Question 520.— A note payable at Bank B was handed to the notary by Bank A for protest. It was duly presented, and notice of dishonour given in the ordinary form. In the Act of Protest attached to the note the notary, through error, declared that he had presented the note " at Bank A, where the same is payable." Does this invalidate the protest?

Answer.—The act of protest is merely a certificate as to what the notary has done, and could be corrected at any time. The notice of dishonour having been duly given, the parties would be liable without any further action on the part of the notary. He attaches his notarial act merely as a convenient mode of proving that the notice has been duly sent, but proof of the notice might be made in any other way.

In answer to a further inquiry on the subject: If in the notice of dishonour it was stated that the note had been presented at Bank A while really payable at Bank B, that would not necessarily invalidate the notice. Such an error might be regarded as a mis-description of the bill, but the notice would not be vitiated thereby unless the party to whom the notice was given was in fact misled by it. (Section 49 (g)).

It is to be observed that the Act does not require a statement in the notice of dishonour that the bill was presented at the place where payable. See form " G" and " H " in the first schedule to the Act.