sent or inaccessible, to any person found at the place where the presentment is made. (Acts 1907, Reg. Sess., c. 81.)

§ 73. Same: place.-Presentment for payment is made at the proper place (1) where a place of payment is specified in the instrument and it is there presented; (2) where no place of payment is specified but the address of the person to make payment is given in the instrument and it is there presented; (3) 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; (4) in any other case, if presented to the person to make payment wherever he can be found, or ií presented at his last known place of business or residence. (Acts 1907, Reg. Sess., c. 81.)

§ 74. Same: exhibition and delivery of instrument. 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. (Acts 1907, Reg. Sess., c. 81.)

§ 75. Same: instrument payable at bank.--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. (Acts 1907, Reg. Sess., c. 81.)

§ 76. Same: when person liable is dead. Where the person primarily liable on the instrument 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. (Acts 1907, Reg. Sess., c. 81.)

§ 77. Same: where persons liable are partners. 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. (Acts 1907, Reg. Sess., c. 81.)

§ 78. Same: where several persons not partners are liable.Where there are several persons, not partners, primarily liable

on the instrument, and no place of payment is specified, presentment must be made to them all. (Acts 1907, Reg. Sess., c. 81.)

§ 79. When presentment not required.-Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument. (Acts 1907, Reg. Sess., c. 81.)

§ 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. (Acts 1907, Reg. Sess.,

c. 81.)

§ 81. When delay in presentment excused.-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 default, misconduct or negligence; when the cause of delay ceases to operate, presentment must be made with reasonable diligence. (Acts 1907, Reg. Sess., c. 81.)

§ 82. When presentment dispensed 'with.-Presentment for payment is dispensed with (1) where after the exercise of reasonable diligence presentment as required by this act can not be made; (2) where the drawee is a fictitious person; (3) by waiver of presentment, express or implied. (Acts 1907, Reg. Sess., c. 81.)

§. 83. What dishonor by non-payment. The instrument is dishonored by non-payment when (1) it is duly presented for payment and payment is refused or can not be obtained; or (2) presentment is excused and the instrument is overdue and unpaid. (Acts 1907, Reg. Sess., c. 81.)

§ 84. Recourse on dishonor.-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 thereon, accrues to the holder. (Acts 1907, Reg. Sess., c. 81.)

§ 85. Day for payment.-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 payment on the next

succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday. (Acts 1907, Reg. Sess., c. 81.)

§ 86. Calculation of period for payment.-Where the instrument 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. (Acts 1907, Reg. Sess., c. 81.)

§ 87. Instrument payable at bank. 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. (Acts 1907, Reg. Sess., c. 81.)

§ 88. What is payment in due course.-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. (Acts 1907, Reg. Sess., c. 81.)

ARTICLE VII.-NOTICE OF DISHONOR.

§ 89. To whom given.-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. (Acts 1907, Reg. Sess., c. 81.)

§ 90. By whom given; agent. 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. (Acts 1907, Reg. Sess., c. 81.)

§ 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 nor. (Acts 1907, Reg. Sess., c. 81.)

§ 92. For whose benefit notice enures. Where notice is given by or on behalf of the holder, it enures 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. (Acts 1907, Reg. Sess., c. 81.)

§ 93. Where notice is given by or on behalf of a party entitled to give notice, it enures for the benefit of the holder and all parties subsequent to the party to whom notice is given. (Acts 1907, Reg. Sess., c. 81.)

§ 94. Instrument dishonored in hands of agent. 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. (Acts 1907, Reg. Sess., c. 81.)

§ 95. Sufficiency of notice.-A written notice need not be signed, and an insufficient written notice may be supplemented and validated by verbal communication; a mis-description of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby. (Acts 1907, Reg. Sess., c. 81.)

§ 96. The notice may be in writing or merely oral and may be given in any terms which sufficiently identify the instrument and indicate that it has been dishonored by non-acceptance or nonpayment; it may in all cases be given by delivering it personally or through the mails. (Acts 1907, Reg. Sess., c. 81.)

§ 97. Notice to agent.-Notice of dishonor may be given either to the party himself or to his agent in that behalf. (Acts 1907, Reg. Sess., c. 81.)

§ 98. When party is dead. When any party is dead, and his death is known to the party giving the notice, the notice must be given to a personal representtive, 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. (Acts 1907, Reg. Sess., c. 81.)

$99. Notice to partners. Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution. (Acts 1907, Reg. Sess., c. 81.)

100. Notice to other joint parties.-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. (Acts 1907, Reg. Sess., c. 81.)

§ 101. Notice to bankrupt or insolvent.-Where a party has been adjudged a bankrupt 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. (Acts 1907, Reg. Sess., c. 81.)

§ 102. Time for notice.-Notice may be given as soon as the instrument is dishonored, and unless delay is excused as hereinafter provided, must be given within the time fixed by this act. (Acts 1907, Reg. Sess., c. 81.)

§ 103. Where the person giving and the person to receive notice reside in same place, notice must be given within the following times: (1) 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; (2) if given at his residence, it must be given before the usual hours of rest on the following day; (3) if sent by mail, it must be deposited in the postoffice in time to reach him in the usual course of the day following. (Acts 1907, Reg. Sess., c. 81.)

§ 104. Where the person giving and the person to receive reside in different places, the notice must be given within the fol- . lowing times: (1) If sent by mail, it must be deposited in the postoffice 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. (2) If given otherwise than through the postoffice, then within the time that notice would have been received in due course of mail, if it had been deposited in the postoffice within the time specified in the last subdivision. (Acts 1907, Reg. Sess., c. 81.)