Online Encyclopedia

NOTICE

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

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

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