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BILLS OF EXCHANGE ACT 1882 - SECT 63

Cancellation.

63.(1) Where a bill is intentionally cancelled by the holder or his agent, and
the cancellation is apparent thereon, the bill is discharged.

(2) In like manner any party liable on a bill may be discharged by the
intentional cancellation of his signature by the holder or his agent. In such
case any indorser who would have had a right of recourse against the party
whose signature is cancelled is also discharged.

(3) A cancellation made unintentionally, or under a mistake, or without the
authority of the holder is inoperative; but where a bill or any signature
thereon appears to have been cancelled the burden of proof lies on the party
who alleges that the cancellation was made unintentionally, or under a
mistake, or without authority.


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© 1882 Crown Copyright

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