ART. 13 ] DISCHARGE OF INSTRUMENTS. 45

1. By any act which discharges the instrument;

2. By the intentional cancellation of his signature by the
holder;

3. By the discharge of a prior party;

4. By a valid tender of payment made by a prior party;

5. By a release of the principal debtor, unless the holder's
right of recourse against the party secondarily liable is expressly
reserved;

6. By any agreement binding upon the holder to extend the
time of payment, or to postpone the holder's right to enforce the
instrument, unless the right of recourse against such party is
expressly reserved.

140. Where the instrument is paid by a party secondarily
liable thereon, it is not discharged; but the party so paying it is
remitted to his former rights as regards all prior parties, and he
may strike out his own and all subsequent indorsements, and
again negotiate the instrument, except:

1. Where it is payable to the order of a third person, and has
been paid by the drawer; and

2. Where it was made or accepted for accommodation, and
has been paid by the party accommodated.

141. The holder may expressly renounce his rights against
any party to the instrument, before, at, or after its maturity. An
absolute and unconditional renunciation of his rights against the
principal debtor made at or after the maturity of the instrument
discharges the instrument. But a renunciation does not affect
the rights of a holder in due course without notice. A renunciation
must be in writing, unless the instrument is delivered up to the
person primarily liable thereon.

142. A cancellation made unintentionally, or under a mistake,
or without the authority of the holder, is inoperative; but where
an instrument or any signature thereon appears to have been can-
celled the burden of proof lies on the party who alleges that the
cancellation was made unintentionally, or under a mistake, or
without authority.