AET. 13] NOTICE OF DISHONOR. 291

1904, art. 13, sec. 130. 1898, ch. 119.

130. A waiver of protest, whether in the case of a foreign bill of
exchange or other negotiable instrument, is deemed to be a waiver
not only of a formal protest, but also of presentment and notice of
dishonor.

Ibid. sec. 131. 1898, ch. 119.

131. Notice of dishonor is dispensed with when, after the exercise
of reasonable diligence, it can not be given to or does not reach the
parties sought to be charged.

Ibid. sec. 132. 1898, ch. 119.

132. 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 dili-
gence.

Ibid. sec. 133. 1898, ch. 119.

133. Notice of dishonor is not required to be given to the drawer
in either of the following cases:

1. Where the drawer and drawee are the same person;

2. Where the drawee is a fictitious person or a person not having
capacity to contract;

3. Where the drawer is the person to whom the instrument is pre-
sented for payment;

4. Where the drawer has no right to expect or require that the
drawee or acceptor will honor the instrument;

5. Where the drawer has countermanded payment.

Ibid. sec. 134. 1898, ch. 119.

134. Notice of dishonor is not required to be given to an indorser
in either of the following cases:

1. Where the drawee is a fictitious person or a person not having
capacity to contract, and the indorser was aware of the fact at the time
he indorsed the instrument;

2. Where the indorser is the person to whom the instrument is pre-
sented for payment;

3. Where the instrument was made or accepted for his accommoda-
tion.

Ibid. sec. 135. 1898. ch. 119.

135. Where due notice of dishonor by non-acceptance has been
given, notice of a subsequent dishonor by non-payment is not necessary,
unless in the meantime the instrument has been accepted.
Ibid sec. 136. 1898, ch. 119.

136. An omission to give notice of dishonor by non-acceptance does
not prejudice the rights of a holder in due course subsequent to the
omission.