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Section 61: Cancellation

Bills Of Exchange Act · PART I: BILLS OF EXCHANGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

61. Cancellation (1) Where a bill is intentionally cancelled by the holder or his agent, and the cancellation is apparent on the bill, the bill is discharged. (2) (a) 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. (b) 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) A cancellation made unintentionally, or under a mistake, or without the authority of the holder is inoperative. (b) Where a bill or any signature on it 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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