A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, must be held to import that the same has been duly presented for acceptance or payment and the same refused, and that the holder looks for payment to the person to whom the notice is given.
§ 1865.Written Notice Construed According to Ordinary Acceptation of Its Terms
Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1865 requires a written notice, like any other writing, to be construed according to the ordinary acceptation of its terms, illustrated by the rule that a notice of protest on a bill or note implies proper presentment, refusal, and that the holder now looks to the recipient for payment.
Full Text of § 1865
Plain-English Summary
This section extends the ordinary-meaning presumption from Section 1861 specifically to written notices. A written notice is read the way any other writing is read, according to the ordinary acceptation of its terms, rather than being parsed for hidden or unusual meaning.
The section illustrates the point with a commercial example still on the books: a notice to the drawer or an indorser of a bill of exchange or promissory note that the instrument has been protested for want of acceptance or payment carries an implied meaning beyond its literal words. It is understood to mean that the instrument was duly presented for acceptance or payment, that payment or acceptance was refused, and that the holder now looks to the person receiving the notice to pay. The ordinary commercial understanding of the notice fills in what the notice itself does not spell out.
Frequently Asked Questions
How is a written notice interpreted under this section?
According to the ordinary acceptation of its terms, the same standard applied to writings generally.
What example does Section 1865 use to illustrate this rule?
A notice of protest on a bill of exchange or promissory note, which is understood to mean the instrument was presented and refused and that the holder now looks to the recipient for payment.
Does the notice have to spell out every one of those implications in so many words?
No. The ordinary understanding attached to a protest notice supplies those implications even where the notice does not state them explicitly.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: written notice ordinary meaning californianotice of protest bill of exchange interpretation