How a bill drawn in a set should be paid.

When a payment of one part of such bill discharges the whole.

§ 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.

§ 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.

Negotiable promissory note.

A check.

When drawer discharged from payment.

Certified check equivalent to acceptance.

Check certified discharges drawer,

etc.

Bank not liable until it accepts or certifies a check.

TITLE III.--PROMISSORY NOTES AND CHECKS.

ARTICLE I.

§ 184. 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 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.

$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.

$ 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.

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

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

§ 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.

$190. quires:

ARTICLE I.

In this act, unless the context otherwise re

"Acceptance" means an acceptance completed by delivery or notification.

"Action" includes counterclaim 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.

Words used in this act defined.

§ 191. The person "primarily" liable on an instru- Persons primarily ment is the person who, by the terms of the instrument, liable and second

"Reasonable time"

and unreasonable time.'

Last day on which act can be done.

LAWS OF KENTUCKY.

is absolutely required to pay the same.
parties are "secondarily" liable.

All other

§ 192. 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 instruments, and the facts of the particular case.

§ 193. Where the day or the last day, for doing an 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 or business day.

$194. The provisions of this act do not apply to negotiable instruments made and delivered prior to the passage hereof.

§ 195. All laws inconsistent with this act are hereby repealed.

Approved March 24, 1904.

Appropriation.

CHAPTER 103.

AN ACT appropriating money for the benefit of Eastern Kentucky
Lunatic Asylum for the Insane.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That there is hereby appropriated out of the general revenue of the State for the benefit of the Eastern Kentucky Asylum for the Insane, at Lexington, to be expended by the Board of Commissioners thereof, as hereinafter set forth, the following named sums for the specific purposes, constructions, improvements and equipments of the same herein named, and set forth as follows, to-wit:

"For deficit, five thousand six hundred and fifty dollars.

"For new engine and dynamo for electric light

plant, $5,000.

"For storeroom, $5,000."

§ 2. The money hereby appropriated shall be How money drawn. drawn on drafts of the Board of Commissioners of said institution, and upon such draft or drafts, not exceeding in the aggregate the sum aforesaid, being made upon him, the Auditor of Public Accounts shall draw his warrant or warrants upon the Treasurer of this State in favor of the treasurer of said asylum, for any sum or sums of money not exceeding the amount hereby appropriated to said institution, but no part of such money shall be drawn from the treasurer of said institution, except in payments for work and improvements mentioned in section 1 of this act.

§ 3. The president of the Board of Commissioners shall advertise for bids for furnishing all labor and materials of every kind and description necessary for the construction, erection and completion of the buildings, the making of the improvements and repairs mentioned in section 1, except such labor and materials, if any, as may be furnished by the employes or patients of said institution; and all such bids shall be opened in the presence of the Board of Commissioners, and it shall be the duty of the latter to accept such bid or bids as it may deem the lowest and best; and if, in its judgment, all or any of such bids shall be unsatisfactory, said Board of Commissioners may reject any and all such bids, and readvertise for others in the same manner, and so on until it shall be satisfied to accept bids and tenders; and when contracts for the erection of said buildings, the furnishing of labor and materials and the doing of the work and

Bids for labor and material.

Itemized account.

making the said repairs and improvements shall have been in accord with said bids made and entered into,. the Board of Commissioners shall retain from the contract price thereof amount sufficient to secure the faithful and complete performance of any and all such contracts, and shall not pay the money so retained, nor any part thereof, until such contract shall have been fully and faithfully performed and the work accepted and approved by the Roard of Commissioners.

$ 4. The Board of Commissioners of said institution shall not pay, or cause to be paid, any part of the money appropriated by this act to any contractor, or other person or persons, employed in the construction, erecting or furnishing material for the erection, work and repairs authorized by this act, until such contractor or contractors or other persons aforesaid, shall deliver to said Board, or its president thereof, an itemized statement and account of all material so furnished or labor performed, for which payment may be requested or demanded, which said itemized statement or account shall be approved and endorsed by the architect or superintendent employed by said Board of Commissioners, and verified by the oath of such contractor, or other person or persons presenting such accounts for payment, and if such account is found to be just and correct, and is approved by the Board, the secretary of the Board of Commissioners shall note the said facts in the form of a certificate on or appended to such itemized account, and the same shall be paid as other accounts, or bills, or claims. against said institution are paid, by order of the Board of Commissioners thereof, but the money hereby appropriated shall be kept separate and apart from the other funds of the institution, and all accounts and expenditures thereof shall be kept and stated, and ac