BILLS OF EXCHANGE ACT 1909 - SECT 51 Excuses for delay or non - presentment for payment

BILLS OF EXCHANGE ACT 1909 - SECT 51

  (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 or her 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 or herself 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 or she has no reason to expect that the bill would be paid if presented;

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