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Acceptance.

620. [Sec. 181.] 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.

Acceptor.

621. [Sec. 182.]

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.

Discharge of One Part Discharges Bill.

622. [Sec. 183.] 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.

TITLE III.

PROMISSORY NOTES AND CHECKS.

"Negotiable Note."

623. [Sec. 184.]

ARTICLE I.

A negotiable promissory note, within the meaning of this act, 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 determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him. Bank vs. Dresser, 132 La. 532.

"Check."

624. [Sec. 185.] A check is a bill of exchange drawn on a bank, payable on demand. Except as herein otherwise provided, the provisions of this act applicable to a bill of exchange payable on demand, apply to a check.

When Check Must be Presented.

625. [Sec. 186.] 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.

Certified Check.

626. [Sec. 187.] Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.

Discharge of Parties by Certification.

627. [Sec. 188.] Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.

Check is Not Assignment.

628. [Sec. 189.] 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.

TITLE IV.

GENERAL PROVISIONS.

ARTICLE I.

Name of Act.

629. [Sec. 190.] This act shall be known as the NEGOTIABLE INSTRUMENT LAW.

Definitions.

630. [Sec. 191.] In this act, unless the context otherwise requires,

"Acceptance" means an acceptance completed by delivery or

notification.

"Action" includes counter-claim 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. Primary and Secondary Parties.

631. [Sec. 192.] The person "primarily" liable on an instrument is the person who, by the terms of the instrument, is absolutely required to pay same. All other parties are "secondarily" liable.

"Reasonable Time."

632. [Sec. 193.] 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 instrument, and the facts of the particular

case.

When Last Day a Holiday.

633. [Sec. 194.] When the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular business day.

Scope of Act.

634. [Sec. 195.] The provisions of this act do not apply to negotiable instruments made and delivered prior to the passage hereof.

Law Merchant Adopted.

635. [Sec. 196.] In any case not provided for in this act, the rules of the law merchant shall govern.

Is this section constitutional? Const., Art. 33.

Established.

BIOLOGIC STATION.

636. [Sec. 1, Act 182, 1898, p. 428.] A Biologic Station for the investigation of problems affecting the fish and fisheries of Louisiana is established and located on the Gulf Coast of this State.

Game and Fish Commission to Control.

637. [Sec. 2.] The "Board of Commissioners for the Protection of Birds, Game and Fish" be vested with the control of said station and that said Board shall have full power and authority to pass all needful regulations and rules for the government and management of said station; to accept donations of money or property for the benefit and use of said station and to devote the same to the objects of said station; to acquire lands necessary to the extension or improvement of said station; to receive all funds appropriated by the State or donated by all persons, institutions, and to control and manage the same and disburse the same for the necessary expenses of the station; to fish unmolested in any of the waters of the State with dredging apparatus, seines nets, trawls, surface trawls, and all other instruments and apparatus for the sole purpose of obtaining the materials needed in the prosecution of the purposes and necessary investigations in the direction of the scientific objects for which this station is established as set forth in the original Act and generally to have all power and authority necessary to carry out the purposes and objects of said Act investigating the fauna and flora of the Gulf of Mexico and the waters adjacent thereto. (Amd. Act 164, 1910, p. 248.)

638. [Sec. 3.] The Board of Control of the Gulf Biologic Station provided for by this act be empowered and directed to locate said Station, to provide for co-operation in its investigations with the United States Commission of Fish and Fisheries, to offer its facilities, under proper regulations, to special investigation and students, in the Biologic Sciences, and to publish in the publication of the State Bureau of Agriculture and Immigration the results of the investigations of said Station that may be of value in the development of the Biologic resources of the State.

To Remove Present Site.

639. [Sec. 2, Act 164, 1910, p. 248.] The Board of Commissioners for the Protection of Birds, Game, and Fish shall, as soon as practical remove the buildings and apparati belonging to the said station now located at McCall in Cameron Parish to a more suitable place and shall there conduct a station according to the provisions pointed out by law and to carry out the purposes mentioned in this Act, and that all ordinary and necessary expenses incident or necessary to carrying out the purposes of this

Act shall be paid out of the revenues accruing to said Board of Commissioners and without any appropriation otherwise therefor from the State of Louisiana.

BIRTHS, DEATHS AND MARRIAGES, RECORDATION OF

Book in Which Births Recorded.

640. [R. S. 338.] [R. S. 338.] It shall be the duty of all the parish recorders of this State to record all births in a book bound and kept for that purpose, in the order of their dates.

What Record Shall Contain.

641. [R. S. 341.] The said record shall contain the day, hour and place of birth, the sex of the child, and the first name or names given to the child, the first name or names, profession and residence of the father and mother, and the names of the witnesses.

Blanks for Recording.

642. [Sec. 8, Act 80, 1877, E. S., p. 117.] The president of the board of health shall be ex-officio recorder of births, deaths, and marriages for the parish of Orleans, but shall, as such, be under the general direction and control of said board. All fees collected by him shall be paid into and be a part of the funds of said board. The said board shall prescribe such blanks and forms as it may deem necessary for procuring vital statistics in said parish, and enforce the use of the same; and the president of said board'shall cause to be prepared and shall keep suitable books of record for said office, which shall be carefully preserved in fireproof buildings or vaults.

Deputy Recorder.

643. [Sec. 1, Act 141, 1890, p. 180.] The president of the Board of Health of the State of Louisiana be, and is hereby authorized to appoint a deputy recorder of births, deaths, and marriages for the Parish of Orleans, which deputy shall be authorized to administer all oaths or declarations under oath, requisite in the recording of births, deaths, marriages and marriage licenses, and any person who shall falsely swear under said oaths, shall be deemed guilty of perjury, and shall be punished on conviction thereof, as in other cases of perjury.

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