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BILLS OF EXCHANGE ACT 1882 - SECT 50

Excuses for non-notice and delay.

50.(1) Delay in giving notice of dishonour is excused where the delay is
caused by circumstances beyond the control of the party giving notice, and not
imputable to his default, misconduct, or negligence. When the cause of delay
ceases to operate the notice must be given with reasonable diligence.

(2) Notice of dishonour is dispensed with

(a)When, after the exercise of reasonable diligence, notice as required by
this Act cannot be given to or does not reach the drawer or indorser sought to
be charged:

(b)By waiver express or implied. Notice of dishonour may be waived before the
time of giving notice has arrived, or after the omission to give due notice:

(c)As regards the drawer in the following cases, namely, (1) where 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 bill is presented for payment, (4) where the drawee or acceptor is as
between himself and the drawer under no obligation to accept or pay the bill,
(5) where the drawer has countermanded payment:

(d)As regards the indorser in the following cases, namely, (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 bill, (2) where
the indorser is the person to whom the bill is presented for payment, (3)
where the bill was accepted or made for his accommodation.

© 1882 Crown Copyright

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