Page:United States Statutes at Large Volume 47 Part 1.djvu/1344

 1320 there be no mail at a convenient hour on that day, by the next mail thereafter ; (2) If given otherwise than through the post office, then within the time that not ice would have been rece ived in due cour se of mail, if it had been deposited in the post office within the time specified in the last subdivision. Notice deemed given. SE C. 1504. NoTicE DEEMED oivEN .-Where notice of dishonor is dul y addres sed and deposite d in the post off ice, the sender is deeme d to have given,due notice, notwithstanding any miscarriage in the mails. Depositin post office. SEC. 1505. DEPOSIT IN POST OFFICE.-Notice is deemed to have been deposited in post office wh en deposited in any branch post office or in any letter box under the control of the Post Office Department. Notice to subsequent SEC. 1506. NOTICE TO SUBSEQUENT PARTY.-Where a party receives party. notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor. senwherenoticemaybe SEC. 1507. WHERE NOTICE MAY BE SENT.-Where a party has added an address to his signature, 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 (1) Either to the pos t office nearest to his place of residenc e, or to the post office where he is accustomed to receive his letters ; or (2) If he live in one place, and have his place of business in another, notice may be sent to either place (3) If he is sojourning in another place, notice may be sent to the place where he is sojourning. But where the notice is actually received by the party within the time specified in chapters 66 to 69 of this code, it will be suffi- cien t, th ough n ot se nt in acco rdance with the requir ement s of this sec tion. Waiver of. who is affected by Wa ive r, Waiver of protest. Notice dispensed with. Dela y excu sed. When notice of dis- honor not required. 72d C ONGRESS. SESS. II. CH. 128 . FEBRU ARY 27, 1933 . Caoss REFERENCE Effect of miscarriage of mails, see section 1504 . SEC. 1508. WAIVER OF NOTICE .-Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omissio n to giv e due not ice, and the wai ver may be expre ss or im plied. SEC. 1509. WHO Is AFFE CTED BY wAIvER .-Where the waiver is embodied in the instrument itself, it is binding upon all parties but where it is written above the signature of an indorser, it binds him only. SEC. 1510. WAIVER OF PROTEST .-A waiver of protest, whether in the case of a foreign bill of exchange or other negotiable instru- ment, is deemed to be a waiver not only of formal protest, but also of presentment and notice of dishonor. SEC. 1511. NOTICE DISPENSED WITH .-Notice of dishonor is dis- pensed 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. 1512. DELAY EXCUSED .-Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the con- trol 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. SEC. 1513. WHEN NOTICE OF DI SHON OR IS N OT REQU IRED .-Notice of dishonor is not required to be given to the drawer in either of the following cases (1) Where the drawer and dra wee are the same per son ;
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