out the knowledge of the party notifying, notice sent to the former place of residence or business is sufficient.

When notice is dispensed with. If the party notifying is ignorant of the place of residence or business of the party to be charged, he must make all reasonable efforts to find him; and if, after the exercise of reasonable diligence, he can not find him, notice of dishonor is dispensed with. (Sec. 183.)

Reasonable diligence, like reasonable time, will depend upon the circumstances in each case. What is sufficient in one case might not be sufficient in another. In a comparatively late case in New York, it was held that relying upon a directory was not sufficient diligence, because the sources of error in that process are too many and too great."

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Service by delivery. Service by delivery is always permissible, and when the ordinary mail service is suspended, must be so made if practicable. It must be made, however, as expeditiously as it would be by mail, and the expense must be borne by the party sending. A delivery to the person, wherever found, is good. So, too, if left at his residence or place of business. But if left with an employee, while the defendant is away, and instructions are given the employee not to open it until the return of his employer, it is not good.

Delay, when excused. Delay in giving notice of dishonor 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. (Sec. 184.) Such an instance might be a state of war, or the prevalence of a malignant disease. This is true, too, where the party is ignorant of the residence or place of business of the party to be charged, provided due diligence is used to find this out. Under such circumstances, a delay is excused, but notice must be sent immediately after these facts are ascertained.

Non-acceptance, etc. Where due notice of dishonor by non-acceptance has been given, it is enough, and notice of dishonor by nonpayment is unnecessary, unless in the meantime the instrument has been accepted. (Sec. 187.)

An omission to give notice of dishonor by non-acceptance will not prejudice the rights of a holder in due course who becomes such subsequent to the omission. In such a case, the holder may duly notify of dishonor by non-payment. (Sec. 188.)

Waiver of notice. Notice of dishonor may be waived 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. 180.) But satisfactory proof must be given of this, otherwise it will not be presumed. For instance, if an indorser agrees to continue his liability, or to be responsible either before or after the time for

giving notice, he waives all right of notice, and stands in the same position as if he had been duly notified. This agreement may be expressly stated in the instrument above his indorsement, or his language may be such as to imply it, but the proof must be satisfactory, or he can not be held to have waived his rights. If the waiver is in express words in the body of the instrument, all parties will be bound by it; but where written above the signature of an indorser, it will bind him only. (Sec. 181.)

Waiver of protest. It is quite common for an instrument to be indorsed, "Protest waived." Such a waiver of protest will also be a waiver of presentment and notice of dishonor. (Sec. 182.)

When notice need not be given to drawer. Notice of dishonor is not required to be given to the drawer in either of the following cases: (Sec. 185.)

1. Where the drawer and drawee are the same person, because the drawee is the party who has refused payment.

2. Where the drawer is a fictitious person, or a person not having capacity to contract, as an infant, an insane person, etc.

3. Where the drawer is the person to whom the instrument is presented for payment. In such a case, he has already refused, and that is notice to him.

4. When the drawer has no right to expect or require the drawee or acceptor to honor the

instrument, as where he has fraudulently drawn the instrument, or has no funds in the hands of the drawee, and did not expect to have, etc.

5. Where the drawer has countermanded payment.

When notice need not be given to the indorser. (Sec. 186.)

I. Where the drawee is a fictitious person, or a person not having capacity to contract, and the indorser knew this fact when he indorsed.

2. Where the indorser is the person to whom the instrument is presented for payment.

3. Where the instrument was made or accepted for his accommodation.

The language of the statute, here given in effect, is so plain that no comment is necessary in order to explain it.

PART X

PROTEST

Where any negotiable instrument has been dishonored, it may be protested for nonacceptance or non-payment, as the case may be. (Sec. 189.)

The word "protest” means to formally publish or testify. "In a popular sense, it includes all the steps taken to fix the liability of a drawer or indorser upon the dishonor of the instrument to which he is a party. More accurately speaking, it is the solemn declaration on the part of the holder against any loss to be sustained by him by reason of the non-acceptance or non-payment, as the case may be, of the instrument in question; and a calling of the notary to witness that due steps have been taken to prevent it." 2 Daniel, p. 4.

What instruments must be protested. Foreign bills or drafts must be protested when dishonored. For this purpose, the States of the Union are considered as foreign to one another. Inland bills or drafts and promissory notes need not be protested. "Where a foreign draft or bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance; and where such a bill or draft. which has not been