A foreign bill of exchange that has been dishonored must be regularly protested as a preliminary to the sending out of the notice of dishonor; therefore its presentment must be made by one who is a notary public, as the certificate of the protest of the notary is recognized as satisfactory proof of the statements that the certificate should properly contain, and the act of the notary in so acting is universally recognized.24 Where a foreign note has been indorsed, the protest of the note by a notary is necessary, according to the weight of authority.25 An inland bill or note, unindorsed, need not be protested by a notary, but the statutes, however, permit the notary public to protest the inland bill and note, after the same fashion as in writing up his certificate of protest on a foreign bill. It is a common custom, therefore, of banks and other handlers of negotiable paper to employ a notary public as their agent to act in the particular of presenting negotiable paper and where it is dishonored of protesting and sending out the notice of dishonor to persons secondarily liable. The employment of a notary in such a case, while sanctioned, is not made necessary; it is done as a matter of convenience. Nor is it necessary that the notice of dishonor be sent out by the notary, although this is customarily a part of the duties of his office by the private arrangement of his employers.26 The notary's certificate contains his declaration in formal language, usually, and under a written copy of the note or bill in question stating that he has made presentment and demand of payment, and that the payment has been refused, together with the reasons for the refusal, time, and the fact that he therefore protests the paper. The notary then attaches his seal of office to the certificate of protest and signs the same. The main purpose served by the certificate is to afford to the holder the legal testimony on the facts properly contained therein, in an action on the paper against those secondarily liable.27

21 Merritt vs. Woodbury, 14 Iowa, 299.

22 Cook vs. Litchfield, 9 N. Y, 279. 23 Rasher vs. Kieran, 4 Camp., 87.

24 Halliday vs. McDougall, 20

Wend., 80. 25 Ticonic Bank vs. Stockpole, 41

Me., 302.

26 Bailey vs. Dozier, 6 How., 2. 27 Walker vs. Twiner, 2 Grat., 536.