Page:Black's Law Dictionary (Second Edition).djvu/839

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


dictated to him by another; one who prepared draughts of wills, conveyances, etc.

In old English law. A scribe or scrive- ner who made short draughts of writings and other instriimeuts; a notary. Cowell.

NOTARY PUBLIO. A. public officer whose function is to attest and certify, by his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgments of deeds and other convey- ances, and certify the same: and to perform certain omcial acts, chiefly in commercial matters, such as the protesting of notes and bills, the noting of foreign drafm, and marine protests in cases of loss or dumage. See Kirk- sey v. Bates, 7 Port. (A1a.) 531, 31 Am. Dec. 122; First Nat. Bank v. German Bank, 107 Iowa, 5-13, 78 N. W. 195, 44 L. R. A. 135, 10 Am. St. Rep. 216; In re Huron. 58 Kan. 152, 48 PM‘. 574, 36 L. R. A. 822, 62 Am. St. Rep. 614; Bettman v. Warwick, 108 Fed. 46, -17 G. C. A. 185.

NOTATION. in English probate practice, notation is me act of making a memo- randum of some special circumstance on a probate or letters of administration. Thus, where a grant is made for the whole personal estate of the deceased within the United Kingdom, which can only be done in the case or a person dying domiciled in England, the fact of his having been so domiciled is noted on the grant. Coote. Prob. Pr. 36; Sweet.

NOTE, 1;. To make a brief written state ment; to enter a memorandum; as to note an exception.

—Note a. bill. When a foreign bill has been dishonored, it is usuai for a notary public to present it again on the same day, and, if it he not then paid, to make a minute, consisting of his initiais, the day, month, and year, and rea- son, if assigned, of non-payment. The maki of this minute is called "noting the bill.‘ Wharton.

NOTE, 1». An abstract, a memorandum; an informal statement in writing. Also a negotiable promissory note See Honour NOTE; Norms; JUDGLLENT Nora: Pl‘iOMI§S0- or NOTE: SoLn Nora.

—-Note of in fine. In old conveyancing. One of the parts of a due of lands, being an abstract of the writ of covenant, and the concord: naming the parties, the parcels of land, and the agreement. 2 B. .omI:n. "' .—Note of allowance. In English practice. This was a note delivered by a master to a party to a cause, who aiiogod that there was error in iaw in the record and proceedings. ailowing him to bring erroi'.—Note of and. A popular name for a promi sory note. Perry v. Maxwell, 17 N. C. 4'16: Hopkins v. Holt. 9 Vliis. 230.- Note of protest. A memorandum of the fact of protest, indorsed by the notary upon the bill. at the time. to be afterwards written out at lengtb.—Note or memorandum. The statute of frauds requires a “note or memorandum" of the particular transaction to be made in writing and signed, etc. By this is generally un-



derstood an informal minute or memorandum made on the spot. See Clzison v. Bailey, 14 Johns. (N. Y.) 492.

NOTES. In practice. Memoranda made by a judge on a trial, as to the evidence adduced, and the points reserved. etc. A copy of the judge's notes may be obtained from his clerk.

NOT]-IUS. Lat. In Roman law. A natural child or a. person of spurious birth.

NOTICE. Knowledge; information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge Used in this sense in such phrases as "A. had notice of the conversion,” “a purchaser without notice of fraud," etc.

Notice is either (1) statutory, 9'. 2.. made so by legislative enactment; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebntted. Constructive notice may be subdivided into: (:1) Where there exists actual notice of matter, to whkh equity has added constructive notice of facts, which an inquiry after such matter would have elicited; and (b) where there bas been a designed abstinence from inquiry for the very purpose of escaping notice. Wharton.

In another sense, "notice" means information of an act to be done or required to be done; as of a motion to be made. a trial to be had, a plei or answer to be put in, costs to be taxed, etc. In this sense, "notice" means an advice, or written warning, in more or less formal shape, intended to apprise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to com- munlcate.

Classification. Notice is actual or constructive. Actual notice is notice expressly and actually given, and brought home to the party directly in distinction from notice inferred or imputed by the law on acount of the existence of means of knowledge. Jordan v. Pollock, 14 Ga. 145; Johnson v. Dooly, 72 Ga. 297: Morey v. Miliiken. 86 Me. 464. 30 Ati. 102; Mo- Cray v. Giar, 89. Pa. 457; Brinkmnn v. Jones, 44 Wis. 4‘) White v. Fisher. 77 Ind. 65, 40 Am. Rep. 28 : Clark v. Lambert, 55 W. Va. 512, 47 S. E. 312. Constructive notice is in- formation or knowledge of a fact imputed by law to a person, (aitbough be may not actuaily have it,) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the dntv of inquiring into it. Baltimore v. W'hitlingtn Md .1, 27 Atl. 984: Weiis v. Sbeeier. Jordan v. Pollock. 14 Ga. 145 Waidstein (Tex. Civ. App.) 27 S Vt _ v. Westcott, 46 N. Y. .384, 7 Am. Iie .

and constructive notice. see Baltimore 5‘. Whittington, T8 Md. 231. 27 At]. 994: Tili\mflS v. Flint. 123 Mich. 10. 81 N. W’. 936, 47 L. R. A. 499; Vaughn v. Tracy, 22 M0. 420. Notice is also further classified as wan-ass or implied. Express notice embraces not only

knowledge, but also that which is communicated