The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

notice that his title ls detective.
Section 50. Except as herein other
wise provided, when a negotiable in
strument has been dishonored by non
acceptance or noR-payment. notice OF
dtshonor must be given to the drawer
and to each indorser. and any drawer
or indorser to whom such notice Is
not given Is discharged.
Section 80 The notice may be given
by or on behalf OF the holder. or by
or on behalf OF any party to the instru-
ment who might. be compelled to pay II
to the holder. and who upon taking 1t
up would have a right to reimburse
ment from the party to whom the no
tice is given.
Section 81 Noticeof dishonor may be
given by an agent either In his own
name or In the name OF any party ell
titled to give notice. whether that par
ty be his principal or not,
Section 81. Where notice Is given by
or on behalf of the holder II inures for
the benefit OF all subsequent holders
and all prior parties who have right
OF recourse against the party 10 whou
It is given.
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.
Section "a Where the Instrument has
been dlshonored In the hands of an
L.
to the parties liable thereon, or he
may give notice to his principal. II he
give notice to his principal. he must
do so within the same time as II he
were the holder. and the principal upon
the receipt OF such notice himself the
same time for giving notice as II the
agent had been an independent holder
Section 80. A written notice need not
be signed. and an insufficient written
notice may be supplemented and vail
dated by verbal communication. A mis-
desc rption OF the instrument does not
vttfate the notice unless the party to
whom the notice Is given Is in fact mis-
led thereby
Section 96 The notice may be in
writing or merely oral and may be given
In any terms which sufficiently identi-
fly the instrument. and indicate that II
or non-payment. 1t may in all cases be
given by delivering 1t personally or
through the malls.
Section 81. Notice Of dshonor may be
given either to the party himself or
to his agent in that behalf.
Section %. When any party Is dead,
and his death Is known to the party
giving notice. the notice must be Civ
en- to a personal representative, II there
be one. and IL with reasonable diligence
he can be found. II there be no person
al representative. notice may be sent
business of the deceased.
Section 90. Where the parties to be
notified are partners. notice to any one
partner Is notice to the Arm even
though there has been a dissolution.
Section 100 Notice to Joint parties
each Of them. unless one of them has
authority to receive such notice for the
others.
Section lOl Where a party has been
adjudgd a bankrupt OF an insolvent.
or has made an assignment for the BEN
eft OF creditors. notice may be given
either to the party himself or to his
trustee or assignee.
Section 102. Notice may be given as
soon as the instrument is dishonored.
and unless delay is excused as herein
after provided. must be given within
the times fixed by this act.
Section 1903 Where the person giving
and the person to receive notice reside
in the same place. notice must be given
Within the following times:
a. II given at the place of bust
ues ~ OF the person to receive notice. It
re9s hours on the day following;
(2) II given MT his residence. 1t must
be given before the usual hours OF rest
on the day following;
80 II sent by mail. 1t must be de-
posted in the postofiice in time to reach
MN III uou"l COURSE On tue dAy lol-
lowing.
Section 1O' WI ere the person giving
and the person to receive notice reside
In different places. the notice must be
given within the following times:
W. II sent by mail. 1t must be de-
posted In the post-ofice In time to go
by mail the day following the day OF
dlshonor. or II there be no mall at a
hour on that day, by the
next mail thereafter:
(2) II given otherwise than through
the post office. then within the time
that notice would have been received
In due course of mail. II 1t had been
deposited In the post-ofFice within the
time specified in the last subdivision.
Section 1916. Where notice of dis
in tho post-onice. the sender Is deem
ed to have given due notice, notwith
ST anding any miscarriage in the mails.
Section 106. Notice is deemed to
have been deposited In the post-office
when deposited in any branch post-of-
fee or In any letter box under the con-
troll of the post-oflce department.
Section 10Y. Where party re-
celVes notice Of dishonor he has. after
the receipt of such notice. tho same
time giving notice to antecedent par
ties that the holder has after the
dishonor.
Section 10s. Where party has
added an address to his signature. no.
but If he has not given such
address, then the notice must be sent
as follows:
% Either to the post-office near
est TO his place of residence. or to the
where he Is accustomed to
receive his letters; or
Cd If he live in one place. and
have his place OF business In another
go If he Is sojourning in another
place. notice may be sent to the place
whore he Is sojourning.
But where the notice is actually re-
ceived by the party within the time
specified In this act. 1t will be sum
Client. though not sent in accordance
with the requirements of this section.
Section 1os. Notice OF dishonor
may be waived. either before the time
OF giving notice has arrived. or after
the waiver may be express or implied.
Section ITO. Where the waiver Is
in the instrument itself. II
Is binding upon all parties; but where
an indorser. 1t binds him only.
Section Ill. A waiver OF protest.
whether In the case OF a orefgn bill
of exchange or other negotiable in
not only of formal protest. but also
OF presentment and notice of dis
honor.
Section 112. Notice OF dishonor is
dispensed WIN WneH, AFTER the tkeT-
else of reasonable diligence. 1t cannot
be given to or does not reach the par
ties sought to be charged.
Section 113. Delay In giving notice
OF dishonor Is excused when the delay
Is caused by circumstances beyond the
control of the holder and not imput-
able to this default. misconduct or
negligence. When the cause of delay
ceases to operate. notice must be
given with reasonable diligence.
nf n IA
not required TO be given to the drawer
in either of the following cases:
10 Where the drawer or drawee
are the same person;
(2D When the drawee Is a nc
titlous person or a person not having
capacity 10 contract;
go When the drawer Is the person
to whom the instrument Is presented