forth, although the notary, when examined, has no recollection of them. Rosson v. Carroll, 90 Tenn. 90; Sherer v. Easton Bank, 33 Pa. St. 134. And the entries of a deceased notary in his register are admissible. Spann v. Baltzell, 1 Fla. 301; Porter v. Judson, 1 Gray, 175. When a notary has neglected to keep a record of the notice which he has served on the non-payment of a note, his oral testimony is admissible to prove its contents. Terbell v. Jones, 15 Wis. 253. Where the protest is exclusively relied upon to prove the necessary facts to fix liability upon the parties to be affected, it must contain sufficient averments to show that everything requisite has been done on the part of the holder, or his agent, to authorize the demand upon the indorser. People's Bank v. Brooke, 31 Md. 7.

§ 262. Protest; by whom made.-Protest may be made by:

1. A notary public (a); or

2. By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses (b).

(a) It would seem that, in the absence of any custom or usage on the subject, the presentment and demand must be made by the notary in person. Commercial Bank v. Varnum, 49 N. Y. 269, 275; Ocean Nat. Bank v. Williams, 102 Mass. 141. A notary who is an officer of a bank may legally protest paper belonging to the bank. Nelson v. First National Bank, 69 Fed. Rep. 798; 29 U. S. 554; 16 C. C. A. 425. And though he is also a stockholder in the bank. Moreland's Assignee v. Citizens' Savings Bank, (Ky.) 30 S. W. Rep. 19. And it has been held that the cashier of a bank who is a notary may legally protest his own note which has been discounted by the bank. Dykman v. Northridge, 1 App. Div. 26. (b) Todd v. Neal's Administrator, 49 Ala. 273.

§ 263. Protest; when to be made.-When a bill is protested, such protest must be made on the day of its dishonor, unless delay is excused as herein provided. When a bill has been duly noted, the protest may be subsequently extended as of the date of the noting (a).

(a) The protest should be commenced, at least (and such an incipient protest is called noting), on the day on which acceptance or payment is refused; but it may be drawn up and completed at any time before the commencement of the suit, or even before or during the trial, and ante-dated accordingly. Byles on Bills, 257.

§ 264. Protest; where made.-A bill must be protested at the place where it is dishonored (a), except that when a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for nonpayment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary (b).

(a) See Daniel on Neg Inst., section 935; Byles on Bills, 257. (b) 3 William IV. Ch. 98; Daniel on Neg. Inst., section 935; Byles on Bills, 258.

§ 265. Protest both for non-acceptance and nonpayment.-A bill which has been protested for non-acceptance may be subsequently protested for non-payment.

§ 266. Protest before maturity where acceptor insolvent. Where the acceptor has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, before the bill matures, the holder may cause the bill to be protested for better security against the drawer and indorsers.

§ 267. When protest dispensed with.-Protest is dispensed with by any circumstances which would dispense with notice of dishonor. Delay in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, the bill must be noted or protested with reasonable diligence.

§ 268. Protest where bill is lost, et cetera. Where a bill is lost or destroyed or is wrongly detained from the person entitled to hold it, protest may be made on a copy or written particulars thereof (a).

(a) Hinsdale v. Miles, 5 Conn. 331. Loss of the instrument does not excuse demand and protest. Daniel on Negotiable Instruments, section 1464. See also section 245.

ARTICLE XIV.*

ACCEPTANCE OF BILLS OF EXCHANGE FOR HONOR.

Section 280. When bill may be accepted for honor. 281. Acceptance for honor; how made.

282. When deemed to be an acceptance for honor of the drawer.

283. Liability of acceptor for honor.

284. Agreement of acceptor for honor.

285. Maturity of bill payable after sight; accepted for honor.

286. Protest of bill accepted for honor, et cetera. 287. Presentment for payment to acceptor for honor; how made.

288. When delay in making presentment is excused.

289. Dishonor of bill by acceptor for honor.

280. When bill may be accepted for honor.-Where a bill of exchange has been protested for dishonor by non-acceptance or protested for better security and is not overdue, any person not being a party already liable thereon.

*The numbers of the sections of this article in other States than New York are as follows: Colorado, Connecticut. District of Columbia, Florida, Massachusetts, North Carolina. North Dakota, Pennsylvania, Oregon, Tennessee, Utah, Virginia and Washington, 161-170; Maryland, 180-189; Rhode Island, 169-178; Wisconsin, 1681-18-1681-27.

may, with the consent of the holder, intervene and accept the bill supra protest for the honor of any party liable thereon or for the honor of the person for* whose account the bill is drawn. The acceptance for honor may be for part only of the sum for which the bill is drawn; and where there has been an acceptance for honor for one party, there may be a further acceptance by a different person for the honor of another party (a).

(a) Byles on Bills, 262-266.

§ 281. Acceptance for honor; how made.-An acceptance for honor supra protest must be in writing and indicate that it is an acceptance for honor, and must be signed by the acceptor for honor.

§ 282. When deemed to be an acceptance for honor of the drawer.-Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for the honor of the drawer.

§ 283. Liability of acceptor for honor.-The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for whose honor he has accepted (a).

(a) The acceptor for the honor of the drawer cannot maintain an action thereon against him without proof of its presentment to the drawee and non-acceptance or non-payment by him, and notice thereof to the drawer. Baring v. Clark, 19 Pick. 220.

§ 284. Agreement of acceptor for honor.-The acceptor for honor by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance, provided it shall not have been paid by the drawee, and provided also that it shall have been duly pre

*The word" for" omitted in the original New York Act supplied by Laws 1898, c. 336.

sented for payment and protested for non-payment and notice of dishonor given to him.

§ 285. Maturity of bill payable after sight; accepted for honor. Where a bill payable after sight is accepted for honor, its maturity is calculated from the date of the noting for non-acceptance and not from the date of the acceptance for honor.

286. Protest of bill accepted for honor, et cetera.Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need.

§ 287. Presentment for payment to acceptor for honor; how made.-Presentment for payment to the acceptor for honor must be made as follows:

1. If it is to be presented in the place where the protest for non-payment was made, it must be presented not later than the day following its maturity;

2. If it is to be presented in some other place than the place where it was protested, then it must be forwarded within the time specified in section one hundred and seventyfive* (a).

(a) Doubts having arisen as to the day when the bill should be again presented to the acceptor for honor, or referee in case of need, for payment, the 6 and 7 Will. 4, c. 58, enacted that it should not be necessary to present, or in case the acceptor for honor or referee live at a distance, to forward for presentment, till the day following that on which the bill becomes due. Byles on Bills, 263.

$288. When delay in making presentment is excused. The provisions of section one hundred and forty

* Number one hundred and seventy-five substituted for one hundred and four by Laws N. Y. 1898. c. 336.