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, i.e.t 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 rebutted. Constructive notice may be subdivided into: (a) Where there exists actual notice of matter,, to which equity has added constructive notice of facts, which an inquiry after such matter would have elicited; and (6) where there has 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 plea 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 communicate. Classification. Notice is actual or constructive. Actual notice is notice expressly and actually fiven, 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; Mor-ey v. Milliken, 86 Me. 464, 30 Atl. 102; McCray v. Clar, 82 Pa. 457; Brinkman v. Jones, 44 Wis. 498; White v. Fisher, 77 Ind. 65, 40 Am. Rep. 287; Clark v. Lambert, 55 W. Va. 512, 47 S. E. 312. Constructive notice is information or knowledge of a fact imputed by law to a person, (although he may not actually have it,) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it. Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984; Wells v. Sheerer, 78 Ala. 142; Jordan v. Pollock. 14 Ga. 145; Jackson v. Waldstein (Tex. Civ. App.) 27 S. W. 26; Acer v. Westcott, 46 N. Y. 384. 7 Am. Rep. 355. Further as to the distinction between actual and constructive notice, see Baltimore v. Whittington. 78 Md. 231, 27 Atl. 984: Thomas v. Flint, 123 Mich. 10, 81 N. W. 936, 47 L R. A. 499; Vaughn v. Tracy, 22 Mo. 420. Notice is also further classified as express or implied. Express notice embraces not only knowledge, but also that which is communicated by direct information, either written or oral, from those who are cognizant of the fact communicated. Baltimore v. Whittington, 78 Md 231, 27 Atl. 984. Implied notice is one of the varieties of actual notice (not constructive) and is distinguished from “express” actual notice. It is notice inferred or imputed to a party by reason of his knowledge of facts or circumstances collateral to the main fact, of such a character as to put him upon inquiry, and which, if the inquiry were followed up with due diligence, would lead him definitely to the knowledge of the main fact Khodes v. Outcalt, 48 Mo. 370; Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984; Wells v. Sheerer, 78 Ala. 147. Or as otherwise defined, implied notice may be said to exist where the fact in question lies open to the knowledge of the party, so that the exercise of reasonable observation and watchfulnss would not fail to apprise him of it, although no one has told him of it in so many words. See Philadelphia v. Smith (Pa.) 16 Atl 493. Other compound and descriptive terms, Judicial notice. The act by which a court, In conducting a trial, or framing its decision, will, of its own motion, and without the production of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy at bar, and which, from their nature, are not properly the subject of testimony, or which are universally regarded as established by common notoriety, c. g.y the laws of the state, international law, historical events, the constitution and course of nature, main geographical features, etc. North Hempstead v. Gregory, 53 App. Div. 350, 65 N. Y. Supp. 867; State v. Main, 69 Conn. 123, 37 Atl. 80, 36 I R. A. 623, 61 Am. St. Rep. 30. Legal notice. Such notice as is adequate in point of law; such notice as the law requires to be given for the specific purpose or in the particular case. See Sanborn v. Piper, 64 N. H. 335, 10 Atl. 6S0 ; People’s Bank v. Etting, 17 Phila. (Pa.) 235. Notice, averment of. In pleading. The allegation in a pleading that notice has been gtyen. Notice in lien of service. In lieu or personally serving a writ of summons (or other legal process.) in English practice, the court occasionally allows the plaintiff (or other party) to give notice in lieu of service, such notice being such as will in an probability reach the party. This notice is peculiarly appropriate in the case of a foreigner out of the jurisdiction, whom it is desired to serve with a writ of summons. Sweet-Notice of notion. 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 notice of the action some time before. Notice of appearance. See APPEARANCE. Notice of dishonor. See DISHONOR. Notice of lis pendens. See Lis PENDENS. Notice of protest. See PROTEST. 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 the time when judgment is entered. The time allowed for taking an appeal runs from such notice. Notice of motion. A notice in writing, entitled in a cause, stating that, on a certain day designated, a motion will be made to the court for the purpose or object stated. Field 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 or 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 document, in order to save the expense of proving it at the trial; and the party refusing to admit must bear the costs of proving it unless 2 NOTIO the judge certifies that the refusal to admit was reasonable. No costs of proving a document will in general be allowed, unless such a notice is given. Rules of Court xxxii. 2; Sweet. Notice to plead. This is a notice which, in the practice of some states, is prerequisite to the taking judgment by default. It proceeds from the plaintiff, and warns the defendant that he must plead to the declaration or complaint within a prescribed time. Notice to produce. In practice. A notice in writing, given in an action at law, requiring the opposite party to produce a certain described paper or document at the trial. Chit. Archb. Pr. 230; 3 Chit Gen. Pr. 834. Notice to quit. A written notice given by a landlord to his tenant stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance. The term is also sometimes applied to a written notice given by the tenant to the landlord, to the effect that he intends to quit the demised premises and deliver possession of the same on a day named. Garner v. Hannah, 6 Duer (N. Y.) 270; Oakes v. Munroe. 8 Cush. (Mass.) 287. Personal notice. Communication of notice orally or in writing (according to the circumstances) directly to the person affected or to be charged, as distinguished from constructive or implied notice, and also from notice imputed to him because given to his agent or representative. See Loeb v. Huddleston, 105 Ala. 257, 16 South. 714; Pearson v. Lovejoy, 53 Barb. (N. Y.) 407. Presumptive Notice. Implied actual notice. The difference between a presumptive” and “constructive” notice is that the former is an inference of fact which is capable of being explained or contradicted, while the latter is a conclusion of law which cannot be contradicted. Brown v. Baldwin, 121 Mo. lOtt. 25 S. W. 858; Drey v. Doyle, 99 Mo. 459, 12 S. W. 287; Brush v. Ware, 15 Pet 98, 10 L. Ed. 672. Public Notice. Notice given to the public generally, or to the entire community, or to all whom it may concern. See Pennsylvania Training School v. Independent Mut F. Ins. Co., 127 Pa. 559, 18 Atl. 392. Reasonable Notice. Such notice or information of a fact as may fairly and properly be expected or required in the particular circumstances. Sterling Mfg. Co. v. Hough, 49 Neb. 618, 68 N. W. 1019; Mallory v. Leiby, 1 Kan. 102.