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2332. Payment of part does not release from outstanding accepted part. 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. 1899, c. 733, s. 182.

2333. Payment of one part discharges whole, when. 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.

1899, c. 733, s. 183.

XIX. PROMISSORY NOTES AND CHECKS.

2334. Negotiable promissory note defined. A negotiable promissory note within the meaning of this chapter 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.

1899, c. 733, s. 184.

2335. Check defined, law governing. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided the provisions of this chapter are applicable to a bill of exchange payable on demand apply to a check.

1899, c. 733, s. 185.

2336. Failure to present in reasonable time discharges drawer. 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.

1899, c. 733, s. 186.

2337. Certification of check an acceptance. Where a check is certified by the bank on which it is drawn the certification is equivalent to an acceptance.

1899, c. 733, s. 187.

2338. Certification discharges drawer and indorsers. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon. 1899, c. 733, s. 188.

2339. Check not assignment of funds. 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.

1899, c. 733, s. 189.

XX. GENERAL PROVISIONS.

2340. Terms defined. In this chapter, unless the context otherwise requires

"Acceptance" means an acceptance completed by delivery or notifi

cation.

"Action" includes counterclaim and setoff.

"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.

1899, c. 733, s. 191.

2341. Rules of construction. Where the language of the instrument is ambiguous or there are omissions therein, the following rules of construction apply:

1. Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount.

2. Where the instrument is not dated it will be considered to be dated as of the time it was issued.

3. Where there is conflict between the written and printed provisions of the instrument the written provisions prevail.

4. Where the instrument is so ambiguous that there is doubt. whether it is a bill or a note the holder may treat it as either at his election.

5. Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser.

6. Where an instrument containing the words "I promise to pay" is signed by two or more persons, they are deemed to be jointly and severally liable thereon.

1899, c. 733, s. 17.

Note. For time from which interest runs, see s. 1952.

2342. Who primarily and secondarily liable. 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.

1899, c. 733, s. 192.

2343. Reasonable time determined by usage. In determining what is 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.

1899, c. 733, s. 193.

2344. Law merchant applicable. In any case not provided for in this chapter the rules of the law merchant shall govern. 1899, c. 733, s. 196.

2345. This chapter not retroactive. The provisions of this chapter do not apply to negotiable instruments made and delivered prior to the eighth day of March, one thousand eight hundred and ninetynine.

1899, c. 733, s. 197.

2346. This chapter not to authorize certain things. Nothing in this chapter shall authorize the enforcement of an authorization to confess judgment or a waiver of homestead and personal property exemptions or a provision to pay counsel fees for collection incorporated in any of the instruments mentioned in this chapter; but the mention of such provisions in such instruments shall not affect the other terms of such instruments or the negotiability thereof. 1899, c. 733, s. 197; 1905, c. 327.

NOTE. Instruments falling due on Sunday or holidays, see s. 2234.
From what time interest to run, see Interest, s. 1952.

CHAPTER 55.

NOTARIES.

(Sections 2347—2352.)

2347. Appointed by governor; qualified before clerk. The governor may, from time to time, at his discretion, appoint one or more fit persons in every county, to act as notaries public, who shall hold their office for two years from and after the date of their appointment; and on exhibiting their commission to the clerk of the superior court of the county in which they are to act, shall be duly qualified, by taking before said clerk an oath of office, and the oaths prescribed for officers.

Code, s. 3304; R. C., c. 75; 1777, c. 118, s. 15; 1881, c. 317.

2348. Commission; record of qualification by clerk. The governor shall issue to each a commission, a certificate of which shall be deposited with the clerk of the court, and filed among the records, and he shall note on his minutes the qualification of the notary public. Code, s. 3305; R. C., c. 75, s. 2.

2349. Clerks notaries ex officio; may certify own seals. The clerks of the superior court may act as notaries public, in their several counties, by virtue of their office as clerks, and may certify their notarial acts under the seals of their respective courts.

Code, s. 3306; R. C., c. 75, s. 3; 1833, c. 7, ss. 1, 2.

2350. May take probates, administer oaths, etc. Notaries public, in and out of the state, shall have power to take and certify the acknowledgment or proof of powers of attorney, mortgages, deeds and other instrument of writing, to take depositions and to administer oaths and affirmations in matters incident or belonging to the duties of their office, and to take affidavits to be used before a court, judge or other officer, within the state, and shall have power to take the privy examination of femes covert.

Code, s. 3307; 1866, c. 30; 1879, c. 128.

Note.

For powers of notary of another state, see s. 990.

2351. May exercise power in other than own county. Notaries public shall have full power and authority to perform the functions of their office in any and all counties of the state, and full faith and

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credit shall be given to any of their official acts wheresoever the same shall be made and done.

1891, c. 248.

2351a. Must state expiration of commission. Notaries public shall state after each official signature by them the date of the expiration of their commissions; but the failure to do so shall not thereby invalidate their official acts.

2352. Seal. Official acts by notaries public shall be attested by their notarial seals.

CHAPTER 56.

OATHS.

(Sections 2353-2363.)

2353. Oaths administered with solemnity. Whereas, lawful oaths for the discovery of truth and establishing right are necessary and highly conducive to the important end of good government; and being most solemn appeals to Almighty God, as the omniscient witness of truth and the just and omnipotent avenger of falsehood, such oaths, therefore, ought to be taken and administered with the utmost solemnity.

R. C., c. 76, s. 1; 1777, c. 108, s. 2.

2354. How administered. Judges and justices of the peace, and other persons who may be empowered to administer oaths, shall (except in the cases in this chapter excepted) require the party sworn, to lay his hand upon the Holy Evangelists of Almighty God, in token of his engagement to speak the truth, as he hopes to be saved in the way and method of salvation pointed out in that blessed volume; and in further token, that, if he should swerve from the truth, he may be justly deprived of all the blessing of the Gospel, and made liable to that vengeance which he has imprecated on his own head; and he shall kiss the Holy Gospel, as a seal of confirmation to the said engagements.

Code, s. 3309; R. C., c. 76, s. 1; 1777, c. 108, s. 2.

2355. Who may be sworn with uplifted hand; form of affirmation. When the person to be sworn shall be conscientiously scrupulous of taking a book oath in manner aforesaid, he shall be excused

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