§ 154. Protest-By Whom Made.-"Protest may be made by:

(1) "A notary public; or

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

The fact that the notary who protested the bill, was also the cashier of the holder bank, did not disqualify him as notary. Moreland v. Citizens' Savings Bank, 97 Ky. 211, 30 S. W. 637, 17 K. L. R. 88.

Where it was shown by the evidence that in New Orleans, La., it was a custom that presentment could be made by the clerk of the notary, it was held sufficient in this State, McClane v. Fitch, 4 B. Mon. 599. This was followed by Chenowith v. Chamberlain, 6 B. Mon. 60, where it was held that such a presentment by the clerk of the notary and certificate thereof by the notary was not good in the absence of proof of such a custom at the place of presentment. In the next case, Bank of Kentucky v. Garey, 6 B. Mon. 626, the Court made a distinction between a notary's clerk and his deputy, and while it would not be presumed that a presentment by a clerk was in pursuance of an universal custom, such a presumption would be indulged in favor of a deputy; especially when the place of presentment was a large

city and the duties of the notary were consequently multitudinous. The next case was Lee, etc. v. Buford, 4 Met. 7. In this case a statute of Louisiana was introduced in evidence This statute authorized the notary to appoint deputies and made the notary responsible for his deputy's act. The Court held that a protest made by the notary based on a presentment made by the deputy was good; that under that statute the act of the deputy was the act of the notary, and the protest by the notary furnished the same evidence of presentment as if it had stated that the notary had presented the bill in person.

Subsection 2 is the same as the old law, Read v. Bank of Kentucky, 1 T. B. Mon. 91; Bank of Kentucky v. Pursley, 3 T. B. Mon. 238. Of course, in such a state of case the protest must be drawn and certified by the respectable resident just as it would have to be by the notary when presented by his deputy. But how is the resident making the protest to be proven respectable? We presume from evidence aliunde. But it will be observed that in case of protest in this manner, there is no statute which makes the protest evidence of any other fact than presentment and dishonor; whereas if made by a notary in this State it is also prima facie evidence of the notices given as certified by the notary. See note to Section 118.

§ 155. Protest-Time Of Noting."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."

In Smith v. Roach, 7 B. Mon. 17, it was held that a notation by the notary as follows, "Pro. N. A. April the 19th, 1842. John D. Campbell, Not. Pub. N. Y.," was competent evidence as to the fact of presentment for acceptance and dishonor, that where a presentment was made by a notary and the bill was dishonored and protested this fact could be proven by any other evidence in their power. But see Section 154 and note. Under this section it seems that the notation of the notary is only the foundation for the complete certificate, which can and must be extended afterward as of the date of the notation.

§ 156. Protest-Where Made.-"A bill must be protested at the place where it is dishonored, 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 non-payment at the place where it is expressed to be payable; and no other pre

sentment for payment to, or demand on, the drawee is necessary."

§ 157. Protest For Non-payment After Protest For Non-acceptance.-"A bill which has been protested for non-acceptance may be subsequently protested for non-payment.

§ 158. Protest Before Maturity Where Acceptor Bankrupt or 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 endorser."

§ 159. 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."

§ 160. Protest Where Bill Is Lost, Etc."Where a bill is lost or destroyed or is wrongly detained from the preson entitled to hold it, protest may be made on a copy or written particulars thereof."

ARTICLE V.

ACCEPTANCE FOR HONOR.

Section 161. When bill may be accepted for honor.

162. Acceptance for honor; requisites. 163. General acceptance for honor deemed for honor of drawer.

164. To whom acceptor for honor liable. 165. Engagement of acceptor for honor. 166. Maturity of bill payable after sight accepted for honor.

167. Bill accepted for honor, etc., must be protested for non-payment.

168. Presentment for payment to acceptor for honor.

169. Excuse for delay in presentment to acceptor for honor.

170. Dishonor by acceptor for honor; protest.

§ 161. 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