Any bill which on its face appears to be a foreign bill must be protested for non-acceptance or non-payment as the case may be, else the drawer and in-dorsers will be discharged. Inland bills and promissory notes do not need to be protested, yet often are, to furnish evidence of due presentment and giving notice of dishonor.
Protest is made when the officer or party entitled under the law to make protest, takes the instrument to the place where it may be under the law presented for acceptance or payment and there presents the instrument, and demands payment thereon. He then sets forth in writing the details of such presentment, and the demand and the refusal, giving the time and place of presentment, the fact of presentment, and the manner thereof, the cause or reason for protesting the bill, the demand made and the answer given, if any, or the fact that the party sought could not be found. Such protest must be under the hand and seal of the notary making it, if it is made by a notary, as is usual.
Protest may be made by a notary public; or by any respectable resident of the place where the bill Is dishonored in the presence of two or more credible witnesses.
43. Uniform Negotiable Instruments Act, Sees. 152-160.
Protest is almost universally made by a notary public. The other provision is made in case a notary is unavailable. Such notary must make the protest in person.
The protest must be made at the time, in the place and in the manner set forth by the law.
The details of making protest are set out fully in Appendix A, in sections 153 to 156 and are so complete as to require no comment.
Protest is dispensed with In any case which would dispense with notice of dishonor. So it may be waived in the same way that notice of dishonor may be waived.