negotiable promissory note within the meaning of this title is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order .or to bearer but the negotiability of a promissory note otherwise negotiable in form, secured by a mortgage or deed of trust upon real or personal property shall not be affected or abridged by reason of a statement therein that it is so secured, nor by reason of the fact that said instrument is so secured nor by any conditions contained in the mortgage or deed of trust securing the same. Where a note is drawn to the maker's own order it is not complete until indorsed by him. 1923.

3265a. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this title applicable to a bill of exchange payable on demand apply to a check. 1917–1559.

3265b. A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay. 1917–1559.

3265c. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance. 1917–1559.

3265d. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon. 1917–1559.

3265e. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check. 1917–1559.

CHAPTER IV.
General Provisions.

ARTICLE 1.

Section

Section 3266. Definitions and meaning of 3266b. Reasonable time, what conterms.

stitutes. 3266a. Person primarily liable on 3266c. Time, how computed, when instrument.

last day falls on holiday. 3266d. Application of act.

3266. In this title, unless the context otherwise requires

“Acceptance” means an acceptance completed by delivery or notification.

Action” includes counterclaim and set-off.

Bank” includes any person or association of persons carrying on the business of banking, whether incorporated or not.

"Bearer” means the person in possession of a bill or note which is payable to bearer.

“Bill” means bill of exchange, and “note” means negotiable promissory note.

“Delivery” means transfer of possession, actual or constructive, from one person to another.

“Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.

“Indorsement” means an indorsement completed by delivery. “Instrument” means negotiable instrument.

“Issue” means the first delivery of the instrument complete in form, to a person who takes it as a holder.

“Person” includes a body of persons, whether incorporated or not. “Value” means valuable consideration.

“Written” includes printed, and “writing” includes print. 1917— 1559.

3266a. The person “primarily” liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are “secondarily” liable. 1917— 1560.

3266b. In determining what is a "reasonable time” or an “unreasonable time,” regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case. 1917–1560.

3266c. Where the day, or the last day, for doing any act herein required or permitted to be dòne falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. 1917–1560.

3266d. The provisions of this title do not apply to negotiable instruments made and delivered prior to the taking effect hereof. In any case not provided for in this title the rules of the law merchant shall govern. 1921—215.

TITLE XVI.

General Provisions.

Section
3268. Parties may waive code provisions.

3268. Except where it is otherwise declared, the provisions of the foregoing fifteen titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.

DIVISION FOURTH

PART I. RELIEF.

II. SPECIAL RELATIONS OF DEBTOR AND CREDITOR.
III. NUISANCE.
IV. MAXIMS OF JURISPRUDENCE.

PART I.

RELIEF.

TITLE I. RELIEF IN GENERAL.

II. COMPENSATORY RELIEF.
III. SPECIFIC AND PREVENTIVE RELIEF.

TITLE I.
Relief in General.

Section.

3274. Species of relief.

Section.

3275. Relief in case forfeiture.

3274. As a general rule, compensation is a relief or remedy provided by the law of this state for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this part of the Civil Code.

3275. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.

TITLE II.

Compensatory Relief. Chapter I. Damages in General.

II. Measure of Damages.

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