NOTICE, in law, denotes existing knowledge of some fact or the act of giving information. in the former sense it be actual or constructive, actual when the party is directly informed of the fact by word of mouth or by letter; constructive, when the party is legally presumed to have information on grounds of public policy or has been " put upon inquiry" by his knowledge of facts intimately connected viith the particular fact in dispute. Thus a party to a suit has constructive notice of a newspaper adver tisement published by order of the court, and a person accepting a conveyance which refers to some other .deed is bound to consult the latter or take the consequence of his negligence. But when the liability of a party to do or not to do a certain net is con ditional on time occurrence of a fact which is best known to the other party, the plaintiff must prove that actual notice was given to the defendant. Averment of notice is the allegation in a pleading that notice has been properly given, and there must be such averment when the matter lies more properly in the knowledge of the plaintiff than the defendant; in common law pleading omission of averment is fa.al on demurrer or a claim of judgment by default. Notice to plead before a fixed time must be given in writing before judgment can be signed for non-pleading, and, in general, notice must always be given to the opposing party of any new step in procedure. Secondary evi dence cannot be offered of the contents of a written instrument until notice has been given to the opposing party to produce it on trial, except where the party in possession holds -the paper by fraud or when he is supposed from the nature of the case to have construe :five notice. The notice to'produce should be in writihg, should clearly describe what is -required, and must be served on the party or his attorney a reasonable time before trial. ;Notice of dishonor must be given to an indorser of a promissory note and to the drawer or indorser of a bill of exchange, when demand for payment or acceptance has been ;made and refused by the maker of the note or by the drawer or acceptor of the bill of ,exchange, in order to change such indorser or drawer. Only persons who after dishonor
:are at once liable to an action on the negotiable paper need be immediately notified. Notice of dishonor must be immediate, must clearly describe the bill or note and the 'nature of the non-acceptance, may be oral though usually in writing, and may be served personally or by mail. Notice to quit from a landlord to a tenant is necessary only when 'the tenant holds at will or for an uncertain time. Notice in this case should he served by the,owner or agent upon the tenant in person or seine member of his family and at his usual place of abode. A'time must be fixed at the end of which the premises must be vacated. This at common law 'was 6 months, but in this country is governed by statutory enactment, being, in many eases, 3 months. When there are joint tenants or 'tenants-in common the notice must he addressed to all but may be served on one. After ?the specified time has passed any act of the landlord which recognizes the continuance .of?the tenant in possession of the premises is a waiver of the notice. The acceptance of rent, if not explained, would constitute such an act. A. assigns to C. a debt due from B., B. is not affected by the assignment without due notice. Thus where a mort gage has'been assigned and subsequently the mortgageor not having notice, has made -payments to the original mortgagee, such payments are good, and the assignee cannot him. In a contract notice may be expressly required or may be implied from the nature of the agreement. If the act- to bc done is indefinite—as to pay for cer tain kinds as much as could be gotten by the vendor from any one else—it is obvious thatemetice is necessarily implied; not so, however. when the act is definite or specific, as to pay a fixed sum on the occurrence of a certain event. When a &owe fde -purchaser for consideration has had notice of the existence of fraud or unfairness in the contract by which his vendor obtained the possession of the article bought, that contract cannot be sustained on the ground that he is an innocent third party.