KFLCC Kingdom Law 2nd Ed.

PROTESTATION

960

PROTECTORATE

amount demanded; the object being to save his right to recover or reclaim the amount, which right would be lost by his acquies cence. Thus, taxes may be paid under "pro test" 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 im porter of merchandise, stating that he be lieves 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 re cover the excess. 6. In maritime law, a protest is a written statement by the master of a vessel, attest ed 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 Mo. 23; Roberts v. State Bank, 9 Port. (Ala.) 315.—Supra protest. In mer cantile 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 dis pensing with the formal act known as "pro test," but also with that which ordinarily must precede it, viz., demand and notice of non-pay ment. 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. PROTESTANDO. L. Lat Protesting. The emphatic word formerly used in plead ing by way of protestation. 3 Bl. Comm. 311. See PROTESTATION. PROTESTANTS. Those who adhered to the doctrine of Luther; so called because, in 1529, they protested against a decree of the emperor Charles V. and of the diet of Spires, and declared that they appealed to a general council. The name is now applied indiscrim inately to all the sects, of whatever de nomination, who have seceded from the Church of Rome. Enc. Lond. See Hale v. Everett, 53 N. H. 9, 16 Am. Rep. 82; Appeal of Tappan, 52 Conn. 413. PROTESTATION. In pleading. The indirect affirmation or denial of the truth of some matter which cannot with propriety or safety be positively affirmed, denied, or en tirely passed over. See 3 Bl. Comm. 311. The exclusion of a conclusion. Co. Litt 124. In practice. An asseveration made by taking God to witness. A protestation is a

quent estate, the consent of the protector be ing made necessary for that purpose. PROTECTORATE. (1) The period dur ing which Oliver Cromwell ruled in Eng land. (2) Also the office of protector. (3) The relation of the English sovereign, till the year 1864, to the Ionian Islands. Whar ton. PROTEST. 1. A formal declaration made by a person interested or concerned in some act about to be done, or already per formed, and in relation thereto, whereby he expresses his dissent or disapproval, or af firms 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 responsibil ity which would attach to him unless he ex pressly negatived his assent to or voluntary participation in the act. 2. A notarial act, being a formal state ment 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 dis honor. 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 dis honor 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 minor ity (or by certain individuals) in a legisla tive 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 pub lic 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