Protest, a solemn declaration of opinion, generally of dissent. Each peer has a right, when he disapproves of the vote of the majority of the House of Lords, to enter his dissent on the Journals of the House, with his reasons for such dissent, which is usually styled his protest.
Also a notification written by a notary upon a foreign bill of exchange of non-acceptance or non-payment; as to this, see Bills of Exchange Act, 1882, s. 51, by which a foreign bill, dishonoured by non-acceptance or non-payment, must be duly protested, otherwise the drawer and indorsers are discharged. All protests made in England must, by the (English) Stamp Act, 1891 (see schedule), be stamped, otherwise they cannot be given in evidence without payment of a penalty.
The following is a form of protest for non-payment:-
On the .......... day of .........., at the request of A.B., bearer of the original bill of exchange, whereof a true copy is on the other side written, I [notary's name], of [address], notary public, by lawful authority duly admitted and sworn, did exhibit the said bill.
[Here the presentment is stated, and to whom made, and the reason, if assigned, for non-payment.]
'Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do solemnly protest as well against the drawer, acceptor, and indorsers of the said bill of exchange, as against all others whom it may concern, for exchange, re-exchange, and all costs, charges, damages, and interests suffered and to be suffered for want of payment of the said original bill. Thus done and protested in the presence of E.F. and G.N., witnesses.'
Which I attest
[signature],
Notary public of
There may be a protest by a householder when the services of a notary cannot be obtained.
[Here is set out an exact copy of the bill with all indorsements.]
Also, a writing attested by a justice of the peace or consul, drawn up by a master of a ship, stating the circumstances under which an injury has happened to the ship, or to the cargo, or other circumstances calculated to affect the liability of the shipowner or the charterer, etc.
Also, an objection made to a proceeding in which the person protesting is by force of circumstances obliged to take part against his will, see Voinet v. Barrett, (1885) 55 LJ 39, and DURESS.
Upon a payment under protest or under duress of more than is legally due, the excess can be recovered [see Baxendale v. London and South Western Ry. Co., (1866) LR 1 Exch 137; CARRIERS].