Blacks Law Dict. 1st ed

830

NOTICE TO QUIT

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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 himseif of the demised premises, and that the latter is re quired to quit and remove from the same at a time designated, either at the expira tion 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 some times 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. NOTIFY. In legal proceedings, and in respect to public matters, this word is gen erally, if not universally, used as importing a notice given by some person, whose duty it was to give it, in some manner prescribed, and to some person entitled to receive it, or be notified. 31 Conn. 384. NOTING. As soon as a notary has made presentment and demand of a bill of exchange, or at some seasonable hour of the same day, he makes a minute on the bill, or on a ticket attached thereto, or in his book of registry, consisting of his initials, the month, day, and year, the refusal of accept ance or payment, the reason, if any, assigned for such refusal, and his charges of protest. This is the preliminary step towards the pro test, and is called "noting." 2 Daniel, Neg. Inst. § 939. NOTIO. Lat. In the civil law. The power of hearing and trying a matter of fact; the power or authority of a judex; the power of hearing causes and of pronouncing sen tence, without any degree of jurisdiction. Calvin. N O T I T I A . Knowledge; information; intelligence; notice. Notitia dicitur a noscendo; et notitia non debet claudicare. Notice is named from a knowledge being had; and notice ought not to halt, [i. e., be imperfect.] 6 Coke, 29. NOTORIAL. The Scotch form of "nota rial," (g. «.) Bell. NOTORIETY. The state of being noto rious or universally well known.

NOTORIOUS. In the law of evidence, matters deemed notorious do not require to be proved. There does not seem to be any recognized rule as to what matters are deemed notorious. Cases have occurred in which the state of society or public feeling has been treated as notorious; e. g., during times of sedition. Best, Ev. 354; Sweet. NOTOUR. In Scotch law. Open; no torious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor, retires to sanctuary or ab sconds or defends by force, and is afterwards found insolvent by the court of session. Bell. Nova constitutio futuris formam im ponere debet non prseteritis. A new state of the law ought to affect the future^ not the past. 2 Inst. 292; Broom, Max. 34, 37. NOVA CUSTUMA. The name of an im position or duty. See ANTIQTJA CUSTUMA. NOVA STATUTA. New statutes. An appellation sometimes given to the statutes which have been passed since the beginning of the reign of Edward III. 1 Steph. Comm. 68. NOViE NARRATIONES. New counts. The collection called "Novoe Narrationes" contains pleadings in actions during the reign of Edward III. It consists principally of dec larations, as the title imports; but there are sometimes pleas and subsequent pleadings. The Articuli ad Novas Narrationes is usual ly subjoined to this little book, and is a small treatise on the method of pleading. It first treats of actions and courts, and then goes through each particular writ, and the decla ration upon it, accompanied with directions, and illustrated by precedents. 3 Reeves, Eng. Law, 152; Wharton. NOVALE. Land newly plowed and con verted into tillage, and which has not been tilled before within the memory of man; also fallow land. NOVALIS. In the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 30, 2. Novatio non prsesumitur. Novation is not presumed. Halk. Lat. Max. 109. NOVATION. Novation is the substitu tion of a new debt or obligation for an exist ing one. Civil Code Cal. § 1530; Civil Code Dak. § 863. Novation is a contract, consisting of two stipulations,—one to extinguish an existing

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