The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05
delivering it pergonally or through

delivering it personally or through
the mails
Sec. 81 To Whom Notice May be
Given Notice of dishonor may be
given either to the party himself or
to his agent in that behalf
Sec. 90. Notice Where Party is
Dead. When any party is dead. and
his death is known to the party Civ
ing notice, the notice must be given
to a personal representative, if there
be one, and If with reasonable dill
gence he can be found. If there be no
personal representative, notice may
be sent to the last residence or last
place of business of the deceased.
Sec. 3d. Notice to Partners. Where
| the parties to be notified are partners,
notice to any one partner is notice to
/ the firm even though there has been
/ a dissolution
| Sec. 100. Notice to Persons Jointly
Liable. Notice to joint parties who
are not partners must be given to
/ each of them, unless one of them has
authority to receive such notice for
| the others.
Sec. 101. Notice to Bankrupt
Where party has been adjudged a
! bankrupt or an insolvent, or has
made an assignment for the benefit OF
creditors, notice may be given either
to the party himself or to his trustee
1 or assignee.
Sec. 1902 Time Within Which No
| tice Must DE Given. Notice may be
given as soon as the instrument is
4 dishonored; and unless delay is ex-
cused as hereinafter provided, must
l,be given within the times fixed by
this act.
Sec. 1893 Where Parties Reside in
Same Place. Where the person Civ
/ ing and the person to receive notice
/ reside in the same place, notice must
ne given within the following times.
"a If given at the place of bust
ness of the person TO receive notice,
it must be given before the close OF
business hours on the day following.
60 If given at his residence, it
must be given before the lsual hours
of rest on the day following.
90 If sent by mail, it must be
deposited in the post Office in time
10 reach him in usual course on the
day following.
Sec. 104. Where Parties Reside in
Different Places. Where the person
giving and the person TO receive no
tice reside in different places, the no
tice must be given within the follow
ing times:
u If sent by mail, ii must be de-
posted in the post Office In time TO 90
by mail the day following the day of
dishonor. or if there be no mail at
convenient hour on that day, by the
next mail thereafter.
90 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 office within the
time specified in the last subdivision.
Sec. 105. When Sender Deemed
TO Have Given Due Notice. Where no.
tice of dishonor is duly addressed
and deposited in the post office, the
sender is deemed to have given due
notice notwithstanding any miscar-
riage in the mails.
Sec 10G. Deposit in Post Office
= What Constitutes. Notice is deemed
10 have been deposited in the post
Office when deposited in any branch
post office or in any letter box I'M
der the control of the post office de
partment.
Sec. 1O7. Notice to Subsequent
Party: Time Of Where a party re-
ceives notice of dishonor he has
/. after the receipt of such notice the
same time for giving notice to antece-
dent parties that the holder has after
the dishonor.
Sec. los. Where Notice Must BE
Sent. Where a party has added an
. address TO his signature, notice OF
/ dishonor must be sent TO that address
: but II he has not given such address
then the notice must be sent as fol
lows:
"a Either 10 the post Office nearest
to his place of residence. or TO the
post Office where he is accustomed &c
receive his letters; or
90 If he live in one place, and
J have his place of business in another
} notice may be sent 10 either place; OF
, Co If he is soiourning in another
place. notice may be sent to the place
where he is so sojourning.
, But where the notice is actually re
: ceived by the party within the time
specified in this act 1t will be sutti
cient. though not sent in accordance
J with the requirements of this section
See. 109. Waiver OF Notice. No
tice of dishonor may be waived. either
before the time OF giving notice has
arrived, or after the omission to give
b due notice. and the waiver may be ex
press or implied.
Sec. 10. Whom Affected by Waiver
Where the waiver is embodied in the
e instrument itself It is binding upon
, all parties. but where it is written
2 above the signature Of an indorser, il
e binds him only
See. III. Waiver of Protest
waiver of protest whether in the ease
of foreign bill o. exchange or other
negotiable instrument. is deemed tC
{ be waiver not only OF formal pro
. test. but also of presentment and no
tice of dishonor.
/ Sec. ll2. when Notice is Dispensed
With. Notice of dishonor is dis
pcnsed with when. after the exercise
of reasonable diligence. it cannot bC
r given TO or does not reach the partie.
, sought TO be charged
) Sec. 113. Delay in Giving Notice.
How Excused Delay in giving notice
| of dishonor is excused when the de
Law is caused by circumstances be
. vond the control of the holder and
not imputahle to his default mis-
J conduct or negligence. When the
/ cause OF delay ceases to operate, no
I a.. r...r4 ~ srfvnn with reasonable