PROTEST (from Lat. protestari, protrstare, to declare publicly. bear witness. from pro. be fore, for + testari, to bear witness, from testis, , CERTIFICATE OF. A formal document by a notary public, or other duly authorized person, attesting the truth of some :statement of fact, therein contained. It makes its appearance, at times, in shipping transactions. when it con tains a statement on behalf of the master of accidents, or injury, or breaches of duty by char terer, or consignees. causing delay or damage to the ship; or a statement by the shipper against the master for misconduct. or delay or refusal to sign customary bills of lading. It is most frequently employed. however, in connection with negotiable paper, for the purpose of allording inexpensive evidence that the paper therein de scribed has been duly dishonored. The law mer chant, as it has been understood in England and in this country, requires a protest only in case of a foreign bill of exchange. By modern stat utes, however, it is authorized and the fees and expenses thereof are collectible. in the case of an inland bill. check. or promissory note. The protest is to be made by a notary public under his hand and tIYXuI seal; or by .a respectable resident of the place where the instrument is dis honored, in the presence of two or more creditable witnesses. On the day of dishonor. the notary
should make a memorandum of the fact that the paper has been duly presented and dishonored. This is termed 'noting.' At his convenience there after. he may extend the protest: that is, draw up, sign, and seal the formal certificate. This document must specify: (1) the time and place of presentment; (2) the fact that presentment was made and the manner thereof: (3) the eanse or reason for protesting the bill; (4) the demand made and the answer given. if any, or the fact that. the drawer, or accepter, or maker could not be found.
The term 'protest' is often used to designate all of the proceedings which are necessary to fix the liability of a drawer or indorser. In this sense, it ineludes the notice of dishonor. As a techni cal term of the law of negotiable paper, however, it is limited to its original signification of a document prepared to bear witness to (protes tor() the fact of dishonor. Consult : Brooke.
Treat on. the Office and Praetice of a :Votary of England (London, 1901 I ; Daniels, A Treatise on the Law of Negotiable Instruments (New York, 1903).