Page:United States Statutes at Large Volume 30.djvu/833

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 47. 1899. 795 insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee. Sec. 102. That notice may be given as soon as the instrument is rims within which dishonored; and unless delay is excused as hereinafter provided, must “°"°°“"'“'* "°¤*'°”· be given within the time fixed by this Act. Sec. 103. That where the person giving and the person to receive wnm parties rs. notice reside in the same place, notice must be given within the following “i°° "‘ "'“° *"“°°· times: - First. If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following. Second. If given at his residence, it must be given before the usual hours of rest on the day following. Third. lf sent by mail, it must be deposited in the post-office in time , to reach him in usual course on the day following. Sec. 104. That where the person giving and the person to receive —i¤ •1i¤’¤r¤¤¢ DMG5- notice reside in different places, the notice must be given within the following times: ‘ First. It sent by mail, i·t must be deposited in the post-office in time to go by mail 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. Second. If given otherwise than through the postoflice, then within the time that notice would have been received in due course of mail if it had been deposited in the post-office wishin the time specified in the last subdivision. , Sec. 105. That where notice of dishonor is duly addressed and depos- w 1. s ¤ s G ¤ 41 s r ited in the post-oliice the sender is deemed to have given due notice, f,"f,‘§,“},‘§,f,‘§,_"“'° ¤*'°“ notwithstanding any miscarriage in the mails. * - Sec. 106. That notice is deemed to have been deposited in the post- Deposit in ponoffice when deposited in any branch post-office or in any letter box $$22 "M °°“'“' under the control of the Post·OfHce Department. Sec. 107. That where a party receives notice of dishonor he has, after mm ¤» ning: the receipt of such notice, the same time for giving notice to antecedent 32 ’°°°°‘ parties that the holder has after the dishonor. Sec. 108. That wherea party has added an address to his signature, wfcliaw ¤°¤¤¤ ¤¤¤¤¤ notice of dishonor must be sent to that address: but if he has not given ' such address, then the notice must be sent as follows: - First. Either to the postoflice nearest to his place of residence, or to the post office where he is accustomed to receive his letters; or Second. If he live in one place and have his place of business in another, notice may be sent to either place; or Third. 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 received by the party within the time specified in this Act, it will be sufficient, though not sent in accordance with the requirements of this section. Sec. 109. That notice of dishonor may be waived, either before the Waiver or notice. time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied. Sec. 110. That where the waiver is embodied in the instrument itself {who maybe nfemd it is binding upon all parties; but where it is written above the signa- y' ture of an iudorser, it binds him only. Sec. 111. That a waiver of protest, whether in the case of a foreign W=·i*¤¤·¤f r¤>*·¤¤~ bill of exchange or other negotiable instrument, is deemed to be a waiver not only of a formal protest, but also of presentment and notice of dishonor. Sno, 112. That notice of dishonor is dispensed with when, after Felice dispensed the exercise of reasonable diligence, it can not be given to, or does not """" reach, the parties sought to be charged. Sec. 113. That delay in giving notice of dishonor is excused when “£71=;§)jp_£*Af·_§,¤° the delay is caused by circumstances beyond the control of the holder' and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, notice must be given with reasonable diligence.