Section 41: Rules as to presentment for acceptance, and excuses for non-presentment.
(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 authorised to accept or refuse acceptance on his 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 only;
(c) where the drawee is dead, presentment may be made to his personal representative;
(d) where the drawee is bankrupt or insolvent, presentment may be made to him or to his trustee or to the official assignee;
(e) where authorsied by agreement or usage, a presentment through the post office is sufficient.
(2) Notwithstanding anything contained in subsection (1) of this section, a bill may be presented for acceptance by means of an advice addressed to the person or persons to whom presentment must under subsection (1) of this section be made, and sent through the post office before the bill is overdue, stating that the bill is held for acceptance by the sender and giving the name of the drawer and particulars of the place at which it is so held, the amount for which and the date on which it was drawn and any usance applicable to the bill. Where presentment is made in pursuance of this subsection, the bill shall be deemed to be duly presented for acceptance at the time the advice is posted.
(3) 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, bankrupt or insolvent, 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.
(4) The fact that the holder has reason to believe that the bill, on presentment, will be dishonoured does not excuse presentment.
Cite this section
Section 41, BILLS OF EXCHANGE ACT (1917).
https://repo.podus.ai/laws/bills-of-exchange-act/section/41/