“This was an action on the case, The declaration contains a great number of counts; but the only two which it is necessary to notice are founded, 1. Upon a bill of exchange drawn by the defendant at New Orleans for $600, upon James Brown & Co. of Philadelphia, in favour of the plaintiff, in the year 1806; and 2. On a promise made by the defendant to the plaintiff in the year 1809; that if the plaintiff would indulge him he would pay the bill, if he should ever be able to do so, with an averment that he did indulge the defendant, and that he was able to pay. Plea, non assumpsit. After proving the hand writing of the defendant, the plaintiff offered in evidence the protest made by a notary public in this city, stating, that he had presented the bill for acceptance, which was refused. This was objected to by the defendant’s counsel, on the ground that this was an inland bill, which did not require to be protested; and consequently it could not be read to prove that acceptance had been demanded and refused; the protest not being an official act. Those facts, then, should be proved on oath in the ordinary way.”