Page:Black's Law Dictionary (Second Edition).djvu/968

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PROTECTORATE

quent estate, the consent of the protector be lng made necessary for that purpose.

PROTECTORATE. (1) The period during which Oliver Cromwell ruled in England. (2) Also the office of protector. (3) The reiiition of the English sovereign, till the year 1S64, to the Ionian Islands. Wharton.

PROTEST. 1. A formal declaration made by a person interested or concerned in some act about to be done, or alrezidy performed, and in relation thereto, whereby he expresses his dissent or iliszipprovai, or af~ firms the act to be done against his will or cunriciiims, the object being generally to sue some right which vioiild be inst to him if his implied assent could be made out, or to exonerate himself from some responslbii- ity which would attach to him unless he ex» pi-essly negzatived his assent to or voluntary participation in the act.

2. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bill or note. in which such bill or note is described, and it is declared that the same was on I! certain day presented for payment, (or acceptance, as the case may be.) and that such payment or acceptance was refused, and stating the reasons, if any. given for such refusal, whereupon the notary protests iigninst all parties to such instrument, and declares that they will he held responsiliie for all loss or diiinage arising from its dis- honor. See Annvilie Nat Brink v. Kettering. 106 Pa. 531. 51 Am. Rep. 36: Avrault v. Pacific Bank, 47 N. Y. 575. 7 Am. Rep. 489.

A formal notarial certificate flt|Iv~filJ.',' the dia- honor of a bill of exchange or promissory note. Benj. Chaim. Bills & N art. 176.

A solemn declaration written by the no , under a fair copy of the bill. stating that the payment or acceptance has been demanded and re , the reason, if any, assigned, and that the bill is therefore protested ilennistoiin v. Stewart. 17 How. 607. 15 L. Ed. 228.

“P ' in a technical sense, means only the formal declaration drawn up and signed by vet, as used by commercial men, the word includes all the steps necessary to clinrge an iniioiser Townsend v. Lortiin Bank. 2 Ohio St. 345.

3. A formal declaration mads by a minority (or by certain individuals) in a legielatire body that they dissent from some act or resolution of the body. usually adding the g-ronnds of their dissent. The term. in this sense, seems to be particularly appropriate to such a proceeding in the English house of lords. See Auditor General v. Board of Sup'rs. 89 Mich. 552, 51 N. W. 483.

4. The name “protest” is also given to the formal statement, usually in writing, made by a person who is called upon by pub- iic authority to pay a sum of money, in wbich he declares that he does not concede the legality or justice of the claim or his duty to pay it, or that he disputes the

960

PROTESTATION


amount demanded; the object being to 3 his right to recover or reclaim the limo which rigiit would be lost by his iic cence. Thus, tates may be ‘paid under test." See Meyer v. Clark, 2 Duly (N. 509.

5. “Protest” is also the name of a served on a collector of customs by on porter of merchandise, stating that be lieves the snm charged as duty to be e ive, and that, although he pays such for the purpose of getting his goods out the custoin~house, he reserves the right bring an action against the collector to cover the excess.

6. in maritime law. a protest is a wri statement by the master of a vessel. at ed by a proper ju(li<_i-al ol'ii(‘ci' or a notary, the effect that damage sulIei-cd by the s on her voyage was caused by stornn or o perils of the sea, wltliout any negligence misconduct on his own part. Marsh. i 715. And see Oudworth v. South Carolin ins. Co.. 4 Rich. Law (S. C.) 416, 55 Dec. 692.

—Notice of protest. A notice given by the hoider of a bill or note to the drawer or lndorser that the bill has been protested for refi payment or ucccptance (‘onk v. Litcbfiel . N. Y. Leg. . 38 ; First Nat Bani: v. Hatch, 78 lilo. 23: Roberts v. State Bank, 9 Port. (Aim) 815.—Snpi-a protest. In [IE4 ciintile law. A term applied to an accepla of 11 bill by a third person, after protest nnsucptance by the drawee. 3 Kent, 00 Waiver of protest. As applied to a %

iii, a waiver of protest implies not only pausing with the formal act known as "protest," but also with that which ordinariiy must precede it, viz., demand and notice of non-par ment. See Bal(er_ v. Scott, 2‘) Kim. I36, 4 Am. Rep. 628;

110 Pa. 196, 2 All. 271; 1 N. Y. 186.

Bank v. liartiniin. Coddington v. Davis.

PROTESTANDO. L. Lat. Protesting. The emphatic word formerly used in pleading by way of protestation. 3 Bl. Comm. 311. See Pao'rr.s'ta'r1on.

PEOTESTANTS. Those who adhered to the doctrine of Luther; so called because, to 1529, they protested against a decree of the emperor Charles v, and of the diet of Spires, nnd declared that they appealed to a general council. The name is now applied ind'iscrlin~ inately to all the sects, or whatever de~ nomination, who have seceded from the Church of Rome. Enc. Loud. See Hale v. Everett, 53‘ N. H. 9. 16 Am. Rep. 82: Appeal of Tappan, 52 Conn. 413.

PROTESTATION. In plesiling. 'Die indirect atlirrrmtion or denial of the truth of some matter which cannot with propriety or safety be positively affirmed. denied, or entirely passed over. See 3 Bl. Comm. 311. The exciusion of a conclusion. Co. Litt 124.

In practice. An asseveriition made by

taking God to witness. A protestatiou is a