英文法律词典 N-40

NOTE OF HAND, contracts. Another name, less technical, for a promissory note. (q. v.) 2 Bl. Com. 467. Vide Bank note; Promissory note, Reissuable note.

NOTES, practice. Short statements of what transpires¹ on the trial of a cause; they are generally made by the judge and the counsel, for their Own satisfaction.

2. They are not, per se, evidence on another trial, not being in the nature of a deposition². 4 Binn. R. 110. But such notes were admitted in a court of equity³ as evidence of what had been stated by a witness at the trial of an action at law. 3 Y. & C. 413., And a verdict was amended⁴, in a court of law, from the notes of the judges. 11 Ad. & El. 179; S. C. 39 Eng. C L R. 38; see 5 Whart. 156; 5 Watts⁵ & S. 51.

3. Notaries⁶ formerly⁷ made notes, matrix, by abbreviations, from which they made their records, and engrossed⁸ the acts which were passed before them. This original is now called the minutes. The notes of the prothonotaries and clerks of courts are called minutes.

NOTICE. The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave. 5 How. S. C. Rep. 216; 7 Penn. Law Journ. 119.

2. Notices should always be in writing; they should state, in precise terms, their object, and be signed by the proper person, or his authorized⁹ agent, be dated, and ad- dressed to the person to be affected¹⁰ by them.

3. Notices are actual, as when they are directly given to the party to be affected by them; or constructive¹¹, as when the party by any circumstance whatever, is put upon inquiry¹², which amounts in judgment¹³ of law to notice, provided the, inquiry becomes a duty. Vide 2 Pow. Mortg. 561 to .662; 2 Stark¹⁴. Ev. 987; 1 Phil. Ev. Index, b. t.; 1 Vern. 364, n.; 4 Kent, Com. 172; 16 Vin. Ab. 2; 2 Supp. to Ves. jr. 250; Grah. Pr. Index, h. t.; Chit. PI. Index, h. t.; 2 Mason, 531; 14 Pick. 224; 4 N. H. ]Rep. 397; 14 S. & R. 333; Bouv. Inst. In- dex, h. t.

4. With respect to the necessity for giving notice, says Mr. Chitty, 1 Pr. 496, the rules of law are most evidently founded on good sense and so as to accord with the intention of the parties. The giving notice in certain cases obviously is in the nature of a condition precedent¹⁵ to the right to call on the other party for the performance of his engagement, wbether his contract were express or implied. Thus, in the familiar instance of bills of exchange and promis- sory notes, the implied contract of an in- dorser is, that be will pay the bill or note, provided it be not paid, on presentment at maturity¹⁶, by the acceptor or maker¹⁷, (being the party primarily liable, and provided that he (the indorser) has due notice of the dishonor, and without which be is discharged from all liability; consequently, it is essen- tial for the holder¹⁸ to be prepared to prove affirmatively that such notice was given, or some facts dispensing¹⁹ with such notice.

5. Whenever the defendant²⁰'s liability to perform an act depends on another oc- currence, which is best known to the plain- tiff²¹, and of which the defendant is not legally bound to take notice, the plaintiff must prove that due notice, was in fact given. So in cases of insurances on ships, a notice of abandonment. is frequently ne- cessary to enable the assured plaintiff. to proceed as for a total lose when sometbing remains²² to be saved, in relation to which, upon notice, the in-surers might themselves take their own measures.

6. To avoid doubt or ambiguity²³ in the terms of the notice, it may be advisable to give it in writing, and to preserve evidence of its delivery, as in the case of notices of the dishonor of a bill.

7. The form of the notice may be as subscribed²⁴, but it must necessarily vary in its terms according to the circumstances of each case. So, in order to entitle a party to insist upon a strict and exact perform- ance of a contract on the fixed²⁵ day for completing it, and a fortiori to retain a deposit as forfeited²⁶, a reasonable notice must be given of the intention to insist on a precise performance, or be will be consi- dered as having waived²⁷ such strict right. So if a lessee²⁸ or a purchaser be sued for the recovery of the estate, and he have a remedy over against a third person, upon a covenant²⁹ for quiet enjoyment³⁰, it is expe- dient (although not absolutely necessary) referring to such covenant.