Blacks Law Dict. 1st ed

828

NOTICE

NOT POSSESSED

negotiable promissory note. See BOUGHT NOTE; NOTES; JUDGMENT NOTE; PBOM ISSOBY NOTE; SOLD NOTE. NOTE A BILL. When a foreign bil) has been dishonored, it is usual for a notary public to present it again on the same day, and, if it be not then paid, to make a minute, consisting of his initials, the day, month, and year, and reason, if assigned, of non-pay ment. The making of this minute is called " noting the bill." Wharton. NOTE OP A PINE. In old convey ancing. One of the parts of a fine of lands, being an abstract of the writ of covenant, and the concord; naming the parties, the parcels of land, and the agreement. 2 Bl. Comm. 351. NOTE OP ALLOWANCE. In English practice. This was a note delivered by a master to a party to a cause, who alleged that there was error in law in the record and pro ceedings, allowing him to bring error. NOTE OF HAND. A popular name for a promissory note. NOTE OP PROTEST. A memorandum of the fact of protest, indorsed by the notary upon the bill, at the time, to be afterwards written out at length. NOTE OR MEMORANDUM. The statute of frauds requires a "note or mem orandum" of the particular transaction to be made in writing and signed, etc. By this is generally understood an informal minute or memorandum made on the spot. See 14 Johns. 492. NOTES. In practice. Memoranda made by a judge on a trial, as to the evidence ad duced, and the points reserved, etc. A copy of the judge's notes may be obtained from his clerk. NOTHUS. Lat. In Roman law. A nat ural 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 knowl edge. Used in this sense in such phrases as "A. had notice of the conversion," "a pur chaser without notice of fraud," etc. Notice is either (1) statutory, i. e., 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

other defense, without the leave of the court or a judge. Mozley & Whitley. NOT POSSESSED. A special traverse ased in an action of trover, alleging that de fendant was not possessed, at the time of ac tion brought, of the chattels alleged to have been converted by him. NOT PROVEN. A verdict in a Scotch criminal trial, to the effect that the guilt of the accused is not made out, though his in nocence is not clear. NOTA. In the civil law. A mark or brand put upon a person by the law. Mac keld. Bom. Law, § 135. NOTiE. In civil and old European law. Short-hand characters or marks of contrac tion, in which the emperors' secretaries took down what they dictated. Spelman; Calvin. NOTARIAL. Taken by a notary. NOTARIUS. Lat. In Roman law. A draughtsman; an amanuensis; a short-hand writer; one who took notes of the proceed ings in the senate or a court, or of what was 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 instruments; a notary. Cowell. NOTARY PUBLIC. 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 official acts, chiefly in commercial matters, such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. NOTATION. In English probate prac tice, notation is the 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 King dom, which can only be done in the case of 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,©. To make a brief written state ment; to enter a memorandum; as to note an exception. NOTE, n. An abstract, a memorandum; an informal statement in writing. Also a

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