BILLS OF EXCHANGE ACT 1909 - SECT 46 Rules as to presentment for acceptance and excuses for non - presentment

BILLS OF EXCHANGE ACT 1909 - SECT 46

  (1)   A bill is duly presented for acceptance which is presented in accordance with the following rules:

  (a)   The presentment must be made, by or on behalf of the holder, to the drawee or to some person authorized to accept or refuse acceptance on his or her behalf, at a reasonable hour on a business day and before the bill is overdue;

  (b)   Where a bill is addressed to two or more drawees, who are not partners, presentment must be made to them all, unless one has authority to accept for all, then presentment may be made to him or her only;

  (c)   Where the drawee is dead, presentment may be made to his or her personal representative;

  (d)   Where the drawee is bankrupt, presentment may be made to him or her or to his or her trustee or assignee;

  (e)   Where authorized by agreement or usage, a presentment through the post office is sufficient.

  (2)   Presentment in accordance with these rules is excused, and a bill may be treated as dishonoured by non - acceptance:

  (a)   where the drawee is dead or bankrupt, or is a fictitious person or a person not having capacity to contract by bill;

  (b)   where, after the exercise of reasonable diligence, such presentment cannot be effected;

  (c)   where, although the presentment has been irregular, acceptance has been refused on some other ground.

  (3)   The fact that the holder has reason to believe that the bill, on presentment, will be dishonoured does not excuse presentment.