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for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. in effect July 31, 1917.

§ 3243. ACCEPTANCE FOR HONOR; HOW MADE. An acceptance for honor supra protest must be in writing, and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. in effect July 31, 1917.

8 3244. WHEN DEEMED TO BE AN ACCEPTANCE FOR HONOR OF THE DRAWER. Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. in effect July 31, 1917.

$ 3245. LIABILITY OF THE ACCEPTOR FOR HONOR. The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. In effect July 31, 1917.

3246. AGREEMENT TO ACCEPT FOR HONOR. The acceptor for honor, by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance; provided, it shall not have been paid by the drawee; and provided, also, that it shall have been duly presented for payment and protested for nonpayment and notice of dishonor given him.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. In effect July 31, 1917.

8 3247. MATURITY OF BILL PAYABLE AFTER SIGHT; ACCEPTANCE FOR HONOR, ETC. Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for nonacceptance and not from the date of the acceptance for honor.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1556. In effect July 31, 1917.

8 3248. PROTEST OF BILL ACCEPTED FOR HONOR, ETC. Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for nonpayment before it is presented for payment to the acceptor for honor or referee in case of need.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1557. In effect July 31, 1917.

8 3249. PRESENTMENT FOR PAYMENT TO ACCEPTOR FOR HONOR; HOW MADE. Presentment for payment to the acceptor for honor must be made as follows:

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

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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-six.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1557. In effect July 31, 1917.

8 3250. WHEN DELAY IN MAKING PRESENTMENT IS EXCUSED. The provisions of section three thousand one hundred sixty-three apply where there is delay in making presentment to the acceptor for honor or referee in case of need.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1557. in effect July 31, 1917.

8 3251. DISHONOR OF BILL BY ACCEPTOR FOR HONOR. When the bill is dishonored by the acceptor for honor it must be protested for nonpayment by him.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1557. In effect July 31, 1917.

ARTICLE VI.

PAYMENT FOR HONOR.

8 3252. Who may make payment for honor.
§ 3253. Payment for honor; how made.
$ 3254. Declaration before payment for honor.

3255. Preference of parties offering to pay for honor.
§ 3256. Effect on subsequent parties where bill is paid for honor.
8 3257. Where holder refuses to receive payment supra protest.

$ 3258. Rights of payer for honor. 8 3252. WHO MAY MAKE PAYMENT FOR HONOR. Where a bill has been protested for nonpayment, 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1557. in effect July 31, 1917.

8 3253. PAYMENT FOR HONOR; HOW MADE. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1557. In effect July 31, 1917.

8 3254. DECLARATION BEFORE PAYMENT FOR HONOR. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1557. In effect July 31, 1917.

8 3255. PREFERENCE OF PARTIES OFFERING TO PAY FOR HONOR. 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917,

p. 1557. In effect July 31, 1917. 1. Rules

to

checks Construction 3. Payment by check-Rights and liabili. (subd. 1).—The provision of section 3255 of ties.—Where a railroad company in good the Civil Code that the drawer of a check faith draws checks upon a bank in which is exonerated by delay in its presentment it has money on deposit and delivers them only to the extent that he suffers injury to a construction company in payment of an thereby applies only to a case where there indebtedness, and the latter company inhas been delay in presentment, and not to a dorses the checks to another bank for colcase where there was a presentment to the lection, and the latter bank, instead of drawee and credit with the drawee was cashing the checks, deposits them in the accepted in lieu of cash.-Utah Construction bank on which they were drawn and in Co. v. Western Pac. R. Co., 174 Cal. 156, 162 which it kept a deposit account, and takes Pac. 631.

credit for the amount thereof for its own 2. A credit given for the amount of a purposes, the railroad company is thereby check by the bank upon which it is drawn exonerated, notwithstanding the insolvency is equivalent to, and will be treated as, a of the bank on which they were drawn.payment of the check.-Utah Construction Utah Construction Co. v. Western Pac. R. Co. v. Western Pac. R. Co., 174 Cal. 156, 162 Co., 174 Cal. 156, 162 Pac. 631. Pac. 631.

8 3256. EFFECT ON SUBSEQUENT PARTIES WHERE BILL IS PAID FOR HONOR. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1557. in effect July 31, 1917.

8 3257. WHERE HOLDER REFUSES TO RECEIVE PAYMENT SUPRA PROTEST. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3258. RIGHTS OF PAYER FOR HONOR. The payer for honor, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonor, is entitled to receive both the bill itself and the protest.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

ARTICLE VII.

BILLS IN A SET.

$ 3259. Bills in sets constitute one bill. 8 3260. Right of holders where different parts are negotiated. 8 3261. Liability of holder who indorses two or more parts of a set to different persons. § 3262. Acceptance of bills drawn in sets. $ 3263. Payment by acceptor of bills drawn in sets. § 3264. Effect of discharging one of a set.

8 3259. BILLS IN SETS CONSTITUTE ONE BILL. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3260. RIGHT OF HOLDERS WHERE DIFFERENT PARTS ARE NEGOTIATED. 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 the 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917,

p. 1558. In effect July 31, 1917. 8 3261. LIABILITY OF HOLDER WHO INDORSES TWO OR MORE PARTS OF A SET TO DIFFERENT PERSONS. 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 such parts were separate bills.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3262. ACCEPTANCE OF BILLS DRAWN IN SETS. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3263. PAYMENT BY ACCEPTOR OF BILLS DRAWN IN SETS. 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3264. EFFECT OF DISCHARGING ONE OF A SET. Except as herein otherwise provided where any one part of a bill drawn in a set is discharged by pay. ment or otherwise the whole bill is discharged.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

CHAPTER III.

PROMISSORY NOTES AND CHECKS.

ARTICLE I.

$ 3265. Promissory note defined.
$ 3265a. Check defined.
8 3265b. Within what time a check must be presented.
$ 3265c. Certification of check; effect of.
$ 3265d. Effect where the holder of check procures it to be certified.
8 3265e. When check operates as an assignment.

§ 3265. PROMISSORY NOTE DEFINED. 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. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

$ 3265a. CHECK DEFINED. 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.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265b. WITHIN WHAT TIME A CHECK MUST BE PRESENTED. 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265c. CERTIFICATION OF CHECK; EFFECT OF. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265d. EFFECT WHERE THE HOLDER OF CHECK PROCURES IT TO BE CERTIFIED. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265e. WHEN CHECK OPERATES AS AN ASSIGNMENT. 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.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

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