either partner. If a bank is the holder, it may be made by the cashier or his authorized agent. Presentment should not be made by a holder under guardianship. If the holder has become insolvent, and a receiver has been appointed, presentment should be made by the receiver or his agent. After the death of the holder, presentment must be made by the executor or administrator, when appointed. If the holders were partners, and one die, presentment must be made by the survivor or his agent. 10. Presentment must be made to the maker or acceptor, either personally, or at his dwelling-house or place of business. If payable at a particular place, it must there be presented. Presentment may be made to the duly authorized agent of the maker or acceptor. When one joint maker or acceptor dies, presentment must be made to the survivor. If the note or bill be joint and several, it may be presented to either. 1 CHAPTER XCVIII. PROTEST, WHEN NECESSARY. 1. A PROTEST is a solemn declaration on behalf of the holder against the drawer and indorsers, that they shall be held responsible for any loss to be sustained by nonacceptance or non-payment of the note or bill. A copy of the note or bill should always be annexed to the protest, with the indorsements thereon; and if any reason is given for the non-payment or non-acceptance, it should If a bank is the holder? If the holder be under guardianship? If the holder has become insolvent, and a receiver has been appointed? After the death of the holder? If the holders were partners, and one die? 10. To whom must presentment be made? If payable at a particular place? If the maker have a duly authorized agent? When one jcint maker or acceptor dies? If the note or bill be joint and several ? 1. What is a protest? What is usually attached to the protest? If any reason is given for the non-acceptance or non-payment, where should be stated in the protest. A protest is absolutely necessary in case of foreign bills. No protest of promissory notes or inland bills of exchange is required by law. When a protest is required by law, it must be made by a notary public, if one can be procured. If none can be procured, it may be made by a respectable inhabitant of the place. Upon the dishonor of foreign bills, the holder must have the bill duly protested, and notice thereof given to the antecedent collateral parties to whom he intends to look for reimbursement or indemnity. 2. It is a general custom among merchants to have promissory notes and inland bills of exchange presented for payment by a notary public, and to have the same protested in case of non-acceptance or non-payment. Although it is not absolutely necessary that the presentment, demand, and notice be made by a notary public, yet it is undoubtedly preferable to employ a notary as an agent in such cases. The notary, being a public officer, keeps a record of all bills or notes protested by him, and the evidence of presentation, demand, and notice is perpetuated by means of his official record. 3. It is declared by statute in the State of New York that notaries public shall have authority to demand acceptance and payment of foreign bills of exchange, and authority to protest the same for non-acceptance and nonpayment. They may also exercise all other powers and duties which by the law of nations or commercial usage, or by the laws of any other State or government, may be performed by notaries public. They are also authorized to demand acceptance and payment of inland bills of ex it be stated? When is a protest absolutely necessary? When is it not required by law? By whom must a protest be made? If a notary public cannot be procured? What is necessary in case of the dishonor of a foreign bill? 2. What is the general custom among merchants as to presentation of promissory notes and inland bills? Is it absolutely necessary to have them protested by a notary? Why is it preferable? What record does the notary keep? 3. What authority is given by statute, in the State of New York, to notaries public? What other powers may they exercise? What is change and promissory notes, and may protest the same for non-acceptance and non-payment. 4. The protest of foreign bills of exchange is evidence of the facts contained therein, but the protest made by notaries public in the State of New York of inland bills and promissory notes is not evidence of the facts contained therein, except in the following cases: 1. In case of the death or insanity of the notary public, or of his absence, so that his personal attendance or testimony cannot be procured, the original protest of such notary under his official seal, his signature and seal being duly proved, is presumptive evidence of the fact of any demand of acceptance or of payment therein stated; 2. In all cases at law, the certificate of a notary, under his hand and seal of office, of the presentment by him of any promissory note or bill of exchange for acceptance or payment, and of any protest, and of service of notice thereof upon any of the parties to the bill or note, and specifying the mode of giving such notice, and the reputed place of residence of the parties to whom the notice was given, and the post-office nearest thereto, is presumptive evidence of the facts contained in such certificate. But this provision does not apply to any case in which the defendant shall in his answer deny on oath the fact of having received notice of non-acceptance or non-payment of such note or bill; 3. Any note or memorandum made by a notary public in his own handwriting, and signed by him at the foot of the protest, or in the regular register of official acts kept by him in the cases above specified, shall be presumptive evidence of the fact of any notice of non-acceptance or nonpayment having been sent or delivered at the time or in the manner stated in such note or memorandum. their authority in reference to promissory notes and inland bills of exchange? 4. Of what is the protest of foreign bills of exchange evidence? When is the protest of inland bills and promissory notes evidence of the facts contained therein? In cases at law, what is the rule? If the defendant denies on oath, in his answer, the fact of receiving no 5. The following is the usual form of a protest: UNITED STATES OF AMERICA, SS. State of New York. On the 11th day of July, 1865, at the request of John Foster, I, Benjamin K. True, notary public in and for the State of New York, duly commissioned and sworn, dwelling in said city of New York, did present the original promissory note, a copy of which is hereunto annexed, dated the 8th day of June, 1865, for five hundred dollars, to the maker, William Blake, personally, at No. 128 Broadway, New York city, and demanded payment, which was refused. Wherefore, I, the said notary public, at the request aforesaid, did protest, and by these presents do publicly protest, as well against the maker and indorsers of said note as against all others whom it may concern, for exchange, re-exchange, and all costs, damages, interest already incurred, and to be hereafter incurred, for want of payment of the same. UNITED STATES OF AMERICA, 89. State of New York. And I do further certify, that on the 11th day of July, 1865, and after presentment aforesaid, due notice of the protest of the said note was deposited in the post-office in the city of New York, and postage prepaid, in time for the next regular mail, addressed to John B. Astor, at Astoria, Queens County, State of New York, which is his reputed place of residence. In witness whereof, I have hereunto subscribed my name, and affixed my notarial seal. Witness Indorsed, JOHN DOE, RICHARD ROE. $500. BENJ. K. TRUE, Notary Public, 43 Wall-street, N. Y. city. Copy of Note. NEW YORK, June 8, 1865. One month after date, I promise to pay John B. Astor, or order five hundred dollars, value received. WILLIAM BLAKE. 6. The usual notice to indorsers is in the following form: NEW YORK, July 11, 1865. SIR-You will take notice that a promissory note made by William Blake on the 8th day of June, 1865, for five hundred dollars, and indorsed 5. What is the form of a protest? the time and manner of serving notice? 6. What is the form of the notice? Does it contain a description of by you, which became due this day, payment of which has been duly demanded and refused, was this evening protested for non-payment, and the holder looks to you for payment thereof. TO JOHN B. ASTOR. Your obt. servt., BENJ. K. TRUE, Notary Public, 43 Wall-street, N. Y. city. The original protest is generally retained by the notary public, bound in a book; and in case of inland bills and promissory notes, an abbreviated protest, in the following form, is attached to the note and returned to the party for whom it is protested: STATE OF NEW YORK, City and County of New York. Be it known, that the promissory note hereunto annexed was this day protested for non-payment. New York, July 11, 1865. Witness JOHN DOE, RICHARD ROE. BENJ. K. TRUE, Notary Public, 43 Wall-street, N. Y. city. This memorandum is generally attached to the note or bill, instead of the full protest. If an action is commenced on the note or bill, and it is necessary to prove the protest, application is made to the notary public, whose name is upon the memorandum, and he, without additional charge, furnishes the applicant with a copy of the protest under his hand and notarial seal. the owner with the note? If an action is commenced on the note or bill? |