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would impair the validity of the instrument or render it valueless.
But when the negotiation is by delivery only, the war. ranty extends in favor of no noliler vther Dau the im. mediate transferee.
The provisions of subdivision three of this section do not apply to persons negotiating public or corporate securities, other than bills and notes.
SEC. 66. Every indorser who indorses without qualifi. cation, warrants to all subsequent holders in due course :
First. The matters and things mentioned in subdivisions one, two and three of the next preceding section; and
Second. That the instrument is at the time of his indorsement valid and subsisting.
And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
SEC. 67. Where a person places his indorsement on an instrument negotiable by delivery he incurs all the liabili. ties of an indorser.
SEC. 68. As respects one another, indorsers are liable prima facie in the order in which they indorse; but evi. dence is admissible to show that as between or among themselves they have agreed otherwise, joint payees or joint indorsees who indorse are deemed to indorse jointly and severally.
SEC. 69. Where a broker or other agent negotiates an instrument without indorsement, he incurs all the liabili. ties prescribed by Section 65 of this act, unless he discloses the name of his principal, and the fact that he is acting only as agent.
ARTICLE VI.-Presentment for Payment. SEC. 70. Presentment for payment is not necessary in order to charge the person primarily on the instrument; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at ma. turity, such ability and willingness are equivalent to a tender of payment upon his part. But except as herein
tuace, and hetrument is son pri
otherwise provided, presentment for payment is necessary in order to charge the drawer and indorsers.
SEC. 71. Where the instrument is not payable on demand, presentment must be made on the day it falls due.
Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.
SEC. 72. Presentment for payment, to be sufficient, must be made:
First. By the holder, or by some person authorized to receive payment on his behalf.
Second. At a reasonable hour on a business day.
Fourth. To the person primarily liable on the instrument, or if he is absent or inaccessible, to any person found at the place where the presentment is made.
SEC. 73. Presentment for payment is made at the proper place:
First. Where a place of payment is specified in the instrument and it is there presented.
Second. Where no place of payment is specified and 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. The instrument must be exhibited to the person from whom payment is demanded, and when it is paid must be delivered up to the party paying it.
SEC. 75. Where the instrument is payable at a bank, presentment 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.
SEC. 76. Where the person primarily liable on the in. strument is 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. Where the persons primarily liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm,
SEC. 78. Where there are several persons, not partners, primarily liable on the instrument, and no place of pay. ment is specified, presentment must be made to them all.
SEC. 79. Presentment for payment is not required in order to charge the drawer when he has no right to expect or require that the drawee or acceptor will pay the instrument.
SEC. 80. Presentment 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. Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his de. fault, misconduct or negligence.
When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
SEC. 82. Presentment for payment is dispensed with:
First. Where after the exercise of reasonable diligence presentment as required by this act can not be made.
Second. Where the drawee is a fictitious person.
SEC. 83. The instrument is dishonored by non-payment when :
First. It is duly presented for payment and payment is refused or can not be obtained; or
Second. Presentment is excused and the instrument is overdue and unpaid.
SEC. 84. Subject to the provisions of this act, when the instrument is dishonored by non-payment, an immediate right of recourse to all parties secondarily liable there. on, accrues to the holder.
SEC. 85. Every negotiable instrument is payable at the time 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 on Saturday are to be presented for pay. ment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before 12:00 o'clock noon on Saturday when that entire day is not a holiday.
SEC. 86. Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
SEC. 87. Where the instrument is made payable at a bank it is equivalent to an order to the bank to pay the same for the account of the principal debtor thereon.
SEC. 88. Payment is made in due course when it is made at or after maturity of the instrument to the holder thereof in good faith and without notice that his title is defective.
ARTICLE VII—Notice of Dishonor. SEC. 89. Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
SEC. 90. The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who, upon taking it up, would have a right to reimbursement from the party to whom the notice is given.
SEC. 91. Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not.
SEC. 92. Where notice is given by or on behalf of the holder, it inures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.
SEC. 93. Where notice is given by or on behalf of a party entitled to given notice, it inures for the benefit of the holder and all parties subsequent to the party to whom notice is given.
SEC. 94. Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he gives notice to his principal, he must do so within the same time as if he were the holder, and the principal, upon the receipt of such notice, has himself the same time for giving notice as if the agent had been an independent holder.
Sec. 95. A written notice need not be signed, and an insufficient written notice may be supplemented and val. idated by verbal communication. A misdescription of the instrument does not vitiate unless the party to whom the notice is given is in fact misled thereby.
SEC. 96. The notice may be in writing or merely oral and may be given in any terms which sufficiently identi. fy the instrument and indicate that it has been dishonored by non-acceptance or non-payment. It may in all cases be given by delivering it personally or through the mail.
SEC. 97. Notice of dishonor may be given either to the party himself or to his agent in that behalf.
SEC. 98. Where any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence, he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.
SEC. 99. Where the parties to be notified are part. ners, notice to any one partner is notice to the firm, even though there has been a dissolution.
SEC. 100. Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others.
SEC. 101. Where a party has been adjudged a bank. rupt or an 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. Notice may be given as soon as the instrument is dishonored, and unless delay is excused as here. inafter provided, must be given within the times fixed by this act.
SEC. 103. Where the person giving and the person to