on his trade or occupation, being the natural and usual place of paying money, and transacting his business; and of course, whenever the drawees or acceptors of a bill, or the makers of a note, constitute a firm, the above remarks will apply with additional force.

If, on making an attempt to present it for payment, the place of business or residence of the acceptor, or of the drawee if not accepted, or the place at which it is accepted payable, be shut up, and no person be within to give an answer, it is customary and proper to state that fact in the protest, (if the bill should be afterwards protested,) and sometimes in case of the drawee's or acceptor's bankruptcy, or insolvency, that fact is also stated in it, because it may tend to account for the former circumstance.

The observations before made, and the rules explained in another place, respecting the mode of presenting, or attempting to present a bill for acceptance, in case of the death, absconding, or absence of the drawee of a bill, or if no such person can be found, will equally apply to the presenting, or endeavoring to present a bill or note for payment, whenever, on its becoming due, any such peculiar events or circumstances occur, with respect to the drawee, or acceptor of the bill, or maker of the note, or the persons at whose house or place of business the bill or note has been accepted or made payable.

It may perhaps be correct to add here, that according to the general and perhaps universal course of mercantile business in this country, the drawee or acceptor of a bill must be considered as advised or aware, when the bill becomes due, and consequently that less strictness and fewer exertions are necessary, in then trying to meet with him, than in the case of presenting it for acceptance.

When a bill is payable on demand, the three days of grace are not allowed; but in practice the days of grace are allowable when a bill is payable at sight. The course

usually pursued when it is payable at sight is to present such a bill for acceptance, and if refused, to protest it for non-acceptance: after a protest of the bill for non-acceptance, it is at once, according to the laws of this country, dishonored, and there does not appear to be any absolute necessity also to protest such a bill three days afterwards, for non-payment, though in practice it is sometimes done; but as our laws may not be so well known in other countries, it is submitted that it may be advisable to add in the protest for non-acceptance, that the drawee declared (if the fact be so) that the bill would neither be accepted nor paid: the course, however, which is recommended, in order to obviate all doubt, is to protest it first for non-acceptance, and afterwards for non-payment.

As bills and notes must be for the payment of money only, an order or promise to pay money, and do some other act, is not a bill or note; it is, however, recommended to have such an instrument, if not drawn for payment of money or of money only, and if from a foreign country, presented and protested, in the same manner as a foreign bill, because our own laws may perhaps not receive the same attention in courts abroad, which is enforced here.

It is perhaps superfluous to mention, that a bill, whether foreign or inland, is always presented when due for payment in England, on behalf of the holder, if the drawee, or acceptor (if accepted) can be found, and there is any chance. of obtaining payment, prior to its being sent to a notary's office to be noted or protested: such prior presentment, however, though usual and convenient, is not in fact necessary, because there is not any need of two presentments for payment.

If a bill or note should be lost, payment must nevertheless be demanded when it becomes due, and a copy, or such particulars of it as can can be had, should be presented instead of the original, (or the second or third of exchange

would perhaps be used in such a case); and it has occasionally occurred, when in consequence of special or peculiar circumstances a bill did not happen to be in this country when at maturity, and the drawer or indorsers resided abroad, that the second or third of exchange has been presented in lieu of it.

Instances have occasionally occurred, when, owing to neglect or other causes, the bill has not been sent to the notary until some days had elapsed after it had become due, and the holder and drawee have appeared at the notary's office, and the drawee has admitted the fact of presentment, and the want of funds; in that case the notary has certified the facts in the protest, and concluded in the usual form, "Wherefore I, the said notary, at the request aforesaid, have protested," &c. &c. Sometimes such a protest has stated, if the facts warranted it, that the drawee declared, that it would not have been paid, if presented on the day when it became due. Such a protest in a foreign court, where alone it could be evidence, might probably be received as proof of the facts stated therein; and the effect would depend on such other circumstances as might be given in evidence, on the trial of any question between contending parties.

The observations before made, respecting the necessity of a protest, on non-payment of a foreign bill, must, however, be taken with this qualification; if a bill has been previously presented for acceptance, and refused, and protested for non-acceptance, it is not obligatory upon the holder to present the bill again when due, or to protest it for non-payment, except as before observed in the case of an acceptance supra protest, or to give notice of its not being paid; however, where the bill happens not to have been sent back upon the parties abroad, on non-acceptance, and is still in the hands of a person in this country, it is customary to present it again, and on refusal, to protest it for non-pay

ment, and the charges are added to the other expenses on the bill as against the other parties.

That plan is frequently adopted, and there is this advantage in it, that as it often happens, that funds arrive from the drawer sufficient to satisfy the bill, either in whole or in part, a presentment for payment when due affords the holder an additional chance of receiving at least a portion of the amount, without sending abroad; there is no fixed custom respecting it, for it is considered equally regular to suspend proceedings, or wait and keep the bill in this country until it becomes due, and then to protest it for non-payment, or to send it back and proceed against the parties to it immediately on its being protested for non-acceptance, just as the holder may think most conducive to his interests.

It is perhaps not of very frequent occurrence, for a promissory note to be made abroad, but payable in this country; in such a case, however, the same ceremony, as to presentment when due, and protest for non-payment, must be observed as in the case of a foreign bill. And if an English promissory note payable here should be paid for the honor of the maker, or payee, there must be a protest made, and an act of honor granted, as if it had been a bill of exchange.

In practice, a protest of an inland bill or note is not very often made, unless it happens that it becomes necessary to sue any of the parties to it who may happen to be abroad, or to attach property there; and in that case a protest is necessary, as in the case of a foreign bill; and a protest and an act of honor are considered requisite in the case of an inland bill, when paid for the honor of the drawer or indorser.

It has been decided, that a protest of an inland bill is not essential to enable the holder to sue and recover interest in this country.

It is, however, in general, the custom to get inland bills and promissory notes noted for non-payment, and though

not essential, it is generally recommended; and there is an obvious advantage in doing so, because, being a ceremony looked for on non-payment, the circumstance of its not having been done would tend to render the other parties to the bill or note suspicious of irregularity, and more reluctant to pay it, and would almost certainly tend to raise a prejudice in the minds of a jury against the plaintiff, if upon a trial the due presentment should be disputed; besides which, from the noting, the presentment and dishonor of the bill may with ease be at any time traced, by reference to the register or protest book, preserved in the notary's office; and there is another obvious advantage in noting it, which is, that a copy can be at any time obtained from the notary's office, and proved, if the original should be lost.

Ship protests-Certificates of survey - Protests relating to various mercantile subjects.

On the arrival of a vessel at her port of destination, it is the custom for the master to cause an entry or note of a protest to be made, which is signed by him at the office of a notary; it is somewhat in the form of a notice from the master, and if correctly drawn up in that form, it does not require a stamp. It should contain some particulars of the voyage, such as the name of the vessel and of the master, the port from whence she came, the time of her departure, the nature of her cargo, and the date of her arrival; the best mode, and one which is becoming general, is to have a printed book of registry, containing the formal parts of such entries, with proper blanks, in which the above-mentioned particulars are to be supplied.

This ceremony is called noting a protest, or entering a note of a protest; and masters of vessels consider, that by usage it may be regularly done, at any time within fortyeight hours after arrival; it is, however, much more frequently done on the day of arrival, or on the next day. 24

VOL. XXV.-NO. L.