Page:United States Statutes at Large Volume 77.djvu/722

 690

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

(4) "Written notice is jjiven when sent althougli it is not received. (5) Xotice to one piirtner is notice to each although the firm has been dissolved. (fi) Whenanyparty is in insolvency proceedings instituted after the issue of the instrument notice may be given either to the party or to the I'epresentative of his estate. (7) When any paity is dead or incompetent notice may be sent to his last known address or given to his personal repi'eseiitative. (8) Xotice operates for the benefit of all parties who have rights on the instrument against the party notified. § 28:3—509. Protest; noting for protest (1) A protest is a certificate of dishonor made under the hand and seal of a United ^ t a t e s consul or vice consul or a notary public or other person authorized to certify dishonor by the law of the place vyhere dishonor occurs. I t may be made upon information satisfactory to such person. (2) The protest must identify the instrument and certify either that due presentment has been made or the i*eason why it is excuse<l and that the instrument has been dishonored by nonacceptance or nonpayment. (3) The protest may also certify that notice of dishonor has been given to all parties or to specified parties. (•4) Subject to subsection (5) any necessary protest is due by the time that notice of dishonor is due. (5) If, before protest is due, an instrument has been noted for protest by the officer to make protest, the protest may be made at any time thereafter as of the date of the noting. § 28:3—510. Evidence of dishonor and notice of dishonor The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor therein shown: (a) a document regular in form as provided in the preceding section which purports to be a pi*otest; (b) the purported stamp or writing of the drawee, payor bank or presenting bank on the instrument or accompanying it stating that acceptance or payment has been refused for reasons consistent with dishonor; (c) any book or record of the drawee, payor bank, or any collecting bank kept in the usual course of business which shows dishonor, even though there is no evidence of who made the entry. §28:3—511. Waived or excused presentment, protest or notice of dishonor or delay therein (1) Delay in presentment, protest or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to operate. (2) Presentment or notice or protest as the case may be is entirely excused when (a) the party to be charged has waived it expressly or by" implication either before or after it is due; or (b) such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or (c) by reasonable diligence the presentment or protest cannot be made or the notice given. (3) Presentment is also entirely excused when (a) the maker, acceptor or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instrument; or

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