Page:United States Statutes at Large Volume 31.djvu/1459

 FIFTY-SIXTH CONGRESS. Sess. Il. Ch. 854. 1901. 1407 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 by this act it will be sufficient, though not sent in accordance with the requirements of this section. Sec. 1413. `VAIVER or NOTIGE.—NOt-lC€ of dishonor may be waived ‘““"°’°* **0***- 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. Sec. 1414. Where the waiver is embodied in the instrument itself it QQ}? *““>' "" "‘*°°” is bindin upon all parties, but where it is written above the signature " of an ingorser it binds him only. Sec. 1415. WAIVER OF PROTEST.—A waiver of protest, whether in ""°“"” °f¥"°*°**· the case of a foreign 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. Sec. 1416. `WHEN NOTICE DISEENSED \VITH.—NOt1C€ of dishonor is p€§§};$,““.,{‘,§’f‘°“ d‘S‘ dispensed with when, after the exercise of reasonable diligence, it can not be given to or does not reach the parties sought to be charged. Sec. 1417. WHEN DELAY EXCUSED.··D€l&}’ in giving notice of dis- “'“°“ "°‘“>’°”‘““"*d· honor is excused when the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct. or negligence. When the cause of delay ceases to operate notice must be given with reasonable diligence. ` SEo. 1418, WHEN NQTICE NoT IFEQUIRED AS TO DRAwER.——Noti_ce q,}§Qgg‘;;‘$·§‘;;,Q_?g,f* of d1ShOI'10l` is not required to be given to the drawer in either of the following cases: ‘ First. Where the drawer and the drawee are the same person. Second. Where the drawee is av fictitious person or a person not having capacity to contract. ‘ Third. Where the drawer is the person to whom the instrument is presented for payment. Fourth. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument; or, Fifth. Where the drawer has countermanded payment. _ SEc. 1419. WHEN Nor REQUIRED AS TO INDoRsER.——Notice of dis- ,,S‘§Oh§¤“d§gQrf€¤“i’€d honor is not required to be given to an indorser in either of the following cases: First. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the _ time he indorsed the instrument. it Second. Where the indorser is the person to whom the instrument is presented for payment; o1·, Third. Where the instrument was made or accepted for his accommodation. , Sec. 1420. NOTICE or NoN1>AY1vIENT, WVHEN NoT NECESSARY. —Where W,Ifé’Ifiggt°I{€gggg¤;¤f;1°- due notice of dishonor by nonacceptance has been given, notice of a` subsequent dishonor by nonpayment is not necessary, unless in the meantime the instrument has been accepted. SEc. 1421. OMISSION TO GIVE NoT1cE or NONACCEPTANCE.——AH mf§;gg§§j)Q,‘;_CFg,g;gfn*gg‘ omission to give notice of dishonor by nonacceptance does not preju- effect. ’ dice the rights of a holder in due course subsequent to the omission. Sec. 1422. PROTEST ON oTHER INSTRUMENTS THAN FOREIGN B1LLs.— St§§_f§,i§S°‘;}$_§§,‘€*,§,‘;; VVhere any negotiable instrument has been dishonored it may be eign bills. protested for nonacceptance or nonpayment, as the case may be; but protest is not required except in the caseof foreign bills of exchange. The original protest of a notary public in the District, under his hand and official seal, of any bill of exchange, check, or order for nonacceptance or nonpayment, or of any promissory note for nonpayment, stating the presentment by him of such bill of exchange, check, order, or promissory note for acceptance or payment and the nonacceptance