NOTICE. The information given of some act done, or the interpellation by which some act is required to be done. Knowledge: as, A had notice that B was a slave. 5 How. 216 ; 7 Penn. Law Journ. 119.
Actual notice exists when knowledge is actually brought home to the party to be affected by it.
Constructive notice exists when the party, by any circumstance whatever, is put upon inquiry, or when certain acts have been done which the party interested is presumed to have knowledge of on grounds of publio policy. 2 Mas. C. C. 531 ; 14 Pick. Mass. 224 ; 4 N. H. 397 ; 14 Serg. & R. Penn. 333. The recording a deed, 23 Mo. 237 ; 25 Barb. N. Y. 635 ; 28 Miss. 354 ; 4 Kent, Comm. 182, u., an advertisement in a newspaper, when authorized by statute as a part of the process, public acts of government, and Hs pendens, fur nish constructive notice. Notice to an agent is, in general, notice to the principal. 25 Conn. 444 ; 10 Rich. So. C. 293.
2. The giving notice in certain cases, ob viously, is in the nature of a condition prece dent 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 families instance of bills of exchange and promissory notes, the implied contract of an indorser is that he will pay the bill or aote 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 dis honor, and without which he is discharged from all liability : consequently, it is essential for thc holder to be prepared to prove affirma tively that such notice was given, or some facts dispensing with such notice. 1 Chitty,
Pract. 496. ' 3. Whenever the defendant's liability to perform an act depends on another occur rence 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 not iee of abandonment is frequently necessary to enable the assured plaintiff to proceed as for a total loss when something remains to be saved, in relation to which, upon notice, the insurers might them selves take their own measures.
Notice may be written or oral, in many cases, at the option of the party required to give it ; but written notice is generally pre ferable, both as avoiding doubt and ambi guity in its terms, and as admitting more easy and exact proof of delivery.