Notoriety


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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 sufficient 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 unnecessary, 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 publicly communicated. The notoriety of the law is such that the judges are always bound to take notice of it; statutes, precedents and text books are therefore evidence, 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 Vern. 178; 5 Port. 382; 1 Chit. PI. 216, 225.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"Maybe they wanted some sort of notoriety." LAWYER ON WRONGFUL CONVICTION PAGES 34-35
After Alex's death, Caren and Tom Teves helped organize a movement called No Notoriety. They understand that news media must report the name of the shooter in the immediate aftermath of the attacks.
The petition issued by Teefa in Trouble actor read, 'Shafi's false allegations got her short notoriety however discoloured my notoriety around the entire world.
Police have been making the rounds of a distant hamlet in Bihar which, of late, has earned notoriety as the "village of thieves" on the national crime map.
DOMENYK Lattlay-Fottfoy allegedly groomed and sexually assaulted young boys over several decades after plying them with drink and drugs and trading on his 'notoriety' and 'reputation' in Manchester, a court was told.
HARRY Kane's former Tottenham boss Andre Villas-Boas expects the striker will eventually leave Spurs - who face Huddersfield Town at Wembley on Saturday - if he craves "trophies and notoriety".
It comes as Andre Villas-Boas warned Kane he must leave Tottenham in search of "trophies and notoriety".
Now she wants to make the most of her notoriety by helping other husbands to play away.
A robber who gained notoriety by forcing his victims, mostly females, to undress to prevent them from chasing him, was arrested on Monday evening.
Summary: Brooklyn [U.S.A.], August 5 (ANI): Martin Shkreli, who gained national notoriety in the United States two years ago for jacking up the price of an AIDS drug, has been convicted of securities fraud for mismanaging two investment funds.
The 48-year-old grandmother could make PS1 million by cashing in on her notoriety with pub and club appearances.