Page:United States Statutes at Large Volume 30.djvu/831

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 47. 1899. 793 absent or inaccessible, to any person found at the place where the presentment is made. Sec. 73. That presentment for payment is made at the proper place: m£f{°° °' P*°¤¤¤*# First. \Vhere a place of payment is specified in the instrument and ` it is there presented. _ Second. Where no place of payment is specified but the address of the person to make payment is given in the instrument and it is there presented. Third. Where no place of payment is specified and no address is given and the instrument is presented at the usual place of business or residence of the person to make payment. Fourth. In any other case if presented to the person to make payment wherever he can be found, or if presented at his last known place of business or residence. Sec. 74. That the instrument must be exhibited to the person from iqztrumout muws whom payment is demanded, and when it is paid must be delivered up °‘ ‘ ""°‘ to the party paying it. Bac. 75. That where the instrument is payable at a bank, presentment b_l_*L¤¤r¤ pnynble at ¤ for payment must be made during banking hours, unless the person to ' make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that ` day is sufficient. 81-:0. 76. That where the person primarily liable on the instrument is d Qihsw d g¤¤¤i1>¤1 dead, and `no place of payment is specified, presentment for payment ° °"“ °° ‘ must be made to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found. Sec. 77. That where the persons {primarily liable on the instrument P·>r¤¤¤¤ lisblo as are liable as partners, and no place o ypayment is specified, presentment ’°""°"’ for‘·payment may be made to any one of them, even though there has been a dissolution of the firm. e Sec. 78. That where there are several persons, not partners, primarily d mmmmtmjoim · liable on the instrument, and no place of payment is specified, present- ° "' ` ment must be made to them ull. Sec. 79. That presentment for payment is not required in order to f{:z¤5·*{j)¤¤¤l;>¤¤r¤· charge the drawer where he has no right to expect or require that the drawer. ° "g° drawee or acceptor will pay the instrument. Sec. 80. That presentnient for payment is not required in order to ·*¤**°*¤°¤‘· charge an indorser where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will · be paid if presented. Sec. 81. That delay in making presentment for payment is excused when delay in vrvwhen the delay is caused by circumstances beyond.- the control of the °°'}$,'f}§_",§_°,§,;,‘_"°"· holder, and not imputahlc to his default, misconduct, or negligence. Wheii the cause of delay ceases to operate presentment must be made with reasonable diligence. Sec. 82. That presentment for payment is dispensed with; 6,:*3:; ‘11·;<;·;·{|¤¤¤¤¤¤¤ First. Where, after the exercise of reasonable diligence, presentment I ' as required by this Act can not be made. Second. \Vhere the drawee is a fictitious person. Third. By waiver of presentment. express or implied. Srnc. 83. That the instrument is dishonored by nonpayment when; _ Yuan ugrpmeut First. It is duly presented for payment and payment is refused or },Z,Q.{,’§,,,'}{‘f"“ y "°“' can not be obtained; or Second. Presentment is excused and the instrument is overdue and un raid. dmc. S4. That, subject to the provisions of this Act, when the instru- ri•gi¤*@M·{“H:¤·¤ ment is dishonored by noupayment au immediate right of recourse to °°°°° m ` all parties secondarily liable thereon accrues to the holder. Sec. 85. That every negotiable instrument is payable at the time Ti¤¤¤ ¤f ¤=·*¤¤*Y· fixed therein without grace. When the day of maturity falls upon Sunday or a holiday the instrument is payable on the next succeeding business day. Instruments falling due ou Saturday are to be presented for payment on the next succeeding business day, except that instru-