The Montgomery advertiser., 1907-08-29

specified event, the time or payment is determined by excluding the day from which the time is to begin to run, and by including the day of payment.
 Sec. 87. Where the instrument is made payable at bank 1t is equiva- lent to an order to the bank to pay the same for the account of the princi- pal debtor thereon.
 Section SS. Payment Is made in due course when 1t Is made at or after ma turity of the instrument to the holder thereof in good faith and without mo- tice that his title is defective.
 Sec 89. Except as herein otherwise provided. when a negotiable instru- ment has been dishonored by non-ac- ceptance or non payment, notice of dis honor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
 Sec 9e. The notice may be given by or on behalf of the holder, or by or on behalf of any party to the in strument who might be compelled to pay 1t to the holder and who, upon taking it up, would have right to reimbursement from the party to whom the notice is given.
 Sec. 91. Notice of dishonor may be given by an agent either in his own name or in the name of any party en- titled to give notice, whether that par ty be his principal or not.
 Sec. 92 Where notice is given by or on behalf of the holder, 1t insures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.
 Sec. ss., Where notice is given by or on behalf of party entitled to give notice, 1t inures for the benefit of the holder and all parties subsequent to the party to whom notice is given.
 Sec. 94. Where the instrument has been dishonored in the hands of an agent he may either himself give mo- tice to the parties liable thereon, or he may give notice to his principal. If he gives notice to his principal, he must do so within the same time as if he were the holder, and the prin- cipal upon the receipt of such notice, has himself the same time for giving notice as if the agent had been an in dependent holder.
 Sec 95. A written notice need not be signed and an insufficient written notice may be supplemented and val dated by verbal communication. A mis- description of the instrument does not vitiate unless the party to whom the notice is given is in fact misled thereby.
 Sec. s6. The notice may be in writ ing or merely oral and may be given in any terms which sufficiently iden- tify the instrument and indicate that 1t has been dishonored by non-accept- ance or non-payment. It may in all cases be given by delivering 1t per sonal1y or through the malls.
 Sec. s7. Notice of dishonor may be given either to the party himself or to his in that behalf. Ss
 Sec. 98. Where any party is dead, and his death Is known to the party giving notice, the notice must be giv- en to a personal representative, if there be one. and with reasonable diligence, he can be found. If there be no per sonal representative, notice may be sent to the last residence or last place of business, of the deceased.
 Sec. 99. Where the parties to be mo- tified are partners, notices to any one partner is notice to the firm, even though there has been a dissolution.
 Sec. 100. Notice to joint parties who are not partners smust be given to each of them, unless one of them has authority to receive such notice for the others.
 Sec. 101. Where party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be giv- en either to the party himself or to his trustee or assignee.
 Section 1o2. Notice may be given as soon as the instrument is dishonored, and unless delay Is excused hereinafter must be given within the time fixed by this act.
 Sec. 10s. Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times: 1. If given at the place of business of the person to receive notice. it must be given before the close of business hours on the day following. 2, If given at his residence. 1t must be given before the usual hours of rest on the day following.V 3. If sent by mail 1t must be deposited in the post office In time to reach him in the usual course on the day folio, .ng.
 Sec. 104. Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times: 1. If sent by mail 1t must be deposited in the post office in time to go by mail the day following the day of dishonor, or If there be no mai at a convenient hour on that day, by the next mail thereafter. g. If given otherwise than through the post office. then within the time that notice would have been received in due course of mail If it had been deposited in the post of flee within the time specified in the last sub division.
 Sec. 105. Where notice of dishonor Is duly addressed and deposited in the post office, the sender is deemed to have given due notice, notwithstanding any in the mails.
 Sec. 106 Notice is deemed to have been deposited in the post office when deposited in any branch post office or in any letter box under the control of the post office department.
 Sec. 107 Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor
 Sec. 10S. Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he is not given such address, then the notice must be sent as fol- lows. 1. Either to the post office nearest to his place of residence, or to to receive his letters. or ?. 1T he lives in one place, and have his place of business in another. notice may be sent to either place; or, 3. If he is sojourning in another place. notice may be sent to the place where he Is sojourning. But where the notice is received by the party within the time specified in this act, 1t will be sufficient, though not sent In &C., cordance with the requirements of this section.
 Sec. 1O9. Notice of dishonor may be. waived. either before the time of giv-