NOTICE

Knowledge; in form a.tlon; the result of observation, whether by the senses or the mind; knowledge of the existence of a tact or state of affairs; the means of knowledge. Used in this sense in such phrases as "A. had notice of the conversion," "a purchaser without notice of fraud," etc. Notice is either (1) statutory, t e., made S'O by legislative enactment; (2) actual, which brings ilie 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 ilie presumption to be rebutted. Constructive notice may be subdivided into: (a) Where there exists actual notice of matter, to whll!:h equity has added constructive notice of facts, which an· inquiry after i;iuch matter would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of escaping notice. Wharton. In another sense, "notice" means information of an act to be done or required to be done; as of a motion to be made, a trial tQ 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 le formal shape, intended to apprise 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 communicate. Cla i:lication. Notice is actual or constructive. Actual notice is notice expre ly and actually ~ven, and brought home to the party directly m distinction from notice inferred or 1 impute a by the law on acount of the existence of means of knowledge. Jordan v. Pollock, 14 Ga. 1411; Johnson v. Dooly, 72 Ga. 297;_ Mor- '!.Y v. Milliken, 86 Me. 464, 30 Atl. 10~; McCray 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 information 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 bis situation was such as to cast upon him ilie duty of inquiring into it. Baltimore v. Whittington, 78 Md. 231, ' 'JfT Ati. 984· Wells v. Sheerer, 78 Ala. 142; Jordan v. i;iollock 14 Ga. 145; Jackson v. 1 Waldstein (Tex. C1v. App.) 'lfT 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. Whittington, 78 Md. 231, 'lfT Atl. 984; Thomas v. Flint, 123 Mich. 10, 81 N. W. 936, 47 L. R. A. 499; Vaughn v. Tmcy, 22 Mo. 420. Notice is also further cla ified u emp,ren or implied. Expre notice embraces not only knowledge, but also iliat which is communicated [s. 837]