ART. 13] NOTICE OF DISHONOR. 43

2. If he live in one place, and have his place of business in
another, notice may be sent to either place; or

3. If he is sojourning in another place, notice may be sent to
the place where he is sojourning.

But where the notice is actually received by the party within
the time specified in this article, it will be sufficient, though not
sent in accordance with the requirements of this section.

128. 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.

129. Where the waiver is embodied in the instrument itself,
it is binding upon all parties; but where it is written above the
signature of an indorser, it binds him only.

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.

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.

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 diligence.

133. Notice of dishoner 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 hav-
ing capacity to contract;

3. Where the drawer is the person to whom the instrument is
presented for payment;

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