notice

notice
    n 1: an announcement containing information about an event; "you
         didn't give me enough notice"; "an obituary notice"; "a
         notice of sale
    2: the act of noticing or paying attention; "he escaped the
       notice of the police" [syn: {notice}, {observation},
       {observance}]
    3: a request for payment; "the notification stated the grace
       period and the penalties for defaulting" [syn:
       {notification}, {notice}]
    4: advance notification (usually written) of the intention to
       withdraw from an arrangement of contract; "we received a
       notice to vacate the premises"; "he gave notice two months
       before he moved"
    5: a sign posted in a public place as an advertisement; "a
       poster advertised the coming attractions" [syn: {poster},
       {posting}, {placard}, {notice}, {bill}, {card}]
    6: polite or favorable attention; "his hard work soon attracted
       the teacher's notice"
    7: a short critical review; "the play received good notices"
    v 1: discover or determine the existence, presence, or fact of;
         "She detected high levels of lead in her drinking water";
         "We found traces of lead in the paint" [syn: {detect},
         {observe}, {find}, {discover}, {notice}]
    2: notice or perceive; "She noted that someone was following
       her"; "mark my words" [syn: {notice}, {mark}, {note}] [ant:
       {ignore}]
    3: make or write a comment on; "he commented the paper of his
       colleague" [syn: {comment}, {notice}, {remark}, {point out}]
    4: express recognition of the presence or existence of, or
       acquaintance with; "He never acknowledges his colleagues when
       they run into him in the hallway"; "She acknowledged his
       complement with a smile"; "it is important to acknowledge the
       work of others in one's own writing" [syn: {notice},
       {acknowledge}]
    

Notice \No"tice\, v. t. [imp. & p. p. {Noticed}; p. pr. & vb. n.
   {Noticing}.]
   1. To observe; to see; to mark; to take note of; to heed; to
      pay attention to.
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   2. To show that one has observed; to take public note of;
      remark upon; to make comments on; to refer to; as, to
      notice a book.
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            This plant deserves to be noticed in this place.
                                                  --Tooke.
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            Another circumstance was noticed in connection with
            the suggestion last discussed.        --Sir W.
                                                  Hamilton.
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   3. To treat with attention and civility; as, to notice
      strangers.
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   Syn: To remark; observe; perceive; see; mark; note; mind;
        regard; heed; mention. See {Remark}.
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Notice \No"tice\, n. [F., fr. L. notitia a being known,
   knowledge, fr. noscere, notum, to know. See {Know}.]
   1. The act of noting, remarking, or observing; observation by
      the senses or intellect; cognizance; note.
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            How ready is envy to mingle with the notices we take
            of other persons!                     --I. Watts.
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   2. Intelligence, by whatever means communicated; knowledge
      given or received; means of knowledge; express
      notification; announcement; warning.
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            I . . . have given him notice that the Duke of
            Cornwall and Regan his duchess will be here. --Shak.
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   3. An announcement, often accompanied by comments or remarks;
      as, book notices; theatrical notices.
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   4. A writing communicating information or warning.
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   5. Attention; respectful treatment; civility.
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   {To take notice of}, to perceive especially; to observe or
      treat with particular attention.
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   Syn: Attention; regard; remark; note; heed; consideration;
        respect; civility; intelligence; advice; news.
        [1913 Webster]
    

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 authorized 
agent, be dated, and addressed to the person to be affected by them. 
     3. Notices are actual, as when they are directly given to the party to 
be affected by them; or constructive, as when the party by any circumstance 
whatever, is put upon inquiry, which amounts in judgment of law to notice, 
provided the, inquiry becomes a duty. Vide 2 Pow. Mortg. 561 to 662; 2 
Stark. 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. Index, 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 precedent to the right to 
call on the other party for the performance of his engagement, whether his 
contract were express or implied. Thus, in the familiar instance of bills of 
exchange and promissory notes, the implied contract of an indorser is, that 
be will pay the bill or note, provided it be not paid, on presentment at 
maturity, by the acceptor or maker, (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 essential for 
the holder to be prepared to prove affirmatively that such notice was given, 
or some facts dispensing with such notice. 
     5. Whenever the defendant's liability to perform an act depends on 
another occurrence, which is best known to the plaintiff, 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 necessary to enable the assured plaintiff. to 
proceed as for a total lose when something remains to be saved, in relation 
to which, upon notice, the insurers might themselves take their own 
measures. 
     6. To avoid doubt or ambiguity 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 subscribed, 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 performance of a 
contract on the fixed day for completing it, and a fortiori to retain a 
deposit as forfeited, a reasonable notice must be given of the intention to 
insist on a precise performance, or be will be considered as having waived 
such strict right. So if a lessee or a purchaser be sued for the recovery of 
the estate, and he have a remedy over against a third person, upon a 
covenant for quiet enjoyment, it is expedient (although not absolutely 
necessary) referring to such covenant. 
    

NOTICE, AVERMENT OF, in pleading. This is frequently necessary, particularly 
in special actions of assumpsit. 
     2. When the matter alleged in the pleading is to be considered as lying 
more properly in the knowledge of the plaintiff, than of the defendant, then 
the declaration ought to state that the defendant had notice thereof; as 
when the defendant promised to give the plaintiff as much for a commodity as 
another person had given, or should give for the like. 
     3. But where the matter does not lie more properly in the knowledge of 
the plaintiff, than of the defendant, notice need not be averred. 1 Saund. 
117, n. 2; 2 Saund. 62 a, n. 4; Freeman, R. 285. Therefore, if the defendant 
contrasted to do a thing, on the performance of an act by a stranger, notice 
need not be averred, for it lies in the defendant's knowledge as much as the 
plaintiff's, and he ought to take notice of it at his peril. Com. Dig. 
Pleader, C 75. See Com. Dig. Id. o 73, 74, 75; Vin. Abr. Notice; Hardr. R. 
42; 5 T. R. 621. 
     4. The omission of an averment of notice, when necessary, will be fatal 
on demurrer or judgment by default; Cro. Jac. 432; but may be aided by 
verdict; 1 Str. 214; 1 Saund. 228, a; unless in an action against the drawer 
of a bill, when the omission of the averment of notice of non-payment by the 
acceptor is fatal, even after verdict. Doug. R. 679. 
    

NOTICE, TO PRODUCE PAPERS, practice, evidence. When it is intended to give 
secondary evidence of a written instrument or paper, which is in: the 
possession of the opposite party, it is, in general, requisite to give him 
notice to produce the same on the trial of the cause, before such secondary 
evidence can be admitted. 
     2. To this general rule there are some exceptions: 1st. In cases where, 
from the nature of the proceedings, the party in possession of the 
instrument has notice that he is charged with the possession of it, as in 
the case of trover for a bond. 14 East, R. 274; 4 Taunt. R. 865; 6 S. & R. 
154; 4 Wend. 626; 1 Camp. 143. 2d. When the party in possession has obtained 
the instrument by fraud. 4 Esp. R. 256. Vide 1 Phil. Ev. 425; 1 Stark. Ev. 
862; Rosc. Civ. Ev. 4. 
     3. It will be proper to consider the form of the notice; to whom it 
should be given; when it must be served; and its effects. 
     4.-1. In general, a notice to produce papers ought to be given in 
writing, and state the title of the cause in which it is proposed to use the 
papers or instruments required. 2 Stark. R. 19; S. C. 3 E. C. L. R. 222. It 
seems, however, that the notice may be by parol. 1 Campb. R. 440. It must 
describe with sufficient certainty the papers or instruments called! for, 
and must not be too general, and by that means be uncertain. R. & M. 341; 
McCl. & Y. 139. 
     5.-2. The notice may be given to the party himself, or to his 
attorney. 3 T. R. 806; 2 T. It. 203, n.; R. & M. 827; 1 M. & M. 96. 
     6.-3. The notice must be served a reasonable time before trial, so as 
to afford an opportunity to the party to search for and produce the 
instrument or paper in question. 1 Stark. R. 283; S. C. 2 E. C. L. R. 391; 
R. & M. 47, 827; 1 M. & M. 96, 335, n. 
     7.-4. When a notice to produce an instrument or paper in the cause 
has been proved, and it is also proved that such paper or instrument was, at 
the time of the notice, in the hands of the party or his privy, and, upon 
request in court, he refuses or neglects to produce it, the party having 
given such notice, and made such proof, will he entitled to give secondary 
evidence of such paper or instrument thus withheld. 
     8. The 15th section of the, judiciary act of the United States 
provides, "that all the courts of the United: States shall have power, in 
the trial of actions at law, on motion, and due notice there of being given, 
to require the parties to produce books or writings in their possession or 
power, which contain evidence pertinent to the issue, in cases and under 
circumstances where they might be compelled to produce the same by the 
ordinary rules of proceeding in chancery; and if a plaintiff shall fail to 
comply with such order to produce books or writings, it shall be lawful for 
the courts, respectively, on motion, to give the like judgment for the 
defendant, as in cases of nonsuit; and if the defendant fail to comply with 
such order to produce books or writings, it shall be lawful for the courts, 
respectively, on motion as aforesaid, to give judgment against him or her by 
default." 
     9. The proper course to pursue under this act, is to move the court for 
an order on the opposite party to produce such books or papers. See, as to 
the rules in courts of equity to compel the production of books and papers, 
1 Baldw. Rep. 388, 9; 1 Vern. 408, 425; 1 Sch. & Lef. 222; 1 P. Wins. 731, 
732; 2 P. Wms. 749; 3 Atk. 360. See Evidence, secondary. 
    

268 Moby Thesaurus words for "notice":
      account, acknowledge, acquaintance, admonish, admonishment,
      admonition, advert, advertence, advertency, advice, advise, alarm,
      alertness, allude, analysis, animadvert, announce, announcement,
      annunciation, apperception, appreciation, appreciativeness,
      apprehension, approval, assiduity, assiduousness, attend,
      attend to, attention, attention span, attentiveness, awareness,
      behold, bench warrant, blackmail, blue book, book review, briefing,
      bulletin, bulletin board, call, call for, capias, care,
      catch sight of, caution, caveat, censure, circular, claim,
      clap eyes on, cognition, cognizance, comment, commentary,
      commentation, communication, communique, concentration, concern,
      consciousness, consideration, contribution, critical bibliography,
      critical journal, critical notice, critical review, criticism,
      critique, data, datum, death warrant, declaration, demand,
      demand for, descry, detect, deterrent example, diligence,
      directive, directory, discern, discover, dispatch, distinguish,
      draft, drain, duty, ear, earnestness, edict, editorial, encyclical,
      enlightenment, enunciation, espial, espionage, espy, evidence,
      exaction, example, extortion, extortionate demand, facts,
      factual information, familiarization, fieri facias, final notice,
      final warning, gen, general information, give heed to, give notice,
      glimpse, gloss, grasp, guidebook, habere facias possessionem,
      handout, hard information, have in sight, heavy demand, heed,
      heedfulness, hint, identify, imposition, impost,
      incidental information, indent, info, inform, information,
      injunction, insight, insistent demand, instruction, intelligence,
      intentiveness, intentness, interdict, intimation, ken, knowledge,
      lay eyes on, leader, leading article, lesson, levy, light,
      literary criticism, look, look on, look upon, looking, lookout,
      make out, mandamus, mandate, mandatory injunction, manifesto, mark,
      memo, mention, message, mind, mindfulness, mittimus, monition,
      moral, nisi prius, noesis, nonnegotiable demand, note,
      notification, notify, object lesson, observance, observation,
      observe, order, pay attention to, perceive, perception, pick out,
      pick up, position paper, precept, presentation, press release,
      process, proclamation, program, programma, prohibitory injunction,
      promotional material, pronouncement, pronunciamento, proof,
      public notice, publication, publicity, realization, recognition,
      recognize, refer, regard, regardfulness, release, remark, report,
      requirement, requisition, respect, review, running commentary,
      rush, rush order, search warrant, see, sense, sensibility,
      sidelight, sight, spot, spy, spying, statement, take heed of,
      take in, take note, take note of, take notice, take notice of, tax,
      taxing, tend, the dope, the goods, the know, the scoop, thought,
      threat, tip-off, transmission, tribute, twig, ukase, ultimatum,
      understanding, verbum sapienti, view, viewing, warn, warning,
      warning piece, warrant, warrant of arrest, warrant of attorney,
      watch, watching, white book, white paper, witness, witnessing,
      word, writ, write-up