The Republican journal., 1917-04-05

Section IS. Payment is made In duo
course when 1t is made at or after the
maturity of the instrument to the hold
er thereof in good faith and without no.
tice that his title is defective.
Section SO. Except as herein other
wise provided, when negotiable In
strument has been dishonored by nom
acceptance or non-paymant, notice of
dishonor must be given to the drawer
and to each indorser. and any drawer or
lndorser 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-
It 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. 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.
Section. 90. 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 to whom it
is given.
Section 90. Where notice is given by
or on behalf Of a party entitled to
give notice, 1t inures for tho benefit OF
the holder and all parties subsequent
to the party to whom notice is siven.
Section "a. Where the instrument
has been dishonored in the hands of
an agent, he may either himself give
notice to the parties liable thereon. or
he may give notice to his principal If
he give notice to his principal he must
do so within the same time as If he
were the holder, and the principal upon
the receipt of such notice himself the
same time for giving notice II the
agent had been Independent holder
Section 95. written notice need not
In Ster 9oI1 yAft
notice may be supplemented and vail
dated by verbal communication. A mis-
description of the instrument does not
vitiate the notice unless the party. to
whom the notice is given is in fact
nislead thereby.
Section 90 The notice may be in
writing or merely oral and may be CIV
en- in any terms which sufficiently iden-
has been diShonored by non-acceptance
or non payment. 1t may VI all cases
he given by delivering it personally or
through the mails
he given either to the party himself
or to his agent in that behalf
Section t 10 ss: When any party is dead
giving notice, the notice must be given
to a personal representative, If there
he 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.
Section 80. Where the parties to be
notified are partners, notice to any one
PARTNER Is notice to the firm even
Section 100. 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.
Section 101. Where party has been
adjudged bankrupt or an insolvent. or
has made an assignment for theeeene
fit of creditors, notice may be given
either to the party himself or to his
trustee or assignee.
Section 1G2. Notice may be given
as soon as the instrument is dishonored.
and unless delay is excused as here
matter provided. must be given within
the times fixed by this act.
Section 1913. Where the person giving
and the person to receive notice reside
in the same place. notice must be given
within the following times:
% If given at the place Of business
of the person to receive notice, it must
I've given before the close of business
hours on the day following:
t2l If given at his residence. IT
of rest on the day following:
90 If sent by mail, 1t must be de-
posted in the postoffice in time to reach
Ing
Section 1o4. Where the person giving
and the person to receive notice reside
in different places. the notice must be
given within the following times:
% If sent by mail, it must be de-
posted in the post-of7ce in time to go
by mall the day following the day of
dishonor, or If there be no mail at a
convenient hour on that day by the next
mail thereafter;
f2) If given otherwise than through
the post-offfce, then within the time
in due course Of mail, If 1t had been
deposited In the post-off1ce within the
time specified in the last subdivision.
Section 1o5. Where notice Of dishonor
is duly addressed and deposited in the
post-office, the sender is deemed to have
given due notice, notwithstanding any
miscarriage In the mails.
Section 106. Notice is deemed to have
been deposited in the post-off1ce when
deposited in any branch post-offlce or
in any letter box under the control of
the post-off1ce department.
Section 107. Where party receives
notice of dishonor he has, after the re-
ceipt of such notice. the same time for
giving notice to antecedent parties that
the holder has after the dishonor.
Section 10s. Where a party has add
ed an address to his signature. notice
of dishonor must be sent to that ad-
dress; but If he has not given such
address. then the notice must be sent
as follows:
0) Either to the post-ofice nearest
to his place of residence. or to the post
office whore he Is accustomed to receive
go If he live In one place. and have
his place of business In another, no.
tice may be sent to either place; or
90 If he is sojourning 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 sufl-
cient, though not sent In accordance
with the requirements of this section.
Section 109. Notice of dishonor may
be waived. either before the time Of
giving notice has arrived. or after the
omission to give due notice, and the
waiver may be express or implied.
Section 10. Where the waiver is en-
bodied in the instrument itself. It is
binding upon all parties; but whers It
is written above the signature Of an
indorser, 1t binds him only
Section III. A waiver of protest
whether in the case of a foreign bill
Of exchange other negotiable instru-
ment, is deemed to be waiver not only
of formal protest, but also Of pre-
sentiment and notice of dishonor
Section 112. Notice of dishonor is
dispensed with when, after the exercise
Of reasonable diligence, 1t cannot be Civ
en- to or does not reach the parties
sought to be charged.
Section 113. Delay in giving notice
of dishonor is excused when the de-
lay is caused by circumstances beyond
the control of the holder, and not Inn
putable to this default, misconduct or