KFLCC Kingdom Law 2nd Ed.

831

NOTICE

NOTARIUS

derstood an informal minute or memorandum made on the spot. See Clason v. Bailey, 14 Johns. (N. Y.) 492. 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. NOTES. NOTHUS. Lat. In Roman law. A nat ural child or a person of spurious birth, 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 phras es as "A. had notice of the conversion," "a purchaser without notice of fraud," etc. Notice is either (1) statutory, •. 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 allow the presumption to be rebutted. Constructive notice may be subdivided into: (a) Where there exists actual notice of matter, to whfch 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, "noface" 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 written warning, in more or less formal shape, intended to ap prise 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 com municate. Classification. Notice is actual or construc tive. Actual notice is notice expressly and actually given, 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; Mc Gray 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 in formation 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. Whit tington, 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 NOTICE.

dictated to him by another; one who pre pared 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. 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. See Kirk sey v. Bates, 7 Port.