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NOTICE

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Originally appearing in Volume V19, Page 824 of the 1911 Encyclopedia Britannica.
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NOTICE , a See also:

term primarily meaning knowledge (See also:Lat. notitia), as in " judicial notice "; thence it comes to signify the means of bringing to knowledge, as in " notice to quit "; at last it may be used even for the actual See also:writing by which notice is given. The most important legal uses of the word are judicial notice and the equitable See also:doctrine of notice. Judicial notice is the recognition by courts of See also:justice of certain facts or events without See also:proof. Thus in See also:England the courts take judicial notice of the existence of states and sovereigns recognized by the See also:sovereign of England, of the See also:dates of the See also:calendar, the date and See also:place of the sittings of the legislature, &c. The equitable doctrine of notice is that a See also:person who purchases an See also:estate, although for valuable See also:consideration, after notice of a See also:prior equitable right, will not be enabled by getting in the legal estate to defeat that right. On the other See also:hand, a purchaser for valuable consideration without notice of an adverse See also:title is as a See also:rule protected in his enjoyment of the See also:property. Other See also:common uses of the word are notice to quit, i.e. a notice required to be given by landlord to See also:tenant, or by tenant to landlord in See also:order to terminate a tenancy (sl:e LANDLORD AND TENANT); notice of dishonour, i.e. a notice that a,See also:bill of See also:exchange has been dishonoured; notice of See also:action, i.e. a notice to a person of an action intended to be brought against him, which is required by See also:statute to be given in certain cases; notice of trial, i.e. the notice given by a See also:plaintiff to a See also:defendant that he intends to bring on the cause for trial; notice in lieu of See also:personal service of a See also:writ, i.e. by See also:advertisement or otherwise; notice given by one party in an action to the other, at a trial, to produce certain documents in his See also:possession or See also:power; notice to treat, given under the See also:Land Clauses Acts by public bodies having compulsory See also:powers of purchasing land as a preliminary step to putting their powers in force. Notice may be either See also:express or constructive. The latter is where knowledge of a fact is presumed from the circumstances of the See also:case, e.g. notice to a See also:solicitor is usually constructive notice to the client. Notice in some cases may be either oral or written. It is usually advisable to give written notice even where oral See also:evidence is sufficient in See also:law, as in the case of notice to quit. The See also:American use of notice is practically the same as in England.

End of Article: NOTICE

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