Bills of Exchange

In English law, Bills of Exchange and Shipping (Marine) Protests are distinct legal concepts, although both historically involve notarial practice.

1. Bills of Exchange

The principal legislation is the Bills of Exchange Act 1882, which codifies the law relating to:

• Bills of exchange
• Cheques
• Promissory notes

A bill of exchange is essentially an unconditional written order by one person (the drawer) directing another person (the drawee) to pay a specified sum to a third person (the payee) or bearer.  

Key features include:

• Negotiability by endorsement and delivery.
• Rights of a “holder in due course” who may obtain good title despite defects in previous ownership.
• Rules governing acceptance, presentment, dishonour, and liability of parties.

Protest of a Bill

Under section 51 of the Act:

• An inland bill dishonoured for non-payment or non-acceptance may be noted or protested, but protest is generally not required.
• A foreign bill that is dishonoured must generally be formally protested by a notary; otherwise, the drawer and endorsers may be discharged from liability.

A protest records the dishonour and must state matters such as:

• The date and place,
• The demand made,
• The response received,
• The reason for protest.

2. Shipping (Marine) Protests

A shipping protest (often called a marine protest) is a declaration made by a ship’s master before a Notary Public after encountering extraordinary events at sea, such as:

• Severe weather,
• Heavy seas,
• Grounding,
• Collision,
• Cargo damage risks,
• Other incidents beyond the master’s control.

The purpose is to create contemporaneous evidence that:

• The vessel was properly navigated and managed.
• Any loss or damage may have resulted from perils of the sea rather than negligence.
• The shipowner’s legal rights and defences are preserved.

Marine protests are not governed by a single comprehensive English statute in the same manner as Bills of Exchange are. Instead, they arise from long-established maritime and admiralty practice and are used as evidence in cargo, insurance, and maritime disputes.

Procedure

Typically:

1. The master attends before a Notary Public shortly after arrival at port.
2. A written declaration is sworn describing the voyage and the events encountered.
3. If damage is later discovered, the protest may be “extended” with further details.

Legal Effect

A marine protest is not conclusive proof of the facts stated. It is evidential only. Courts, insurers, and cargo interests will consider it alongside:

• Logbooks,
• Weather records,
• Survey reports,
• Witness Statements.

From the perspective of a Notary Public in England and Wales, both bill protests and marine protests are specialised notarial acts, though marine protests remain the more common of the two in modern practice.

The Role of the Notary Public 

 A Notary Public acts as an independent public officer who:

• Verifies the identity and authority of the person appearing before them.
• Receives and records formal declarations.
• Authenticates documents for evidential use.
• Issues notarial certificates and maintains a protocol (official record).

In England and Wales, a Notary Public is regulated by the Master of the Court of Faculties of the Archbishop of Canterbury.

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