Section 132: Set of bills

Negotiable Instruments Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1881

Legal Commentary & Landmark Judgments: Section 132

Section 132 regulates bills of exchange drawn in sets, enacting that bills of exchange may be drawn in parts, each part being numbered and containing a provision that it shall continue payable only so long as the others remain unpaid.

  • Bills in Sets of Two or Three: Common in international maritime trade, where three identical parts (First, Second, Third of Exchange) are mailed via separate routes.
  • Single Contractual Obligation: All parts together constitute one bill; payment or acceptance of any one part extinguishes the whole bill.
  • Condition of Extinguishment: Each part must state: 'pay this First of Exchange (Second and Third of the same tenor and date unpaid)'
Key Landmark Precedents:
  • Kearney v. West Granada Mining Co. (1856) 1 H & N 412: The classical authority establishing that payment of one part of a bill in a set discharges the entire commercial obligation across all parts.
  • Holdsworth v. Hunter (1830) 10 B & C 449: Discussed the rights of holders acquiring different parts of a bill in a set in international commerce.
Courtroom Practice & Strategic Litigation Guidance:

When handling international trade finance documentation under UCP 600 or commercial bills in sets, ensure the drawee accepts ONLY ONE physical part. If an acceptor negligently accepts two separate parts, they are liable on both parts under Section 132(2) if held by different holders in due course.