346 BILLS OF EXCHANGE AND PROMISSORY NOTES. [ART. 13

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 present-
ment 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 negli-
gence. When the cause of delay ceases to operate, notice
must be given with reasonable diligence.

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 presented 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.

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 presented for payment;

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

135. Where due notice of dishonor by non-acceptance has
been given, notice of a subsequent dishonor by non-payment is