|n.||1.||The act of noting, remarking, or observing; observation by the senses or intellect; cognizance; note.|
|2.||Intelligence, by whatever means communicated; knowledge given or received; means of knowledge; express notification; announcement; warning.|
|3.||An announcement, often accompanied by comments or remarks; |
|4.||A writing communicating information or warning.|
|5.||Attention; respectful treatment; civility.|
|v. t.||1.||To observe; to see; to mark; to take note of; to heed; to pay attention to.|
|2.||To show that one has observed; to take public note of; remark upon; to make comments on; to refer to; |
|3.||To treat with attention and civility; |
|Noun||1.||notice - an announcement containing information about a future event; "you didn't give me enough notice"|
|2.||notice - the act of noticing or paying attention; "he escaped the notice of the police"|
|3.||notice - a request for payment; "the notification stated the grace period and the penalties for defaulting"|
|4.||notice - advance notification (usually written) of the intention to withdraw from an arrangement or contract; "we received a notice to vacate the premises"; "he gave notice two months before he moved"|
|5.||notice - a sign posted in a public place as an advertisement; "a poster advertised the coming attractions"|
|6.||notice - polite or favorable attention; "his hard work soon attracted the teacher's notice"|
|7.||notice - a short critical review; "the play received good notices"|
|Verb||1.||notice - discover or determine the existence, presence, or fact of; "She detected high levels of lead in her drinking water"; "We found traces of lead in the paint"|
|2.||notice - notice or perceive; "She noted that someone was following her"; "mark my words"|
ignore - fail to notice
|3.||notice - make or write a comment on; "he commented the paper of his colleague"|
|4.||notice - express recognition of the presence or existence of, or acquaintance with; "He never acknowledges his colleagues when they run into him in the hallway"; "She acknowledged his complement with a smile"; "it is important to acknowledge the work of others in one's own writing"|
NOTICE. The information given of some act done, or the interpellation by
which some act is required to be done. It also signifies, simply, knowledge;
as A had notice that B was a slave. 5 How. S. C. Rep. 216; 7 Penn. Law
2. Notices should always be in writing; they should state, in precise terms, their object, and be signed by the proper person, or his authorized agent, be dated, and addressed to the person to be affected by them.
3. Notices are actual, as when they are directly given to the party to be affected by them; or constructive, as when the party by any circumstance whatever, is put upon inquiry, which amounts in judgment of law to notice, provided the, inquiry becomes a duty. Vide 2 Pow. Mortg. 561 to 662; 2 Stark. Ev. 987; 1 Phil. Ev. Index, b. t.; 1 Vern. 364, n.; 4 Kent, Com. 172; 16 Vin. Ab. 2; 2 Supp. to Ves. jr. 250; Grah. Pr. Index, h.t.; Chit. PI. Index, h.t.; 2 Mason, 531; 14 Pick. 224; 4 N. H. ]Rep. 397; 14 S. & R. 333; Bouv. Inst. Index, h.t.
4. With respect to the necessity for giving notice, says Mr. Chitty, 1 Pr. 496, the rules of law are most evidently founded on good sense and so as to accord with the intention of the parties. The giving notice in certain cases obviously is in the nature of a condition precedent to the right to call on the other party for the performance of his engagement, whether his contract were express or implied. Thus, in the familiar instance of bills of exchange and promissory notes, the implied contract of an indorser is, that be will pay the bill or note, provided it be not paid, on presentment at maturity, by the acceptor or maker, (being the party primarily liable, and provided that he (the indorser) has due notice of the dishonor, and without which be is discharged from all liability; consequently, it is essential for the holder to be prepared to prove affirmatively that such notice was given, or some facts dispensing with such notice.
5. Whenever the defendant's liability to perform an act depends on another occurrence, which is best known to the plaintiff, and of which the defendant is not legally bound to take notice, the plaintiff must prove that due notice, was in fact given. So in cases of insurances on ships, a notice of abandonment is frequently necessary to enable the assured plaintiff. to proceed as for a total lose when something remains to be saved, in relation to which, upon notice, the insurers might themselves take their own measures.
6. To avoid doubt or ambiguity in the terms of the notice, it may be advisable to give it in writing, and to preserve evidence of its delivery, as in the case of notices of the dishonor of a bill.
7. The form of the notice may be as subscribed, but it must necessarily vary in its terms according to the circumstances of each case. So, in order to entitle a party to insist upon a strict and exact performance of a contract on the fixed day for completing it, and a fortiori to retain a deposit as forfeited, a reasonable notice must be given of the intention to insist on a precise performance, or be will be considered as having waived such strict right. So if a lessee or a purchaser be sued for the recovery of the estate, and he have a remedy over against a third person, upon a covenant for quiet enjoyment, it is expedient (although not absolutely necessary) referring to such covenant.
NOTICE, AVERMENT OF, in pleading. This is frequently necessary, particularly
in special actions of assumpsit.
2. When the matter alleged in the pleading is to be considered as lying more properly in the knowledge of the plaintiff, than of the defendant, then the declaration ought to state that the defendant had notice thereof; as when the defendant promised to give the plaintiff as much for a commodity as another person had given, or should give for the like.
3. But where the matter does not lie more properly in the knowledge of the plaintiff, than of the defendant, notice need not be averred. 1 Saund. 117, n. 2; 2 Saund. 62 a, n. 4; Freeman, R. 285. Therefore, if the defendant contrasted to do a thing, on the performance of an act by a stranger, notice need not be averred, for it lies in the defendant's knowledge as much as the plaintiff's, and he ought to take notice of it at his peril. Com. Dig. Pleader, C 75. See Com. Dig. Id. o 73, 74, 75; Vin. Abr. Notice; Hardr. R. 42; 5 T. R. 621.
4. The omission of an averment of notice, when necessary, will be fatal on demurrer or judgment by default; Cro. Jac. 432; but may be aided by verdict; 1 Str. 214; 1 Saund. 228, a; unless in an action against the drawer of a bill, when the omission of the averment of notice of non-payment by the acceptor is fatal, even after verdict. Doug. R. 679.
NOTICE, TO PRODUCE PAPERS, practice, evidence. When it is intended to give
secondary evidence of a written instrument or paper, which is in: the
possession of the opposite party, it is, in general, requisite to give him
notice to produce the same on the trial of the cause, before such secondary
evidence can be admitted.
2. To this general rule there are some exceptions: 1st. In cases where, from the nature of the proceedings, the party in possession of the instrument has notice that he is charged with the possession of it, as in the case of trover for a bond. 14 East, R. 274; 4 Taunt. R. 865; 6 S. & R. 154; 4 Wend. 626; 1 Camp. 143. 2d. When the party in possession has obtained the instrument by fraud. 4 Esp. R. 256. Vide 1 Phil. Ev. 425; 1 Stark. Ev. 862; Rosc. Civ. Ev. 4.
3. It will be proper to consider the form of the notice; to whom it should be given; when it must be served; and its effects.
4.-1. In general, a notice to produce papers ought to be given in writing, and state the title of the cause in which it is proposed to use the papers or instruments required. 2 Stark. R. 19; S. C. 3 E. C. L. R. 222. It seems, however, that the notice may be by parol. 1 Campb. R. 440. It must describe with sufficient certainty the papers or instruments called! for, and must not be too general, and by that means be uncertain. R. & M. 341; McCl. & Y. 139.
5.-2. The notice may be given to the party himself, or to his attorney. 3 T. R. 806; 2 T. It. 203, n.; R. & M. 827; 1 M. & M. 96.
6.-3. The notice must be served a reasonable time before trial, so as to afford an opportunity to the party to search for and produce the instrument or paper in question. 1 Stark. R. 283; S. C. 2 E. C. L. R. 391; R. & M. 47, 827; 1 M. & M. 96, 335, n.
7.-4. When a notice to produce an instrument or paper in the cause has been proved, and it is also proved that such paper or instrument was, at the time of the notice, in the hands of the party or his privy, and, upon request in court, he refuses or neglects to produce it, the party having given such notice, and made such proof, will he entitled to give secondary evidence of such paper or instrument thus withheld.
8. The 15th section of the, judiciary act of the United States provides, "that all the courts of the United: States shall have power, in the trial of actions at law, on motion, and due notice there of being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion, to give the like judgment for the defendant, as in cases of nonsuit; and if the defendant fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion as aforesaid, to give judgment against him or her by default."
9. The proper course to pursue under this act, is to move the court for an order on the opposite party to produce such books or papers. See, as to the rules in courts of equity to compel the production of books and papers, 1 Baldw. Rep. 388, 9; 1 Vern. 408, 425; 1 Sch. & Lef. 222; 1 P. Wins. 731, 732; 2 P. Wms. 749; 3 Atk. 360. See Evidence, secondary.