NOTE, estates, conv., practice. The fourth part of a fine of lands: it
is an abstract of the writ of covenant and concord, and is only a, doequet taken
by the chirographer, from which he draws up the indenture. It is sometimes taken
in the old books for the concord. Cruise, Dig. tit. 35, c. 2, 51.
NOTE OF HAND, contracts. Another name, less technical, for a
promissory note. (q. v.) 2 Bl. Com. 467. Vide Bank note; Promissory note,
NOTES, practice. Short statements of what transpires on the trial of a
cause; they are generally made by the judge and the counsel, for their Own
2. They are not, per se, evidence on another trial, not being in the nature
of a deposition. 4 Binn. R. 110. But such notes were admitted in a court of
equity as evidence of what had been stated by a witness at the trial of an
action at law. 3 Y. & C. 413., And a verdict was amended, in a court of law,
from the notes of the judges. 11 Ad. & El. 179; S. C. 39 Eng. C L R. 38; see
5 Whart. 156; 5 Watts & S. 51.
3. Notaries formerly made notes, matrix, by abbreviations, from which they
made their records, and engrossed the acts which were passed before them. This
original is now called the minutes. The notes of the prothonotaries and clerks
of courts are called minutes.
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.
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 ad- dressed 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.
In- dex, 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, wbether his contract were
express or implied. Thus, in the familiar instance of bills of exchange and
promis- sory notes, the implied contract of an in- dorser 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 essen- tial 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
oc- currence, which is best known to the plain- tiff, 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 ne- cessary to enable the assured plaintiff. to proceed as for a
total lose when sometbing remains to be saved, in relation to which, upon
notice, the in-surers 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 perform- ance 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 consi- dered 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 expe- dient (although not absolutely necessary) referring to
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 no- tice, when necessary, will be fatal on
de- murrer 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-pay- ment by the acceptor is
fatal, even after verdict. Doug. R. 679.
NOTICE OF DISHONOR. The notice given by the holder of a bill of
exchange or promissory note, to a drawer or endorser on the same, that it has
been dishonored, either by not being accepted in the case of a bill, or paid in
cue of an accepted bill or note.
2. It is proper to consider, 1. The form of the notice; 2. By whom it is to
be given; 3. To whom. 4. When; 5. Where; 6. Its effects; 7. When a want of
notice will be excused; 8. When it will be waived.
3. - SS1. Although no precise form of words is requisite in giving notice of
dis- honor, yet such notice must convey, 1. A true description of the bill or
note so as to ascertain its identity; but if the notice cannot mislead the party
to whom it is sent, and it conveys the real fact without any. doubt, although
there may be a small va- riance, it cannot be material, either to regard his
rights or to avoid his responsibility. 11 Wheat. 431, 436; Story on Bills, SS
390; 11 Mees. & Wels. 809. 2. The notice must contain an assertion that ther
bill has been duly presented to the drawee for accept- ance, when acceptance has
been refused, or to the acceptor of a bill, or maker of a note for payment at
its maturity, and dishonored. 4 C. 340; 7 Bing. 530; l Bing. N. C. 192; 1 M.
& G. 76; 3 Bing. N. C. 688; 10 A. & E. 125. 3. The notice must state
that the holder, or other person giving the notice, looks to the person to whom
the no- tice is given, for reimbursement and indem- nity. Story on Bills, SS
301, 390. Although in strictness this may be required, where the language is
otherwise doubtful and uncer- tain, yet, in general, it will be presumed where
in other respects the notice is suffi- cient. 2 A. & E. N. R. 388, 416; 11
Mees. & Wels. 372; Sto on P. N. SS 353; 11 Wheat. 431, 437; 2 Pet. 543; 2
John. Cas. 237; 2 Hill, (N. Y.) R. 588; 1 Spear, R. 244.
4.-SS 2. In general the notice may be given by the holder or some one
authorized by him; Story on Bills, SS 303, 304; or by some one who is a party
and liable to pay the bill or note. But notice given by a stranger is not
sufficient. Chit. on Bills, 368, 8th edit.; 1. T. R. 170; 8 Miss. 704; 16 S.
& R. 157, 160. On the death of the holder, his executor or administrator is
re- quired to give notice, and, if none be then Appointed, the notice must be
given within a reasonable time after one may be ap- pointed. Story on P. N. SS
3Q4. When the bill or note i's held by partners, notice by any of them is
sufficient; and when joint- holders have the paper, and one dies, the notice may
be given by the survivor; the assignee of the holder who is a bankrupt, must
give notice, but if no assignee be ap- pointed when the paper becomes due, the
notice must be given without delay after his appointment; but it seems the
bankrupt holder may himself give the notice. Story on P. N. SS 305. If -an
infant be the holder the notice may be given by him, or if he has a guardian, by
the latter. .
5.-SS 3. The holder is required to give notice to all the parties to whom he
means to resort for payment, and, unless excused in point of law, as will be
stated below, such parties will be exonerated, and ab- solved from all liability
on such bill or note. Story on P. N. SS 307. But a party who purchases a bill,
and, without endorsing it, transmits it on account of goods ordered by him, is
not entitled to notice of its dis- honor. 1 Wend. 219; 4 Wash. C. C. 1. In cases
of partnership, notice to either of the partners is sufficient. Story on Bills,
SS 299; Story on P. N. SS 308; 20 John. 176; 2 How. Sup. Ct. It. 457. Notice
should be given to each of several joint endorsers, who are not partners. 1
Conn. 368; 4 Cowen, 126; 6 Hill, (N. Y.) R. 282; Story on Bills, SS 299. Notice
to an absent endorser may be given to bis gene- ral agent. 1 M. & Selw. 545;
16 Martin, (Lo.) R. 87. See 12 Wheat. 599; 4 Wash. C. C. 464; 3 Wend. 276.
6. - SS 4. The notice of dishonor must be given to the parties to whom the
holder means to resort, within a reasonable time after the dishonor of the bill,
when it is dis- honored for non-acceptance, and he must not delay giving notice
until the bill has been protested for non-payment. Bull. N. P. 271; 12 East,
434; 1 Harr. & J. 187; 1 Dall. 235; 2 Dall. 219, 233; 1 Yeates, 147; 3 Wash.
C. C. 396; 1 Bay, 177; 11 John. 187; 10 Wend. 304; 13 Wend. 133; 5 Halst. 139; 4
J. J. Marsh. 61; Paine, 156; 2 Hayw. 332; 2 Marsh. 616. Though formerly it was
doubtful whether the court or jury were to judge as to the reasonable- ness of
the notice in respect to time; 1 T. R. 168; yet, it -seems now to be settled,
that when the facts are ascertained, it is a question for the court and 'not for
the jury. 10 Mass. 84, 86; 6 Watts & S. 399; 3 Marsh. 262; 2 Harris R.
488;-Penn. 916; 1 N. H. Rep. 140; 17 Mass. 449, 453; 2 Aik. 9; Rice, R. 240; 2
7.-SS 5. In considering as to where the 'notice should be given, a difference
is made between cases, where the parties reside in the same town, and where they
do not. 1. When both parties reside in the same town or city, the notice should
either be personal or at the domicil or place of business of the party notified,
so that it may reach him on the very day he is entitled to notice. 1 M. & S.
545, 554; 2 Pet. 100; 1 Pet. 578, 583; Story on Bills, SSSS 284-290; 1 Rob. Lo.
R. 572; 3 Rob. Lo. 261; 20 John. 372; 1 Conn. 329; 17 Mart.,Lo. 137, 158, 359;
19 Mart. Lo. 492; Story on P. N. 322. But see 28 Pick. 305; 6 Watts & Serg.
262; 2 Aik. 263; 8 Ohio, 507, 510; Rice, R. 240, 243; 1 Litt. R. 194. If the
notice be put in the post office, the holder must prove it reached the endorser.
2 Pet. 121. But in those towns where they have letter carriers, who carry
letters from the post office and deliver them at the houses or places of
business of the parties, if the notice be put in the post office in time to be
delivered on the same day, it will be sufficient. Chit. on Bills, 504, 508, 513,
8th edit.; 1 Pet. 578; 11 John. 231. 2. When the parties reside in different
towns or cities, the notice may be sent by the post, or a special messenger, or
a private person, or by any other suitable or ordinary con- veyance. Chit. on
Bills, 518, 8th ed.; Story on P. N. SS 324; Bayl. on Bills, eh. 7, SS 2; 1 Pet.
582. When the post is re, sorted to, the holder has the whole day on which the
bill becomes due to prepare his notice, and if it be put in the post office on
the next day in time to go by either mails, when there is more than one, it will
in general be sufficient. 17 Mass. 449, 454; 1 Hill, (N. Y.) R. 263; but see
contra, 2- Rob. Lo. R. 117.
8. - SS6. The effect of the notice of dis- honor, when properly given, and
when it is followed by a protest, when a protest is requisite, will render the
drawer and en- dorsers of a bill or the endorsers of a note liable to the
holder. But the drawer and endorsers may tender the money at any time before a
writ has been issued; though the acceptor must pay the bill on present- ment,
and cannot plead a subsequent ten- der. 1 Marsh. 36; 5 Taunt. 240; S. C. 8 East,
9. - SS 7. The same reasons which will excuse the want of a presentment, will
in general excuse a want of protest. See Pre- sentment, contracts, n. 8, 9.
10.-SS 8. A want of notice may be waived by the party to be affected, after a
full knowledge of the facts that the holder has no just cause for the neglect or
omission. Story on P. N. SS 858. See Presentment, contracts, n. 9.
NOTICE, TO PRODUCE PAPERS, practice, evidence. When it is intended to
give seoondary evidence of a written instrument or paper, which is in: the
possession of the opposite party, it ii, 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 pos- session 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 Las obtained the instru- ment by
fraud. 4 Esp. R. 256. Vide 1 Phil. Ev. 425; 1 Stark. Ev. 862; Rosc. Civ. Ev.
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.
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 intrument 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 re- fuses 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 mo- tion 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.
NOTICE TO QUIT. A request from a landlord to his tenant, to quit the
premises lessed, and to give possession of the same to him, the landlord, at a
time therein men- tioned.
2. It will be proper to consider, 1. The form of the notice. 2. By whom it is
to be given. 3. To whom. 4. The mode of serving it. 5. At what time it must be
served. 6. What will amount to a waiver of it.
3.-SS 1. The form of the notice. The notice or demand of possession should
con- tain a request from the landlord to the tenant or person in possession to,
quit the premises which he holds from the landlord, (which premises ought to be
particularly described, as being situate in the street an city or place, or
township and county,) and to deliver them to him on or before a day certain,
generally, when the lease is for a year, the same day of the year on which the
lease commences. But where there is some doubt as to the time when the lease is
to expire, it is proper to add, " or at the ex- piration of the current year of
your tenancy." 2 Esp. N. P. C. 589. It should be dated, signed by the landlord
himself, or by some person in his name, who has been authorized him, and
directed to the tenant. The notice must include all the premises under the same
demise;, for the landlord cannot determine the tenancy as to part of the pre-
mises demised and continue it as to the residue. For the purpose of bringing an
ejectment, it is not necessary that the notice should be in writing, except when
required to be so under an express agreement be- tween the parties. Com. Dig.
Estate by Grant, G 11, n. p. But it is the general and safest practice to give
written notices, and it is a precaution which should always, when possible, be
observed, as it prevents mistakes, and renders the evidence certain and correct.
Care should be taken that the words of a notice be clear and decisive, with-
loat ambiguity, or giving an alternative to the tenant, for if it be really
ambiguous or op- tional, it will be invalid. Adams on Ej. 122.
4. -SS 2. As to the person by whom the notice is to be given. It must be
given by the person interested in the premises, or his agent properly appointed.
Adams on Ej. 120. As the tenant is to act upon the notice at the time it is
given to him , it is necessary that it should be such as he may act upon with
security, and should, there- fore, be binding upon all the parties con- cerned
at the time it is given. Where, therefore, several persons are jointly inte-
rested in the premises, they all must join in the notice, and if any of them be
not a party at the time no subsequent ratification by him will be sufficient by
relation to ren- der the notice valid. 5 East, 491; 2 Phil. Ev. 184. But if the
notice be given by an agent, it is sufficient if his authority is after- wards
recognized. 3 B. & A. 689.
5.-SS 3. As to the person to whom the notice should be given. When the
relation of landlord and tenant subsists, difficulties can seldom occur as to
the party upon whom the notice should be served. It should in- variably be given
to the tenant, of the party serving the notice, notwithstanding a part may have
been underlet, or the whole of the premises may have been assigned; Adams on Ej.
119; 2 New Rep. 330, and vide 14 East, 234; unless, perhaps, the lessor has
recognized the slb-tenant as his tenant. l0 Johns. 270. When the premises are in
possession of two or more as joint-tenants or tenants in common, the notice
should be to all; a notice addressed to all, and served upon one only, will,
how- ever, be a good notice. Adams on Ej. 123.
6. - SS 4. As to the mode of, serving the notice. The person about serving
the no- tice should make two copies of it, both signed by the proper person,
then procure one or more respectable persons for wit- nesses, to whom he should
show the copies, who, upon comparing them, and finding them alike, are to go
with the person who is to serve the notice. The person serving the notice then
in their presence, should deliver one of these copies to the tenant personally,
or to one of his family, at his usual place of abode, although the same be not
upon the demised premises; 2 Phil, Ev. 185; or serve it upon the person in
possession; and where the tenant is not in possession, a copy may be served on
him if he can be found, and another on the person in posses- sion. The witnesses
should then, for the sake of security, sign their names on the back of the copy
of the notice retained, or otherwise mark it so as to identify it, and they
should also state the manner in which the notice was served. In the case of a
joint demise to two defendants, of whom one alone resided upon this premises,
proof of the service of the notice upon him has been held to be sufficient
ground for the jury to presume that the notice so served upon the premises, has
reached the other who resided in another place. 7 East, 553; 5 Esp. N. P. C.
7.-SS 5. At what time it must be served. It must be given three months before
the expiration of the lease. Difficulties some- times arise as to the period of
the commence- ment of the tenancy, and when a regular notice to quit on any
particular day is given, and the time when the term began is un- known, the
effect of such notice as to its being evidence or not of the commencement of the
tenancy, will depend upon the par- ticular circumstances of its delivery; if the
tenant having been applied to by bis land- lord respecting the time of the
commence- ment of the tenancy, has informed him, it began on a certain clay, and
in consequence of such information, a notice to quit on that day is given at a
subsequent period, the tenant is concluded by his act, and will not be permitted
to prove that in point of fact, the tenancy has a different commencement; nor is
it material whether the information be the result of design or ignorance, as the
landlord is in both instances equally led into error. Adams on Ej. 130; 2 Esp.
N. P. C. 635; 2 Phil. Ev. 186. In like manner if the tenant at the time of
delivery of the notice, assent to the terms of it, it will waive any
irregularity u to the period of its ex- piration, but such assent must be
strictly proved. 4 T. R. 361; 2 Phil. Ev. 183. When the landlord is ignorant of
the time when the term commenced, a notice to quit may be given not specifying
any particular day, but ordering the tenant in general terms to quit and deliver
up the possession of the premises, at the end of the current year of his tenancy
thereof, which shall, ex- pire next after the end of three months from the date
of the notice. See 2 Esp. N. P. C. 589.
8.-SS 6. What will amount to a waiver of the notice. The acceptance of rent
ac- cruing subsequently to the expiration of the notice is the most usual means
by which a waiver of it may be produced, but the ac- ceptance of such rent is
open to explanation; and it is the province of the jury to decide with what
views, and under what circum- stances the rent is paid and received. Adapms on
Ej. 139. If the money be taken with an express declaration that the notice is
not thereby intended to be waived, or accompanied by other circumstances which
may induce, an opinion that the landlord did not intend to continue the tenancy,
no waiver will be produced by the acceptance; the rent must be paid and received
as rent, or the notice will remain in force. Cowp. 243. The notice may also be
waived by other acts of the landlord; but they are generally open to
explanation, and the par- ticular act will or will not be a waiver of the
notice, according to the circumstances which attend it. 2 East, 236; 10 East,
13; 1 T. R. 53. It has been held that a notice to quit at the end of a certain
year is not waived by the landlord's permitting the tenant to remain in
possession an entire year after the expiration of the notice, not- withstanding
the tenant held by an improv- ing lease, that is, to clear and fence the land
and pay the taxes. 1 Binn. 333. In cases, however, where the act of the land-
lord cannot be qualified, but must of neces- sity be taken as a confirmation of
the ten- ancy, as if he distrain for rent accruing after the expiration of the
notice, or recover in an action for use and occupation, the notice of course
will be waived. Adam on Ej. 144; 1 H. BI. 311.
NOTING. The name of the minute made by a notary on a bill of exohange,
after it has been presented for acceptance or payment, consisting of the
initials of his name, the date of the day, month ana year when such presentment
was made, and the reason, if any has been assigned, for nonacceptance or
non-payment, together with his charge. The noting is not indispensable, it being
only a part of the protest; it will not supply the protest. 4 T. R. 175 Chit. on
Bills, 280, 398. See Protest.
NOTORIETY, evidence. That which is generally known.
2, This notoriety is of fact or of law. In general, the notoriety of a fact
is not suffi- cient to found a judgment or to rely on its truth; 1 Ohio Rep.
207; but there are some facts of which, in consequence of their notoriety, the
court will, suo motu, take cognizance; for example, facts stated in ancient
histories; Skin. 14; 1 Ventr. R. 149; 2 East, Rep. 464; 9 Ves. jr. 347; 10
Ves.jr. 854; 8 John. Rep. 385; 1 Binn. R. 399; recitals in statutes; Co. Lit. 19
b; 4 M. & S. 542; and in the law text books; 4 Inst. 240; 2 Rags. 313; and
the journals of the legislatures, are considered of such notoriety that they
need not be otherwise proved.
3. The courts of the United States take judicial notice of the, ports and
waters of the United States, in, which the tide ebbs and flows. 3 Dall. 297; 9
Wheat. 374; 10 Wheat. 428; 7 Pet. 342. They take like notice of the boundaries,
of the several states and judicial districts. It would be altogether
unnecesrary, if not absurd, to prove the fact that London in Great Britain or
Paris in France, is not within the jurisdiction of an American court, because
the fact is notoriously known.
4. It is difficult to say what will amount to such notoriety as to render any
other proof unnecessary. This must depend upon many circumstances; in one case,
perhaps upon the progress of human knowledge in the fields of science; in
another, on the extent of information on the state of foreign countries, and in
all such instances upon the accident of their being little known or pub- licly
communicated. The notoriety of the law is such that the judges are always bound
to take notice of it; statutes, pre- cedents and text books are therefore evi-
dence, without any other proof than, their production. Gresley, Ev. 293. The
courts of the United States take judicial notice of all laws and jurisprudence
of the several states in which they exercise original or appellate jurisdiction.
9 Pet. 607, 624.
5. The doctrine of the civil and canon laws is similar to this. Boehmer in
tit. 10, de probat. lib. 2, t. 19, n. 2; Mascardus, de probat conclus. 1106,
1107, et seq.; Menock. de praesumpt. lib. 1, quaest. 63, &c.; Toullier Dr.
Civ. Frau. liv. 3, c. 6, n. 13; Diet. de Jurisp. mot Notoriete; 1 Th. Co. Lit.
26, n. 16; 2 Id. 63, n. A; Id. 334, n. 6; Id. 513, n. T 3; 9 Dana, 23 12 Verm.
178; 5 Port. 382; 1 Chit. PI. 216, 225.