John McLean

“ On the trial the plaintiffs offered the deposition of H. B. Cenas, a notary public at New Orleans, to prove a copy of the protest, which was objected to by the defendant; but the court admitted the evidence, and this constitutes the first exception. ”

“ A protest is, properly speaking, a solemn declaration on behalf of the holder against any loss to be sustained by non-acceptance or non-payment (Story, Bills, § 276, p. 301) , must be in writing, signed, and sealed by the notary (Chit., Bills, 490, 642) , and annexed to the bill itself, if it can be obtained or otherwise a copy (Chit., Bills, 362) , with all the indorsements transcribed verbatim, with the reasons given by the party why he does not honor the bill ”

“ The Mechanics' Bank of Alexandria, 1 Pet., 46, the court held, that when the defendants sever in the pleadings, a nolle prosequi ought to be allowed against one defendant,' that 'it is a practice which violates no rules of pleading, and will generally subserve the public convenience. ”

“ Stanton contended that the proof offered was sufficient; that the object of a protest was accomplished in giving the indorser notice; that certified copies of a protest were generally admissible; that a notary cannot serve the original protest upon each one of the indorsers; that the absence of the original at the trial was sufficiently accounted for by its being on file in the notary's office, and cited Story, Bills, 301, 304 ”

“ I further certify, that I am not of counsel or attorney to either of the parties in said deposition and caption named, or in any way interested in the event of the said civil cause named in the caption.
In testimony whereof, I have hereunto set my hand and seal, the words 'are plaintiffs' being first interlined on page 1, ante.
M. M. COHEN, [L. S.]
U.S.C.ommissioner Circuit and District Court United States for the Ninth Circuit and Eastern District of Louisiana.
Paid by plaintiffs. ”

“ I, the undersigned notary, do hereby certify that the parties to the draft, whereof a true copy is embodied in the accompanying act of protest, have been duly notified of the protest thereof by letters to them by me written and addressed, dated on the day of said protest, and served on them respectively this day, in the manner following, viz. by depositing those for the drawers and first indorsers in the post office in this city on the same day as this protest, directed to them respectively as follows:-that for the drawers, to them at Locopolis, Miss. ”