170

LAWS OF MARYLAND

[Ch. 49

(2)    A draft may be accepted although it has not
been signed by the drawer or is otherwise incomplete or
is overdue or has been dishonored.

(3)    Where the draft is payable at a fixed period
after sight and the acceptor fails to date his acceptance
the holder may complete it by supplying a date in good
faith.

3—411. Certification of a check.

(1)   Certification of a check is acceptance. Where
a holder procures certification the drawer and all prior
indorsers are discharged.

(2)    Unless otherwise agreed a bank has no
obligation to certify a check.

(3)    A bank may certify a check before returning it
for lack of proper indorsement. If it does so the
drawer is discharged.

3—412. Acceptance varying draft.

(1)    Where the drawee's proffered acceptance in any
manner varies the draft as presented 'the holder may
refuse the acceptance and treat the draft as dishonored
in which case the drawee is entitled to have his
acceptance cancelled.

(2)    The terms of the draft are not varied by an
acceptance to pay at any particular bank or place in the
United States, unless the acceptance states that the
draft is to be paid only at such bank or place.

(3)   Where the holder assents to an acceptance
varying the terms of the draft each drawer and indorser
who does not affirmatively assent is discharged.

3—413. Contract of maker, drawer and acceptor.

(1)   The maker or acceptor engages that he will pay
the instrument according to its tenor at the time of his
engagement or as completed pursuant to § 3—115 on
incomplete instruments.

(2)    The drawer engages that upon dishonor of the
draft and any necessary notice of dishonor or protest he
will pay the amount of the draft to the holder or to any
indorser who takes it up. The drawer may disclaim this
liability by drawing without recourse.

(3)    By making, drawing or accepting the party
admits as against all subsequent parties including the