Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-04-24


signature notice of dsoror he that address; but
if he has not given such address, then the notice be
follows
l. Either to the post office nearest to his place of residence
the post office where he accustomed receive his let
2 If he live in one place. and have his place of busnc.. in
another notice may be- either place;
B. If he is oiourng in another place. notice may he
to the place where he is -oiolming.
But where the notice actually received by the party within
the time specified in this Act it will he sufficient though
sent in accordance with the requirements of this section.
SEcmoN l09 Notice Of dshonor may be waived either be
fore the time Of giving notice has arrived after the omission
10 give due notice. and the waiver may be express implied
SECTION no. Where the waiver is embodied in the inru-
mcnt itself. is binding upon all parties; but where it is
written above the signature Of an indorscr it binds him only
SECTION Ill., waiver of protest whether in the of
foreign bill Of exchange other negotiable instrument is
deemed to be waiver only of formal protest but also of
prcscntmcnt and notice of dishonor
SECwoN ~. Notice of dshonor is dispensed with. wlcn
after the exercise Of reasonable diligence cannot be given
does not reach the parties sought to be charged
SECTION 49, Delay in giving notice of dhonor is excused
when the delay caused by circumstances beyond the control
of tn" holder and not mpuabc to his dcfll misconduct
negligence When the of delay operate, notice
must be given with reasonable diligence.
SECTION IA. Notice of dhonor required be given
to the drawer in either of the following cases: CO. ..
|. Where the drawer and drawcc are the person:
,. When the drawcc is fictitious person person
having capacity to contract;
3 When the drawer is the person whom the instrument
is presented for payment;
t. Where the drawer has right expect or require that
the irawc" or acrcptor will honor the instrument;
j. Where the drawer has countcnmndcd payment
SECTION 10. Notice of dhonor required he given
TO AN imdorscr in either of the following eases:
l. Where the drawcc is fictitious person or person
having capacity contract, and the inorscr Of the
fact Nt the time he Endorsed the instruments:
> Where the ncorCr is the person whom the instrument
is presented for payment;
3. Where the instrument made accepted for his
accommodation.
SECTION 1G Where due notice Of dshonor by nor-acccpt-
has been given, notice subsequent disonor by
payment is not necessary unless in the meantime the nsr
mcnt has been accepted
SECTION III An omission to give notice of dislonor by
nonaccctancc does not prejudice the rights of holder in due
subsequent to the omissions.
SECTION MS Where any negotiable instrument has been
dishonorcd may he protested for nonacccptancc non-pay
the may be; but protest not required except
the of foreign bills of exchange.
DISCHARGE INSTRUMENTS.
SECTION 49, negotiable instrument is dischorged
l. BY payment in due by behalf of the prir-
cipal debtor;
, BY payment in due course by the party accommodated,
where the instrument is made accepted for accommodation;
3. BY the intentional cancellation thereof by the loder
/. BY any other which will discharge Il simple contract
for the payment of money;
When the principal debtor becomes the holder the in
strumcn at or after maturity in his right.
SECTION f2O person scconoriy liable the instrument
is dschargcd:
/. By a which discharges the instrument;
BY the intentional cancellation of his signature by the
holder;
3. BY the discharge of a prior party
t. BY valid tender of payment made by prior party;
.. BY release Of the principal debtor unless the holders
right of against the party secondariy liable is
pressly reserved H.. .''
BY agreement binding upon the holder extend the
time of payment to postpone the holders right enforce
the instruments unless made with the the party second
ary liable unless the right of against such party
is eXprcss reserved
SECTION l2l. Where the instrument is paid by a party
sccondary liable thereon is discharged but the party
paying is RENTED his former rights regards all prior
parties, and he strike his and all subsequent in
dorscments, and again negotiate the instrument, except
l. Where it payable the order of Il third person. and
has been paid by the drawer; and ..
3 Where it made accepted for accommodation and
has been paid by the party accommodated ..'
SECTION 22 The holder may expressly his rights
against any party the instrument before at after its
maturity An absolute and unconditional remuneration of his
rights against the principal debtor made after the maturity
of the instrument discharges the instrument But renmci
alton does affect the rights of holder in due with