Blacks Law Dict. 1st ed

NOTICE TO PRODUCE

829

NOTICE

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 in quiry after such matter would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of escaping no tice. Wharton. Notice is actual when it is directly and person ally given to the party to be notified; and con structive when the party, by circumstances, is put upon inquiry, and must be presumed to have had notice, or, by judgment of law, is held to have had notice. 14 Ga. 145. Every person who has actual notice of circum stances sufficient to put a prudent man upon in quiry as to a particular fact has constructive no tice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact Civil Code CaL § 19. Actual notice consists in express information of a fact. Constructive notice is notice imputed by the law to a person not having actual notice; and every person who has actual notice of circum stances sufficient to put a prudent man upon in quiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself. 1 Dak. T. 399, 400, 46 N. W. Rep. 1134. In another sense, "notice" means infor mation 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 writ ten warning, in more or less formal shape, intend ed 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. NOTICE, AVERMENT OF. In plead ing The allegation in a pleading that notice has been given. NOTICE IN LIEU OP SERVICE. In lieu of personally serving a writ of sum mons (cr 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 all probability reach the party. This notice is peculiarly appropriate in the case of a foreign er out of the jurisdiction, whom it is desired to serve with a writ of summons. Sweet. NOTICE OP ACTION. When it is in tended 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. A no tice given by defendant to a plaintiff that he appears in the action in person or by attor ney.

NOTICE OP DISHONOR. When a negotiable bill or note is dishonored by non acceptance on presentment for acceptance, or by non-payment at its maturity, it is the duty of the holder to give immediate notice of such dishonor to the drawer, if it be a bill, and to the indorser, whether it be a bill or note. 2 Daniel, Neg. Inst § 970. NOTICE OP JUDGMENT. It is re quired 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 al lowed for taking an appeal runs from such notice. NOTICE OP LIS PENDENS. A no tice filed for the purpose of warning all per sons that the title to certain property is in litigation, and that, if they purchase the de fendant's claim to the same, they are in dan ger of being bound by an adverse judgment. 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. NOTICE OP PROTEST. A notice given by the holder of a bill or note to the drawer or indorser that the bill has been pro tested for refusal of payment or acceptance. NOTICE OP TRIAL. A notice given by one of the parties in an action to the other, after an issue has been reached, that he in tends 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 document, in order to save the expense of proving it at the trial; and the party refus ing to admit must bear the costs of proving it unless the judge certifies that the refusal to admit was reasonable. No costs of prov ing a document will in general be allowed, unless such a notice is given. Rules of Court, xxxil. 2; Sweet. NOTICE TO PLEAD. This isa notice which, in the practice of some states, is pre requisite to the taking judgment by default. It proceeds from the plaintiff, and warns the defendant that he must plead to the declara tion or complaint within a prescribed time. NOTICE TO PRODUCE. In practice. A notice in writing, given in an action at

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