Section 50: Excuses for non-protest, non-notice and delay

50. Excuses for non-protest, non-notice and delay (1) (a) Delay in protesting or in giving notice of protest is excused where the delay is caused by circumstances beyond the control of the party protesting or giving notice and not imputable to his default, misconduct, or negligence. (b) Where the cause of the delay ceases to operate, the protest or notice shall be made or given with reasonable diligence. (2) Protest or notice of protest is dispensed with— (a) where, after the exercise of reasonable diligence, the drawer or indorser sought to be charged cannot be found; (b) by waiver, express or implied. Protest may be waived before the time of protest has arrived, or after the omission to protest. Notice of protest may be waived before the time to give notice has arrived or after the omission to give the notice; (c) as regards the drawer in the following cases— (i) where the drawer and drawee are the same person; (ii) where the drawee is a fictitious person or a person not having capacity to contract; (iii) where the drawer is the person to whom the bill is presented for payment; B7 – 19 [Issue 1] Bills of Exchange Act (iv) where the drawee or acceptor is as between himself and the drawer under no obligation to accept or pay the bill; (v) where the drawer has countermanded payment; (d) as regards the indorser in the following cases— (i) 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 endorsed the bill; (ii) where the indorser is the person to whom the bill is presented for payment; (iii) where the bill was accepted or made for his accommodation.