Section 3--804. Lost, Destroyed or Stolen Instruments.

The owner of an instrument which is lost, whether by destruction,
theft or otherwise, may maintain an action in his own name and recover
from any party liable thereon upon due proof of his ownership, the facts
which prevent his production of the instrument and its terms. The court
shall require security, in an amount fixed by the court not less than
twice the amount allegedly unpaid on the instrument, indemnifying the
defendant, his heirs, personal representatives, successors and assigns
against loss, including costs and expenses, by reason of further claims
on the instrument, but this provision does not apply where an action is
prosecuted or defended by the state or by a public officer in its
behalf.