1, A formal declaration made by a person interested or concerned in some act about to be done, or already performed, and in relation thereto, whereby he expresses his dissent or disapproval, or affirms the act to be done against his will or convictions, the object being generally to save
More... 1, A formal declaration made by a person interested or concerned in some act about to be done, or already performed, and in relation thereto, whereby he expresses his dissent or disapproval, or affirms the act to be done against his will or convictions, the object being generally to save some right which would be lost to him if his implied assent could be made out, or to exonerate himself from some responsibility which would attach to him unless he expressly negatived his assent to or voluntary participation in the act 2. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bill or note, in which such bill or note is described, and it is declared that the same was on a certain day presented for payment, (or acceptance, as the case may be,) and that such payment or acceptance was refused, and stating the reasons, if any, given for such refusal, whereupon the notary protests against all parties to such instrument, and declares that they will be held responsible for all loss or damage arising from its dishonor. See Annville Nat. Bank v. Kettering, 106 Pa. 531, 51 Am. Rep. 536; Ayrault v. Pacific Bank, 47 N. Y. 575, 7 Am. Rep. 489." A formal notarial certificate attesting the dishonor of a bill of exchange or promissory note. Benj. Chalm. Bills & N. art. 176. A solemn declaration written by the notary, under a fair copy of the bill, stating that the payment or acceptance has been demanded and refused, the reason, if any, assigned, and that the bill is therefore protested. Dennistoun v. Stewart, 17 How. 607; 15 L. Ed. 228. "Protest," in a technical sense, means only the formal declaration drawn up and signed by the notary; yet, as used by commercial men, the word includes all the steps necessary to charge an indorser. Townsend v. Lorain Bank, 2 Ohio St. 345. "3. A formal declaration made by a minority (or by certain Individuals) in a legislative body that they .dissent from some act or resolution of the body, usually adding the grounds of their dissent. The term, in this sense, seems to be particularly appropriate to such a proceeding in the English house of lords. See Auditor General v. Board of Sup'rs, 89 Mich. 552, 51 N. W. 483." "4. The name "protest" is also given to the formal statement usually in writing, made by a person who is called upon by public authority to pay a sum of money, in which he declares that he does not concede the legality or justice of the claim or his duty to pay it, or that he disputes the amount demanded; the object being to save his right to recover or reclaim the amount which right would #be lost by his acquiescence. Thus, taxes may be paid under "protest" See Meyer v. Clark, 2 Daly (N. Y.) 509." 5. "Protest" is also the name of a paper served on a collector of customs by an importer of merchandise, stating that he believes the sum charged as duty to be excess-, ive, and that, although he pays such sum for the purpose of getting his goods out of the custom-house, he reserves the right to bring an action against the collector to recover the excess." "6. In maritime law, a protest Is a written statement by the master of a vessel, attested by a proper judicial officer or a notary, to the effect that damage suffered by the ship on her voyage was caused by storms or other perils of the sea, without any negligence or misconduct on his own part. Marsh. Ins. 715. And see Cudworth v. South Carolina Ins. Co., 4 Rich. Law (S. C.) 416, 55 Am. Dec. 692." -Notice of protest. 'A notice given by the holder of a bill or note to the drawer or indorser that the bill has been protested for refusal of payment or acceptance. Cook v. Litchfield, 10 N. Y. Leg. Obs. 338; First Nat. Bank v. Hatch, 78 Me. 23; Roberts v. State Bank, 9 Port. (Ala.) 315.-Supra protest. In mercantile law. A term applied to an acceptance of a bill by a third, person, after protest for nonacceptance by the drawee. 3 Kent, Comm. 87.-Waiver of protest. As applied to a note or bill, a waiver of protest implies not only dispensing with the formal act known as "protest;" but also with that which ordinarily must precede it, vis., demand and notice of non-payment. See Baker v. Scott, 29 Kan. 136. 44 Am. Rep. 628; First Nat. Bank v. Hartman, 110 Pa. 196, 2 Atl. 271; Coddington v. Davis, 1 N. Y. 186.
Less...
