Page:Black's Law Dictionary (Second Edition).djvu/840

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NOTICE

by direct information, either written or oral, from those who are cognizant of the fact coni- niunicated. Baltimore v. Whittington. 78 Md. 231, 27 Ati. 984. Implied notice is one of the uirictics of actual notice (not constructive) and is distinguished from “express" actual notice. It is notice inferred or imputed to a party by I'D'l.S0l.l of his knowledge of facts or circuinst inces collateral to the main fact, of such a character as to put him upon Inquiry, and which, if the inquiry “ere followed up with due diligence, would lead bim definitely to the knowledge of the main fact. llhmies v Outc-ilt, 48 Mo. 370; Baltimore v. “’hittiiigton. 78 Md. 23], 27 Ati. 9-54: “'eiis v. _‘ ia 147. Or as otherwise defined, impiicd notice may be said to_ exist where the fact in question lies open to the knowledge of the party, so tbat the exercise of reasonable obseriation and walchfuinss would not fail to apprise him of it, although no one has told him of it in so many Xolrdsg See Philadelphia v. Smith (Pa.) 16 I . .

Other compound and descriptive tor-ms. —Jn(1icial notice. The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the pro— dnctiun of evidence, recognize the existence and truth of certain facts, having a bearing on the Lontrovcrsy at bar, and which, from their nature, are not properly the snhject of testimonfir, or which are universally regarded as establis - ed by common notoriety, e. g., the laws of the state, international law, historical events, the constitution and course of nature, ui-iin geographical features. etc. North Ileinpstead v. Grcgory, 53 App. Div. 350, (35 N. Y. Supp 807; State v. Main, 69 Conn. 123, 37 At]. 80, 36 L. R. A. 633. 61 Am. St Rep. 30.—Legal notice. Such notice as is adequate in point of iaw; such notice as the law. requires to be given for the specific purpose or in he particular case. See Snnborn v. Pipcr, 6-1 N. H. ."-35, 10 Ati. ' People's Bank v. hitting. 17 I‘biia. (Pa.) - -—Notioe, nvernient of. In pleading. The allegation In a pleading that notice has been given.—NotIoe in lieu of service. In lieu of personally sewing a writ of summons (or other legal proccss,) in English practice, the court occasionally allows the plaintiff (or other party) to give notice in lieu of service. such notice being such as “iii in all probability reach the parly. This notice is pecuiiariy appropriate in the case ota foreigner out of the jurisdiction, whom it is desired to serve with H, writ of sum- mons. Sweet.—1\lotice of action. When it is intended to sue certain particular individuals, as In the case of actions against justices of the peace. it is necessary in some jurisdictions to give them nntiue of the action some time before. —Notice of appearance. See APPEARANCE. -—Notice of dishonor. See DISHONOR —No- (ties at lis pendens. Sec Lis Pawns Notice of protest. See PRD'I'EST.—'Notice of judgment. It is required by statute in several of the states that the party for whom the verdict in an action has been given shall serve upon the other party or his attorney a written notice of s time when judgment is entered The time ulioned for taking an appeal runs from such noI:ice.—Notice of motion. tics in writing. entitled in a cause, stating that, on 21 certain day designated, a motion will be made to the court for the purpose or object st'Ilod. Fieid v. Park, 20 Johns. (N. Y.) 140. —Notice of trial. A notice given by one of the parties in an action to the other. after an issue has been reached. that he intends to bring the cause forward for trial at the next term of the court.——Notice to admit. In the practice of the English high court. either party to an action may call on the other party by notice to admit the existence and execution of any docuinent, in order to save the expense oI'_ proving it at the trial; and the party refusing to admit must hear the costs of proving it unless

I’)


NOTIO

the judge certifies that the refusal to ad reasonable. No costs of proving a d n

' general be allowed. nnle

gi en. Rules of Court. x. 2; Sweet. ties to plead. This is a notice wh pm ‘ice of some stat . is prereq taking judgment by def uit.

the plaintiff, and warns the daienilant t . must plead to the declaration or complaint in a prescribed tim —Notice to producu practice. A noti in wiilin . ' tion at law, i_-equirm" the oppemie pm-tv

former desires to repossess himself ' , and that the latter is

if the tenancy is at will or by suifernnc term is also sometimes applied to a writ :. tioe given by the tenant to the landinrd. to eifect that he intends to quit the deniied . , V. ises and deliver possession of the same on named. Gamer v. Hannah, 6 Duer (N. Y.) E ‘ Oakes v. Munroe, 8 Gus Muss? P sons] notice. Cnmmuni ation o

iy or in Writing (according to the circuni ces) directly to the person afifcctcd or to charged, as distinguished from constructifl implied notice, and also from notice imwmfl " him because given to his agent or repn I '3 ' . See Loeb v. Huddiestsn. ‘I05 I 16 South. 71 ' (N. Y) 40


Pearson v. Love]

. Presumptive notice. actual notice. The dilIcrcnce betwcen sumptive” and “constrnctive" notice is that former is an inference of fact whicb is can of being explained or contradicted, while inttcr is a conclusion of law which cannot contradicted Brown v. Baldwin. I21 Mn 1 25 S. W. 838: Drey v. Doyle. 99 Mo. 4.) .. S. W. 281: Brush v. Ware, 15 Pet. 98, 10 L. Ed. 6'i'2.—Pnb1ic notice. Notice given to the public generally, or to the entire commuuitfi


or to all whom it may concern. See Penn vnnia Training School v. Independent Milt. Ins. Co., 127 Pa. 559, 18 Ati. 3.‘lZ.—Reasons.h1e notice. Such notice or information of I fact as may fairly and properly be expected or required in the particular circumstances. Still‘- iing MEI. Co. v. Houzh, 49 Neb. 618, 68 N. W. 1019: Mallory v. Leiby, 1 Kan. 102.


NOTIFY. In legal proceedings, and in respect to public matters. this word is gnu- erally, if not universally. used as Importing a notice gircn by some person, Whose duty it was to give it, In some nianner prescribed, and to some person entitled to receive it, or be notified. Appeal of Pctulne, 31 Conn. 384.

NOTING. As soon as a notary has made presentment and demand of a bill of ex- change, or at some seasonabie hour at tbs same day, he makes a minute on the hill, or on a ticket attached thereto, or In his book of registry, consisting of his initials, the month, day, and year, the refusal or accept- ance or payment, the reason, If any, assigned for such refusal, and his charges of protest This is the preliminary step towards the protest, and is called “noting." 2 Daniel, Neg. Inst. I 939.

NOTIO. Lat. In the civil law. The

power of hearing and trying a matter 0.’