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BILLS OF EXCHANGE ACT 1882 - SECT 46

Excuses for delay or non-presentment for payment.

46.(1) 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.

(2) Presentment for payment is dispensed with

(a)Where, after the exercise of reasonable diligence presentment, as required
by this Act, cannot be effected.

The fact that the holder has reason to believe that the bill will, on
presentment, be dishonoured, does not dispense with the necessity for
presentment.

(b)Where the drawee is a fictitious person.

(c)As regards the drawer where the drawee or acceptor is not bound as between
himself and the drawer, to accept or pay the bill, and the drawer has no
reason to believe that the bill would be paid if presented.

(d)As regards an indorser, where the bill was accepted or made for the
accommodation of that indorser, and he has no reason to expect that the bill
would be paid if presented.

(e)By waiver of presentment, express or implied.


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© 1882 Crown Copyright

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