The certificate should be made by a notaryl or by some one who has notarial powers; it may be a justice of the peace,2 or, where there is no notary, by a private person in the presence of witnesses.3 The certificate need not be under seal4 unless the statute require it.5 It need not be under oath unless the statute so provide.8 In some jurisdictions it must be witnessed,7 but the witnesses need not be present at the act of protest.8 The notices need not be actually annexed to the certificate by the notary.9 The certificate may be drawn up in due course of business,10 some authorities requiring it to be done on the same day.11 A second certificate may be made if the first is lost.12 The original protest may be issued. The certificate need not appear to be a transcript from some record,13 unless the statute require a record.

4See Sec. 307, post

5Lionberger v. Meyer, 12 Mo. App. 575; Fulton v. Maccracken, 18 MA 528; Collins v. Bank, 4 Baxt. 422.

1 See Sec. Sec. 247, 278, ante, as to the notary's deputy or clerk.

2 Austin v. Miller, 5 McLean, 153.

3 See Sec. 246, ante.

4 Lambeth v. Caldwell, 1 Rob. (La.) 61; Bank of Kentucky v. Purs-ley, 3 T. B. Mod. 238; Second Nat. Bank v. Chancellor, 9 W. Va. 69. See Morris v. Foreman, 1 Dall. 193.

5 Rindskoff v. Malone, 9 Iowa, 540. A statute may require the certificate to be verified. See Dorsey v. Merritt, 6 How. (Miss.) 390; Faulkner v. Faulkner, 73 Mo. 327.

6 See last two cases cited.

7 Allain v. Whitaker, 5 Mart. (N. S.) 511; Gale v. Kemper, 10 La. 205.

8 Bradford v. Cooper, 1 La. Ann. 325, and cases in last case of last note cited.

9 Jones v. Berry hill, 25 Iowa, 289; Barstow v. Hiriart, 6 La. Ann. 98. See Jordan v. Long, 109 Ala. 414. and Winchester v. "Winchester. 4 Humph. 51.

10 Bailey v. Dozier, 6 How. 23; Chatam Bank v. Allison, 15 Iowa, 357.

11 Aiken v. Cathcart, 2 Spears, 642; Commercial Bank v. Barksdale, 36 Mo. 563.

12 Killam v. McKoon, 31 Hun, 519. 13Starr v. Sandford, 45 Pa. 193.