ENT
Article 72
1.- A party is discharged of liability on the instrument when he pays the holder, or a party subsequent to himself who has paid the instrument and is in possession of it, the amount due pursuant to article 70 or article 71:
(a) At or after maturity; or
(b) Before maturity, upon dishonour by non-acceptance.
2.- Payment before maturity other than under paragraph 1 (b) of this article does not discharge the party making the payment of his liability on the instrument except in respect of the person to whom payment was made.
3.- A party is not discharged of liability if he pays a holder who is not a protected holder, or a party who has taken up and paid the instrument, and knows at the time of payment that the holder or that party acquired the instrument by theft or forged the signature of the payee or an endorsee, or participated in the theft or the forgery.
4.- (a) A person receiving payment of an instrument must, unless agreed otherwise, deliver:
(i) To the drawee making such payment, the instrument;
(ii) To any other person making such payment, the
instrument, a receipted account, and any protest.
(b) In the case of an instrument payable by instalments at successive dates, the drawee or a party making a payment, other than payment of the last instalment, may require that mention of such payment be made on the instrument or on a slip affixed thereto ("allonge") and that a receipt therefor be given to him.
(c) If an instrument payable by instalments at successive dates is dishonoured by non-acceptance or by non-payment as to any of its instalments and a party, upon dishonour, pays the instalment, the holder who receives such payment must give the party a certified copy of the instrument and any necessary authenticated protest in order to enable such party to exercise a right on the instrument.
(d) The person from whom payment is demanded may withhold payment if the person demanding payment does not deliver the instrument to him. Withholding payment in these circumstances does not constitute dishonour by non-payment under article 58.
(e) If payment is made but the person paying, other than the drawee, fails to obtain the instrument, such person is discharged but the discharge cannot be set up as a defence against a protected holder to whom the instrument has been subsequently transferred.
Article 73
1.- The holder is not obliged to take partial payment.
2.- If the holder who is offered partial payment does not take it, the instrument is dishonoured by non-payment.
3.- If the holder takes partial payment from the drawee, the guarantor of the drawee, or the acceptor or the maker:
(a) The guarantor of the drawee, or the acceptor or the maker is discharged of his liability on the instrument to the extent of the amount paid;
(b) The instrument is to be considered as dishonoured by non-payment as to the amount unpaid.
4.- If the holder takes partial payment from a party to the instrument other than the acceptor, the maker or the guarantor of the drawee:
(a) The party making payment is discharged of his liability on the instrument to the extent of the amount paid;
(b) The holder must give such party a certified copy of the instrument and any necessary authenticated protest in order to enable such party to exercise a right on the instrument.
5.- The drawee or a party making partial payment may require that mention of such payment be made on the instrument and that a receipt therefor be given to him.
6.- If the balance is paid, the person who receives it and who is in possession of the instrument must deliver to the payor the receipted instrument and any authenticated protest.
Article 74
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