46 Excuses for delay or non-presentment for payment.E+W+S+N.I.
(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.