While it is a strict rule of law that a note or bill must be presented for payment on the day of maturity, and while the law will also demand that the rules of notice or dishonor and protest be rigidly enforced, yet where impossibilities arise which prevent the holder from making the presentment and protest and sending out notice of dishonor, the law will excuse the holder from performing these obligations while the impossibility exists which prevent the accomplishment of these duties; and notwithstanding the presentment and protest is not made, and the notice is not given, the law will in such cases hold the drawer and the indorsers liable.

Among the most usual things that may occur that would act as an obstacle to presentment and protest may be mentioned the breaking out of hostilities between the country of the holder and the country of the person upon whom presentment, etc., is to be made; as long as the war continues, or until communication between the affected countries is resumed, the war will operate as an excuse to delay presentment and protest and notice.28

So the happening of any event that would cause a complete cessation of business between the place of business of the holder and the place of business of the person upon whom presentment is to be made or notice given would excuse the holder pending the continuation of such happening. It is necessary, however, that business be completely suspended by the disturbance and that the suspension be necessary on account of the happening. Disturbances of this sort include conflagrations, epidemics, riots, floods, and a general pestilence.

28 Hubbard vs. Mathews, 54 N. Y., 43.

It is the further rule that with the cessation of the calamity, or the removal of the bar to presentment, etc., that it is then the duty of the holder to make presentment and protest, and send out notice of dishonor, within a reasonable time after the removal of the cause of the delay.29

If an indorser indorses a void note, he is liable on his implied guaranty and cannot escape liability for lack of presentment, protest and notice, as he cannot expect that the note will be honored under such circumstances.30 If the address of the maker of a note is unknown and cannot be found out by the exercise of due diligence, or the same is true as to the acceptor of a bill, presentment will be excused and the paper may be protested and notice sent out ft) the indorsers or the drawer.

Presentment is likewise excused by the notorious insolvency of the maker, or acceptor, or if the maker or acceptor has absconded, no presentment need be made.

The extreme illness, or the death of holder on the eve of presentment, will operate to furnish a temporary excuse for failure to make presentment. But it must be remembered that this last excuse is only to be temporarily claimed, and that within a reasonable time the representative of the holder should act in his stead.31

Presentment, protest, and notice may be waived; but the waiver must be made by the indorser or the person secondarily liable on the paper to the holder of the paper.32 It is not necessary that the waiver be written on the note or bill itself; it may be on a separate piece of paper.33 A parol waiver is held good by some courts.

29 Bond vs. Moore, 93 U. S., 593. 30 Wyman vs. Adams, 12 Cush., 310.

31 White vs. Stoddard, 11 Gray, 258.

32 Curtiss vs. Martin, 20 I11. 557.

33 Spencer vs. Harvey, 17 Wend., 489.