ADVERTISEMENT (Lat. advertere, to turn to).
Information or knowledge communicated to individuals or the public in a manner de signed to attract general attention.
A notice published either in handbills or in a newspaper.
The law in many instances requires par ties to advertise in order to give notice of i acts which are to be done; in these rise, the advertisement is in general equivalent to notice. But there are cases in which such notice is not sufficient, unless brought home to the actual knowledge of the party. Thus, notice of the dissolution of partnership by advertisement in a newspaper printed in the city or county where the business is carried on, although it is of itself notice to all per sons who have had no previous dealings with the firm, yet it is not notice to those who have had such previous dealings. It must be shown that persons of the latter class have received actual notice. 4 Whart. Penn. 484. See 17 Wend. N. Y. 526; 22 id. 183; 9 Dan. Ky. 166; 2 Ala. N. s. 502; 8 Humphr. Tenn. 418; 3 Bingh. 2. It has been held that the printed conditions of a line of pub lic coaches are sufficiently made known to passengers by being posted up at the place where they book their names. 8 Watts & S. Penn. 373; 3 id. 520. An advertisement by a railroad corporation in a newspaper in the English language of a limitation of its liability for baggage is not notice to a pas senger who does not understand English. 16
Penn. St. 68.
When an advertisement contains the terms of sale, or description of the property to be sold, it will bind the seller; and if there be a material misrepresentation, it may avoid the contract, or at least entitle the purchaser to a compensation and reduction from the agreed price. Knapp, Priv. Court. 344.
2. Advertisements published bon& fide for the apprehension of a person suspected of crime, or for the prevention of fraud, are privileged. Thus, an advertisement of the toss of certain bills of exchange, supposed to have been embezzled, made in the belief that it was necessary either for the purposes of justice with a view to the discovery and conviction of the offender, or for the protec tion of the defendant himself against the liability to which he might be exposed on the bills, is privileged, if these were the de fendant's only inducements. Heard, Libel & Slander, 131.
A sign-board, at a person's place of busi ness, giving notice of lottery-tickets being for sale there, is an "advertisement;" and, if erected before the passage of a statute making the advertising of lottery-tickets penal, a continuance of it is within the sta tute. 5 Pick. 42.