made with a full knowledge of all the facts, is presumptive evidence of notice; but it is not sufficient to charge him, unless there has been in fact a legal protest.-Ib. 266.
- Sending notice of protest by mail; judi- cial notice of suspension of United States mails in Louisiana, in February, 1862.-When notice. of protest of a bill of exchange is sent through the post-office, as authorized by our statute (Rev. Code, § 1850), it must be by the mails regularly established by the laws of the United States, which are judicially known to have been suspended in Louisiana prior to the 1st Febru ary, 1862.-Donegan & Tabor v. Wood, 242.
- Notarial seal.-Authorities cited, which “seem to indicate that a legible seal is a neces- sary part of a notary’s certificate of protest and notice.”-Ib. 242.
- Time of presentment and protest; days of grace. A foreign bill of exchange, dated the 30th day of January, and payable twelve months after date, being entitled to days of grace, does not fall due until the 3d day of Feb- ruary and a demand and protest, made before that day are not sufficient to bind the indorser. -lb. 242.
- Protest, and notice to indorser.-To charge an indorser of a foreign bill of exchange, drawn in Huntsville, Aiabama. in May. 1860, or 1861, and payable in New Orleans, Louisiana, twelve or thirteen months after date, protest and no- tice thereof on the 20th February, 1866, is not sufficient. Turner’s Adm’r v. Patton, 406.
- Plea denying protest or notice. In an ac- tion on a foreign bill of exchange, by indorsee against indorser, the complaint being in the form prescribed in the Appendix to the Revis ed Code (p. 673), a plea which denies that the bill was duly protested, or that the defendant had notice thereof, is substantially good.–Don- egan & Tabor v. Wood, 242.
- Validity of bill of exchange drawn by par- ties in Mobile on parties in New Orleans, dur- ing interdict of commercial intercourse by Pres- ident’s proclamation. A bill of exchange, drawn by a banker in Mobile, Alabama, on a banker in New Orleans, Louisiana, in August, 1862 (when “commercial intercourse” between the people of those two cities was prohibited by the proclamation of President Lincoln), is void, although the payee resided in Mobile, and will not support an action against the drawer, in fa- vor of an indorsee who also resided there.- Tarleton v. Southern Bank of Ala., 229.
COURT OF RECORD. A court whose acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony; whose rolls are the records of the court. All courts of record are the king’s courts, and no other court hath authority to fine and imprison; so that the very erection of a new jurisdic. tion with the power of fine or imprison- ment makes it instantly a court of record. Such common law courts as are not courts of record are of inferior dignity, and in a less proper sense the king’s courts. And in these, the proceedings not being enrolled or recorded, as well their existence, as the truth of the matters therein contained, shall, if dis- puted, be tried and determined by a jury. A court not of record, says Blackstone, is the court of a private man, whom the law will not entrust with any discre tionary power over the fortune or liberty of his fellow-subjects. 3 Steph. Com.
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