Sec. 81. When delay in making presentment is excused.

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.
When delay in making presentment excused.

Is should be noted that under this section only the delay in making of
presentment is excused and not the making of the presentment itself. Under
Sections 79 and 80, like in Section 82, presentment for payment itself is
excused.

"Circumstances beyond the control" of the holder are "events which could
not be foreseen, or which, though foreseen are inevitable" (Art. 1174, Civil
Code; see Sec. 147.), such as extreme weather conditions. As soon as the
cause which operated to prevent the making of presentment is removed,
presentment must be made with reasonable diligence.

Sec. 82. When presentment may be dispensed with. Presentment

for payment is dispensed with
(a) Where after the exercise of reasonable diligence, presentment,
as required by this Act can not be made;
(b) Where drawee is a fictitious person;
(c) By waiver of presentment, express or implied.

When presentment may be dispensed with.

The facts excusing presentment or failure to give notice of dishonor, or a

waiver thereof must be especially pleaded. Proof thereof is not otherwise
admissible. (Calbraith v. Shepard, 86 Pac. 1113.)

(1) Where reasonable diligence has been exercised. Reasonable

diligence implies active search. If practicable, the holder should make
inquiries of the payee when neither the maker nor his residence could
be found. (Cuddy v. Sarrandea, 161 Atl. 297.) But the fact that the
bank was closed by the government dispenses with presentment
(Spencer v. Rurakiewicz, 192 N.E. 161.) Likewise, presentment is
dispensed with when the proper place of presentment cannot be
determined because Section 73 is not applicable. But insolvency of the
maker even if known to the indorser, will not excuse presentment for
payment. (Nolan v. N.E. Wilcox Motor Co., 195 S.W. 58.)
 (2) ) Where drawee is fictitious.If the drawee is fictitious, there is no one
to whom presentment is to be made and, therefore, it is dispensed
with.

(3) Where there is waiver. The waiver may be before or after maturity
(Thompson v. Curry, 91 S.E. 801.), and it may be express or implied.

(a) "Presentment waived" or "waiving demand and protest," written

before the signature of the drawer or indorser, is an express waiver.

(b) Implied waiver of presentment may be manifested by an act or

conduct of a party calculated to lead the holder to believe that
presentment is waived or to mislead or prevent him from treating the
instrument as he otherwise would like, for instance, where the drawer
promised from time to time to pay a bill, making no objection on the
ground that the bill had not been presented to the drawee. (Simonoff v.
Granite City Nat. Bank, 116 N.E. 636.)

Waiver of presentment of a note by the maker does not operate as a waiver

by the indorser. (Horton v. Reid, 87 P. 2d 936.)

Summary of rules as to presentment for payment.

(1)Presentment for payment is not necessary to charge persons primarily

liable but is necessary to change persons secondarily liable. (Sec. 70.)
(2)In the following cases, presentment for payment is not necessary to
charge persons secondarily liable:
(a) as to drawer, under Section 79;
(b) as to indorser, under Section 80;
(c) when presentment is dispensed with under Section 82; and
(d) when the bill has been dishonored by non-acceptance as provided
in Section 151.