Answer to It has not been the usage, nor do I consider it necessary, that prior to making a protest of a foreign bill either for non-acceptance or non-payment, the presentment to the drawee should be made by the notary in person; it has been and is the usual practice for the clerk of the notary to present the bill, and report to the notary the answer which he has received; upon which, the notary makes the notation on the bill. It would be impossible in London, or any other large town, for a notary in general practice, to present all bills which might daily come into his hands. 7th. Wm. Spurstow Answers of William Spurstow Miller, Esq. of Liverpool, Miller, Esq. Solicitor and Notary. Answer to Question 1st. Twenty-six years. 21st August, 1838. Answer to The usage and practice that have prevailed, during the period that I have been in business, have been invariably for the clerk of the notary to present the bill, and I never heard of any other usage or practice. 8th. George James Duncan, Esq. Answers of George James Duncan, Esq. of Liverpool, 1838. Answer to Yes. Answer to Question 2nd. Seventeen years as a principal, and seven as an apprentice. Not necessary to be presented by the notary himself. The universal usage, during my experience, has been for the clerk to present bills. Answers of John Whitley, Esq. of Liverpool, Solicitor and Notary. 15th November, 1838. Question 1st. Nineteen years as a notary, besides seven years previ- Answer to ously as an apprentice; making in the whole twenty-six years. Question 2nd. It has been the invariable practice (as far as I have had Answer to experience or information) for the presentment to be made by a clerk. 10th. Answers of William Wilson, Esq. of Liverpool, Manager of Wm. Wilson, the Liverpool Banking Company. Esq. 5th October, 1838. 1st. I have been engaged in mercantile business upwards Answer to of thirty years, and as a banker upwards of two years, during all which I have been conversant in the usages, relating to bills of exchange in England. Question 1st. 2nd. As far as my experience goes, it has always been Answer to Question 2nd. considered sufficient that the notary's clerk should present a foreign bill of exchange to the drawee; and upon refusal to accept, or upon dishonour, the protest is then made out in the usual form. 11th. Answers of Thomas Orford, Esq. of Liverpool, Merchant. Thos. Orford, Esq. 10th October, 1838. Question 1st. 1st. I have been a merchant twenty-four years, and con- Answer to sider that I have had some experience as to protesting bills, &c. Answer to 2nd. In presenting bills for acceptance or payment, Question 2nd. Observations previous to protesting them, the practice is not uniform; I and Opinions. have known them presented by a notary himself, as well as his clerk, and I have always understood that the evidence of either was sufficient, to prove the presentation of the bill. 12th. C. Frost, Esq. Answer to Answer to 13th. Answers of Charles Frost, Esq. of Hull, Solicitor and 7th September, 1838. My answer to the 1st is, that I have been in practice as a solicitor and notary, for thirty years. To the 2nd. I may say, that in my office, presentment has generally been made by a clerk, and only occasionally by myself; and I entertain no doubt of the sufficiency of the presentment by a clerk, notwithstanding the doubt apparently raised upon the point by Buller J. in Leftley.v. Mills. It would, of course, be impossible for the London notaries to make all their presentments in person. Richard Brick- Answers of Richard Brickdale Ward, Esq. of Bristol, dale Ward, Esq. Solicitor and Notary. Answer to Answer to 20th August, 1838. 1st. I was admitted an attorney of the Court of King's Bench on the 26th June, 1798. My notarial faculty is dated the 29th of the same month; and I have practised since that time to the present. During my apprenticeship, I always presented the bills as a clerk for Messrs. Dicks; and, during the period of my practice, I have always employed a clerk to present bills, both for acceptance and payment, and have protested them on his report of the answer given. Answers of Brooke Smith, Esq. of Bristol, Solicitor and Notary. 17th August, 1838. 14th. Brooke Smith, 1st. Twelve years; my father near thirty years before I Answer to Question 1st. commenced practice; he is now dead. 2nd. The bills are usually presented by a notary's clerk. Answer to Question 2nd. 15th. Answers of Joseph Denison, Esq. of Manchester, Solicitor J. Denison, Esq. and Notary. 23rd August, 1838. About twenty-eight years. Answer to During all my experience, the practice has been for Answer to the notary's clerk to present the bill, which I consider sufficient. Question 2nd. 16th. Answers of John Sansum, Esq. of Harwich, Solicitor and John Sansum, Esq. Notary. 16th August, 1838. Question 1st. 1st. I have been an attorney forty years, and a notary Answer to thirty-two; but my notarial practice has been chiefly in protests and shipping documents, and very little indeed, if any, in bills of exchange, respecting which, therefore, I can profess but very small, scarcely any, experience. 2nd. The usage and practice, so far as I have known, Answer to Question 2nd have been for either the notary or his clerk to present the bill for acceptance, prior to protesting it; and to leave a short notice of the bill, and where lying for acceptance, at the drawee's house or place of business, in his absence. 17th. L. Willan, Esq. Answer to Answer to Answers of Leonard Willan, Esq. of Lancaster, Solicitor and Notary. Since 1816; twenty-two years. 14th August, 1838. In my experience, it has not been the practice for the notary to go in person with a bill for presentment, unless it suited his convenience so to do. A clerk is usually sent. 18th. Geo. Lamburn Answers of George Lamburn Greetham, Esq. of Portsmouth, Greetham, Esq. Answer to Question 1st. Solicitor and Notary. November, 1838. I have been a notary public upwards of twenty years. It has been usual to have the previous presentment made by a clerk, and not by the notary in person; and such has been the more general practice at this place. 19th. Thos. Heather, Answers of Thomas Heather, Esq. of Portsmouth, Notary. Esq. Answer to Answer to Question 2nd. Upwards of forty-four years. October, 1838. I never deemed it necessary to present foreign bills of exchange, either for acceptance or payment, to the drawee, personally; according to my practice for the long period above mentioned, I have considered it sufficient, for my regularly-articled clerk to present the bill to the drawee, which practice I have always understood prevailed in London. |