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N.
N. An abbreviation of .. No'Oellre." the NAKED DEPOSIT. A.. bailment ot good.
Novels of Justinian,.. used in citing them. to be kept for the depositor, without hire or
TayJ. Civil Law, 24. reward on either aide.
N. B. An abbreviation for "nota bene," lIce, which arises when, to a mert" stranger,
mark well, observe; als o "n'ulla bona. " no au t h o rity is given of disposing of an interest,
goods. in which he had not before. nor has by the
instrument cr ea t ing the power, any estate
N. D. An abbreviation for" Narthern Dls· whatsoever. Caines, Cas. 15.
trict."
NAKED TRUST. A dry or passive
N. E. I. An abbreviation tor "non est
trust; one wbich requires no action on the
Inventus," he is not foun d.
part of the trustee, ueyond turning over
N . L. An abbreviation of "non liquet," money or property to the cestui que trust.
(which see.)
NAM. In olu En glish law. A distreS'S
N . P. An abbreviation for "notary pub or seizure of chattels.
liCi" also for "nisipriuB." (q. '0.) .As a Latin conjunction, lor; because.
N. R. An abbreviation for "N ew Re Often used by the old writers in i nt ro ducin g
ports i" also for "not reported," and for" nOD the quotation of a LaUn maxim.
resident."
NAMARE. L. Lat. In old records. To
N. S. An abbrevia.tion for uNew Series;" take, seize, or distrai n.
also for "New Style."
NAMATIO. L. Lat. In old English
N A A M. The attaching or taking ot and Scotch law. A distraining or taking of
movable goods and chattels, called u'oif" or a di s tress ; an impounding. tipelman.
"mo'l'tl! according 88 the chattels were living
NAME. The designation of an individual
or dead. Termes de la Ley.
person, or of a firm or corporation. In law
NABOB. Ori ginally the governor of a a man cannot have moro than one Christian
province under the Mogul governmeut ofHin name. 1 !.d. Uaym. 562.
dostan. whence it became a mere tItle of any
man of high rank, upon whom it was con NAME AND ARMS CLAUSE. The
ferreu wiLhout any office being attached to it. popular name in E ngli sh Inw for the clause,
\Vils. Indian Gloss. sometimes inserted in a will or settlement by
which properly is given to a person, for the
NAIF. L. Fr. A villein; a born slave; a
purpose of imposing on him the cunditiou
bond woman. that he shall assume the surname and arms
NAIL. A lineal measure of two inches of the testator or settlor, witb a direc tion
NANTES, EDICT OF. A celebrated respecting the rights and duties which attach to it
as a constituent member of the family of nntions.
Jaw for the security of Protestants, made by
Such a. society, says Vattel, has her affairs and her
Henry IV. o f France, and revoked by Louis interest.s; she deliberates and takes resolutions in
XIV., October 2, 1685. common i thus becoming a moral person, who pos
sesses an understanding and will peculiar to her·
NANTISSEMENT, in French law, is the self, and is susceptible of obligations and right!!.
eontrll ct of pledge; if of a movable, it is cal'Jed Vattel, §§ I, 2.
"gage;" and if of an immovable, it is called The words"nation" and"people" are frequently
used as synonyms, but there is a grea.t difference
"antichrese." Brown.
between them. A nation is an aggregation of men
NARR. A common abbrevation of "nar speaking the same language, having the same cus
toms, and endowed with certain moral qualities
ratio," (q. '0.) A dl'claration in an action.
which distinguish them fl'om other groups of a
Jacob. like nature. It would follow from this definition
thM a nntion is destined toform only one 8t<lte. and
NARRATIO. One of the common law
that it constitutes one indivisible whole. Never·
Dames for a plaintiff's count or declaration, theless, the history of every age prosents us with
88 being 8 narrativ e of the facts on which be nations divided into several states. Thu8, Italy
relies. was for centuries divided among several different
governments. The pe01Jle is the collection of all
NARRATIVE. In Scotcb conveyancing. citizens without distinction of rank or order. All
That pa.rt of a deed which describes the gran men living under the same Qovernment compose
the pe01Jle of the state. In relation to the state,
tor, and person in whose favor the deed is
the citizens constitute tbe people i in relation to
gra nted, and states the cause (consideration) the human race, they constitut.e the nation. A
of granting. Bell. free nation is one not subject to a. foreign govern
ment, whatever be the constitution of the state; a
NARRATOR. A countor; a pleader who
people is tree when all the citizens can participate
draws narrs. SeTvie'lls narrator. a serjeant in a certain measure in the direction and in the
at law. Fleta, 1.2, c. 37. examination of public a.ffairs. The people is the
political body brought into existence by community
�ARROW SEAS. Those seas which run of la.ws, and the people may perish with these
between two coasts not far apart. The term laws. The nation is the moral body, independent
ie sometimes a pplied to the English chaD nel. of political reyolutions, because it is constituted
by inborn qualities which render it indissoluble.
Wha rton.
The 8tate is the people organized into a. political
NASCITURUS. Lat. That sball here body. Lalor, Pol. Enc. 8. 'V.
after be born. A term used in marriage set In Amp-rican constitutional law the word
tlements to designate the future issue of the "sta.te" is applied to the several members of
marriage. as distinguished from "natus." a the American Union, wbile the word "na
child already born. tion II is applied to the whole body of tbe peo
ple embmced within the jurisdiction of the
NATALE. The state and condition of a
federal government. COOley, Canst. Lim.!.
man acquired by birth.
See 7 Wall. 720.
NATI ET NASCITURI. Born and to
NATIONAL BANK. A bank incorpo
be born. .All heirs, near and r emote.
rated and doing business unLlt>r the laws of
NATIO. In old records. A nativ e place. the United States, as distinguished from a
Cowell. state bank, which derives its powers from
the authority of a particular state.
NATION. A people, or aggregation o f
men, existing i n the form of a n organized NATIONAL CURRENCY. Notes i.·
jural society. inhabiting a distinct portion of sued by national banks. and by the United
the earrh. spealdng the same language. using States go v ernment.
the same customs, possessing historic contin
NATIONAL DEBT. The money owing
uity, and dis tinguished from other like groups
by governm ent to some of the public, the in·
by their racial origin and characteristics, and
terest of which is paid out of the taxes raised
generally. but not necessarily, living under
by the whole of the public.
the same government and sov ereignty .
Besides the element.ol autonomy or self·govern NATIONAL DOMAIN. A term some
ment, that is, the independence of the communit.y times applied to the aggregate of tbe propert,
as a whole from the interference of a.ny foreign
oWllE:!d directly by a nat ion.
power in its a1!airs or any subjection to such power,
it is further necessary to the constitution of a nOr
NATIONAJ. DOMICILE. The domi·
tlon that it should be an organized jurn.l society,
cile of a perSall, ..:onsidered as being within
that is, both governing its own members by regula.r
law.. a.ud defining and protectin� their riehts, and the territory ot. a particular nation. and not
N A TJON AL GOVERNMENT �uo JliATURAL ALu.t;GIANCE
N willi reference to a parlicular localily or sub· Nll.TIVITA�. In old English law. Vii.
divh;ion of a nation . lenagei that state in which men were born
slaves. 2 Mon. Angl o 643.
NATIONAL" GOVERNMENT. The
government ot a whole nation. as distin· NATIVO HABENDO. In old English
guished from that of a local o r territorial di· law. A writ which lay for a lord when
vision of the nation, and also as distinguished his villein had run a way frOlp him. It was
from that of a league or confederation. directed to the sheriff, and commanded him
"A 1wU.oJwL government is a gO'vernment of the to apprehend Lhe villein, and to restore him
people ot a single !;!>tate or Dation, united as a com together with his goods to the lo rd . Bro wn.
munity by what is termed the ' social compact,'
and posRcssing complete and perfect supremacy N ATIVUS. A servant born. Rpelmun.
over persons and things, 80 far us they can be
malle the lawful objects of civil government. A Natura. appetit perfectum; itu. et lex.
Jedl.'TaL government is distinguished from a na Nature co vets perfection; 80 does law also.
tional government, by its being the government of
a community of independent and sovereign states,
llob. 144.
united by compact. n 6 Ohio St. 393.
NATURA BREVIUM. The name ot
NATIONALITY. That quality or char an ancient collection of original writs. accom·
acter which arises from the fact of a person's panied with brief comments and explanations,
belonging to a nation or sk1.te. Nationality oompiled in the time of Ed ward III. This is
determines the political status of the jndi� comruonly called HOld NaLuraBrevlum." (or
vidual, especially with reference to aUegi "0. X. 13 .... ) to distinguisb it from :E'itzht'c,
aoce; while domicile determines his civ i l bert's Natura Brevium. a later wod" cited
status. Nationalit.y arises either by birth or as uF. N. B," or "Fitzh. Nat. B rev. OJ
NATIONS, LAW OF. See INTERNA Natura non facit vacuum, nee lex BU
TIONAL LAW. pervacuum. Nature makes no vacuum, the
law nothin g purposeless. Co. Lilt. 79.
NATIVA. In old English law. A niefe
or female villein. So called because for the Naturre vis maxima; natura biB max
most part boud by nativity. Co. LiLt. 122b. ima. The force of nature is grf'atest; nature
is doubly great. 2 Inst. 564.
NATIVE. A natural-born subject or
citizen; a denizen by birth; one who owes NATURAL AFFECTION. Such a.
his liomicile or citizenship to t.he fact of his naturnIJy subsists be tw ee n near relatives. as
birth within tho country referred to. The a father and child. brother and Rister. hus
term may also include one born abroad, if band and wife. This is regarded in law as a
his parents were then ci tiz ens of the country. good consideration.
and not permanently residing in foreig n NATURAL ALLEGIANCE. In En
parts. glish law. That kind of allegiance which
NATIVI CONVENTIONARII. Vil is due from all men born within the ltingls
leins or bondmen by contract or agreement. dominions, immediately upon tlleir birth,
which is intrin�jc and perpe t ua l, and caunot
NAT IVI DE STIPITE. Villei ns or be divested by any act of tliei r own. 1 ill.
bouumen by birth 01' stock. Cowell. COUlm. 369; 2 Ke nt, Comm. 42.
NATURAL ALLEGIANCE 801 NATURAL LIFE
1. 11. pr.; Id. 3. 1. 2; Id. �. 8. pro naturale, was largely used in the philosoph
A child by concubinage. in contradistinc· ical speculations of the Roman jurists or the
tion to a child by marriage. Cod. 5, 27. Antonius age, and was intended to denote a
system of rules and principles for the guid.
NATURAL DAY. That space of time ance of human conduct whiCh, independent
included between the rising anti the setLing ly of enacted law or of the systems peculiar
of the sun. See DAY. to ally one people, might be discovered by
the rational intelligence of man, and would
NATURAL DEATH. I. Death result
ing from disease, or from natural forcf's be found to grow out of and conform to his
without the concurrence of man's agency; nat!we, meaning by that word his whole
us distinguished from "violent" death mental. moral. and physical constitution.
2. Physical death; the separation of Boul The point of ueparture for this conception
and body; as distinguished from "civil" was the Stoic doctrine of a life ordered "ac
death, which is the loss of rights and ju. cording to nature," which ill its tUrn rested
Naturale est quidlibet dissolvi eo modo NAULUM. In the civil law. Th.
quo Iigatur. It is natural for a thing to be freight or fare paid for the transportation of
unbound in the same way in which it was cargo or passengers over the sea ill a vessel.
bount!. Jenk. Cent. 66; Broom. Max. 'd77. This is a Latinized form of a Greek word.
N NAVIS BONA. Lat . A good.hlp; one ant Is about to leave tbe kingdomj it is only
that was staunch and stl'ong. well caulked, In cases where the Intenticn of the party to
and stUIened to bear the sea, obedient to her leave can be shown that the writ is granted.
helm, swift, and Dot unduly affected by the
wind. Calvin.
NE EXEAT REPUBLICA. Lat. In
American practice. A writ similar to that
NAVY. A tIeet of ships; the aggregate of ne exeat regnu, (g. v ) available to the
.•
of vessels of wal' belonging to an independ plaintiff in a civil suit. under some circum·
ent nation. stances, when the defendant is about to leave
the state.
NAVY BILLS. Bills drawn by ollicer.
rof the Englisb navy for their pay, etc. NE GIST PAS EN BOUCHE. L.Fr.
It does not lie in the mouth. A common
NAVY DEPARTMENT. One or the
phrase in the old books. Ye�l.rb. M. 8 Edw.
axecutlve departments of the United States.
II. 50.
presided over by the stcretary of the navy,
and having in charge the defense of the coun NE INJUSTE VEXES. Lat. In old
try by sea, by meana of ships of war and other Englisb practice.
A prohibitory writ. com
naval appliances. manding a lord not to demand from the ten·
ant more services than ,,,ere justly due by
NAVY PENSION. A pecuniary allow·
the tenure under which bis anceslors held.
ance mllde in cODsidentlon ot - past services
of some ODe ill the navy. NE LUMINIBUS OFFICIATUR. Lal
In the civil law. The nume of a servitude
NAZERANNA. A 8um paid to govern
which restrains the owner of a house from
ment as an acknowledgment for a grant of
making such erections as obstruct the light
lands. or any public office. Ene. Lond.
of the adjoining bouse. Dig. 8. 4. IS. 17.
NAZIM. In Hindu law. Composer. ar
NE QUID IN LOCO PUBLICO VEL
ranger. adjllster. The first oOker of a prov
ITINERE FIAT. Lat. That nothing
ince. and minister of the department of
shall be done (put or erected) in a public
criminal justice.
place or way. The title of an interdict in
NE ADMITTAS. Lat. In ecclesiastical the Roman law. Dig, 43. 8.
law. The Dame of 8 prOhibitory writ, di
NE RECIPIATUR. Lat. That it be not
rected. to the bishop. at the request of the
received.
A caveat or warning gl ven to 11
plaintiff or defendant. where a quare impedit
law officer, by a party in a cause, Dot to re
is pending. when either party fears that the
ceive the next proceedings of his opponent.
bishop will admit the other's clerk pend
1 Sell. Pr. 8.
ing the suit between them. Fitzh. Nat.
Brev. 37. NE RECTOR PROSTERNET AR
BORES. L. Lat. The statute 35 Edw. 1.
NE BAlLA PAS. L. Fr. ne did not
§ 2. prohibiting rectors. i. e., parsons, from
delivel'. A plea in detinue. denying the de-
cutting down the trees in church-yards. In
livery to the deftmdant of the thing sued for.
Uutland v. Green, 1 K�b. 357, it was extended
NE DISTURBA PAS. L. Fr. (Does to prohibit them from opening Hew miues and
or did not dist u rb ) In English practice.
. working the minerals therein. Brown.
The general issue or general plea in qua1'e
NE RELESSA PAS. L. Fr. Did not
imped it.' 3 Steph. Comm, 663. release. 'Vhere the defendant had pleaded
NE DONA PAS. or NON DEDIT. a release, this was the proper replication by
The general issue in a formedoD, now abol way of traverse.
ished. It denied the gift in tail to bave been N E UNQUES ACCOUPLE. L. Fr.
made in manner and form as alleged; and Never married. More fully, ne un.gues ac·
was therefore the proper plea. if the tenant couple en loiall mat1'imonie, never joined in
meant to dispute the fact of the gift. but did lawrul marriage. The name of a plea in the
not apply to any oLller case. 5 East, 289. action of dower ttnde nihil habet. by which
the tenant denied that the dowl'ess w as ever
NE EXEAT REGNO. Lat. I n Euglish
lawfully manied to the decedent.
practice. A writ which issues to restrain a
rerson from leaving Lhe kingdom. It was for- NE UNQUES EXECUTOR. L. Fr.
merly used for political purposes, but is now Never executor. The name of a plea by
ouly resorted to ill equity when the defend- I which the defendant denies that he IS au ex-
.
NE UNQUES SEISE QUE DOWER 805 NECESSAHY DOMIOIJ.E
ecutOf, as he is alleged to be; or that the Nec veniam, 100so numine, CasUB ha
plaintiff la an executor, as he claims to be. bet . Where the Divinity is insulted, the �.
t. unpardonable. Jenk. Cent. 167.
NE UNQUES SEISE QUE DOWER.
L. Fr .(Never seised of a dowable estate.) NECATION. The act ot killing.
In pleading. The general issue i n the action NECESSARIES. Things indispensable.
of dower unde nil habet. by which the tenant or things proper and llseful. tor the suste
denies that the demandant's husband was ever
nance of human life. This is a relati ve term.
,dssd of an estate of which dower might be
and its meaning will contract or expand ac
bad. Rose. Real Act. 219. 220. cording to tbe situation and social condition
NE UNQUES SON RECEIVER. L. of the person referred to.
Fr. In pIeading. The name of a plea In an In reference to the contracts of infants.
action of account·render, by which the de this term is not used in its strictest sense, nor
fendl..Tl t deniea that he ever was receiver of limited to that which is required to sustain
tbe plaintiff 12 Vin. Abr. 183. life. Those things which are proper and
suitable to eacb individual, according to his
NE VARIETUR. It must not be
Lat.
circumstances aDd condition in life, are nec
altered. A phrase sometimes written by a
essaries, if not supplied from some other
notary uFon a bill or note, for the purpose of
source. 12 Cush. 513. See, also, 133 Mass.
est.ahlishing its identity, which, however,
504; 114 Mass. 424; 8 C. P. Div. 401; 31
does Dot affect its negotiability. 8 Wheat.
Conn. 306.
838.
In the case of ships the term " n ecessaries"
NEAP TIDES. Those tides whlcb bap means 8uch things as are fit and proper for
pen bet ween the full and change of the mOOD, the service in which the ship is engaged, and
twice In every twenty-four hours. 18 Cal. such as the owner. being a prudent man,
21. would have ordered if present; e. g., anchors,
rigging, repairs. victuals. Maude & P . Shipp.
NEAR. This word, 88 applied to space,
71. ll3. The master may hypothecate the
can have no positive or precise meaning. It
ship tor necessaries supplied abroad so as to
is a rel&t1ve term, depending for its signifi
bind the owner. Sweet.
cation on the subject-matter in relHotion to
which it is used and the circumstances under Necessarium est quod non potest aliter
which it becomes necessary toapply itto sur se habere. That is necessary which cannot
rourlding objecu; . 5 Allen. 227. See. also, be otherwise.
44 Mo . 202; 31 Fed. Hep. 872.
NECESSARIUS. Lat. Necessary ; un
NE;AT, NET. The clear weight or quan avoidable; indispensable; not admitting at
tity of en article. without the bag, box, keg, chOice or the action of the will; needful.
or oth:!r thing in which it may be enveloped .
NECESSARY. As used in jurisprudence,
NEAT C A T T L E . Ox�n or heifers. the word "necessary " does notal ways import
"Beeves" may include neat stock, but aU an absolute physical necessity. so strong that
neat stock are not beeves. 36 Tex. 324; 32 one thing. to which another may be termeJ
To. 479. " necessary." cannot exist without that other.
It frequently imports no more than tbat one
NEAT-LAND. Land let out to the yeo
tiling is co!ivenient or useful or esst!ntial to
kIlRnry. Cowell.
another. To employ the means necessa1'y to
NEATNESS. In pleading. The stnte an end is generally undel'stood as employing
m,ent in apt and appropriate words of all the any means calculaLed to produce the end. and
necessary facts, and no more. Lawes, PI. 62. not as being con fined to those single meana
Nee curia deflceret in justitia exhi without wWch the end would be entirely un
benda. Nor ahould tile court be deficient in attainable. 4 Wheat. 316. 413.
Bhowlng justice. 4 lost. 63.
NECESSARY DEPOSIT. The nee..-
Nee tempus nec locus oecurrit regi e Bart/ deposit Is that which has been com
lenk. Cent. 190. Neither time nor place at pelled by Borne accident; such 89 fire, talling
tect. the king. down at a house, pillage, ship wreck, or other
casually. Clyil Code La. art. 2964.
Nee veniam effuso sanguine casus
habet. \Vhere iJlood is spilled, the case JI NECESSARY DOMICILE. That kind
unpardonable. S lnst. 57. of domicile which exists by operation of Jaw,
:K .EC.E�SAR " I11PLICA 1'1ON 806 l\E UESSITY, HOMICIDE BY
an office as obliges one. in the execution of p rohibited from doing something otherwise
ilublic justice, to put a malefactor to death lawful upon his estate, because it wil1 affect
who has forfeited his life to the laws of his the dom i nant estate, (as in terr upting tbe
eountry. But the law must require it, other l igh t and air from the latter by building on
wise it is not jus tifiable. 4 Bl. Comm. 1 78. the former. ) 2 Washb. Real Prop. 301; 70
N. Y. 447.
NECK-VERSE. Th. Latin s. ntenc••
" MisereJ'e mei. Deus," was so called , because NEGATIVE PREGNANT. In plead
the reading of it was made a test for thos e ing. A negative implying also an affirma.
who claimed benefit of clergy. tive. Cowell. Sucb a form of n egative ex
pression as may imply or carry wi thin it an
NEEDLESS. I n a statute again st " need
affi rmative. Steph. PI. 881. As if a man
less" killing or mutilation of any animal,
this term denotes an act done without any
be sai d to ha ve aliened land in fee, and he
says he has not aliened in fee, this is a neg4
usefu l motive, in a spirit of wanton cruelty.
ative pregnant; for, tho ugh it be true that
or for the mere pleasure of destruction. 37
he bas not aliened in fee. yet it may be tbat
Ark. 460; 4 Mo. App. 215.
be bas made an estate in tail. Cowell.
NEFAS. Lat. That which Is against
right or the divine law. A wicked or impi NEGATIVE STATUTE. A statut. ex.
ous thing or act. Calvin. pressed in negative term s ; a statute which
prohibi ts a thing from bei ng done, or declares
NEFASTUS. Lat. Inauspicious. .Ap
what shall not be done.
plied. in the Roman law, to a day on which it
was unlawful to open the courts or admin N E GLEe T • Omissio n ; failu re to do
ister j ustice. something that one is bound to do; careless
ness.
Negatio concluslonis est error in
The term is used in the law of bailment
lege. Wing . 268. The denial of a conclu
as synonymous with " negligence." But the
sion is error in law.
latter word is the closer translation of the
Negatio destruit negationem, at am Latin "neglige'ntia."
boo faciunt affirmationem. A negative As u':led III res pect to the payment of
des troys a negative, and both make an af money, refusal is tile failure to p ay money
firmative. Co. Litt. 14Gb. Lord Coke cites when demanded j neglect is the failure to pay
th i s as a rule of gram matical construction. money which the party is bound to pay with
not always applying in law. out demand. 6 Gray, 224.
Negatio duplex est affirmatio. A The term means to omit, as to neglect business
or payment or duty or work. and is generally used
double negative is an affirmative.
in this sense. It does Dot genera.lly imply care
NEGATIVE. A dcninl; a proposition lessness or imprudence, but simply an omission to
do or perform 60me work, duty, or aot. M N. Y.
by which s omething is denied ; a statement
262.
in the forID of denial. Two negatives do
not make a good issue. Steph. Pl. 386. 387. NEGLIGENCE. The omission to do
something which a reasonable man. guided
NEGATIVE AVERMENT. As op.
by those considerations which ordi narily reg.
posed t o the traverse or simple denial of an
ulaLe the conduct of human affairs, would do,
affirmative allegation, a negati ve averment
or doing something whicb a prudent and rea4
is an allegation of some substantive fact, e.
sonable man would not do. It must be de.
g., that premises are not in r�pair, which,
termined in al l cases by reference to the sit.
although negative in form, is realJy affirma
uation and knowledge of the parties and all
tive in Bubstance, and the party alleging the
the attendant circumstances. 15 Wall. 536j
fact of non�repair must prove it. Brown.
11 Exch. 784.
NEGATIVE CONDITION. On. by Negligence, in its civil relation, is such an
which it is stipulated that 8 given thing inadvertent i mperfection. by 8 responsible
.,hall nut happen. human (Igent. in the discharge of a legal duo
ty, as i mm edi ately produces. in an ordinary
NEGATIVE COVENANT. On. In
and nat ural sequence, a dam age to another.
w hich the covenantor binds himself not to
Whal'L. Neg. § 3.
do or perform a specified act or thing.
It is conceded by all the authorities tuat the
"
NEGATIVE EASEMENT. On. by standard by which to determine whether a
which the owner of the servient estate is person bas been guilty at negligence Is the
.
NEflLIGENCE 808 NEGOTIABLE WOllDS
N conduct of the prudent or careful or diligent une for a companion. Co. Litt. 24Gb,' Shep.
man. Bigelow, Torts. 261. Touch. 47G.
The failure to observe, for the protection of the
NEGOCE. Fr. B usiness; trnde; mall
intorests of another person, that degree of care,
vnmautIon, and vigilance which the circumstances
a.gement of affairs.
justly demand, whereby such other person sutrers
injury. Cooley, Torts, 6S0.
NEGOTIABILITY. In mercantile law.
The faUure to do wha.t a. reasonable aud prudent Transferable quality. That quality of bills
person would ordinarily have done under the cir of exchange and promissory notes which
cumst1l.noos or the situation, or the doing what
renders them transferable from one persou
such a person under the existing circumstances
would not have done. 95 U. S. 441.
to another. and from possessing which they
Tbe opposite of care and prudence ; tbe omission are emphatically termed " negotiable paper. "
to use tbe means reasonably necessary to avoid in 3 Kent, Comm. 74, 77, �9, et seq. See
jury to otbers. 39 TIL 353. Story, Bills, § 60.
Negligenco or cal'clessness si�nifies want of
cure, caution, attention, diligonce, or discretion in NEGOTIABLE. The word .. negotia
one having no pOSitive intention to injure tbe per-
tion, " as used by writers upon mercantile
80n complainIng thereof. The words "reckless, "
"indifIerent, ., "careless, " and "wanton" are never
law, means the act by whicb a bill of ex
understood to signify positive will or intention, change or promissory note i s put i nto circu
unless when joined with otber words which show lation, by being passed uy one of the origi nal
that they are to receive an artificial 01' unusual, if
parties to another person. " Negotiable"
Dot an unnatural, interpretation. 10 Bush, 67i.
Negligence is aoy culpable omission of n posi
means tlmt which is capable of being tr:�ns
tive duty, It differs from heedlessness, in that fen'ed by assignment; a thing which maybe
heedlessness is the dOing o f an act in violation of transferred by a sale and indorsf'ment or de
" negative duty, without adverting to its possible li very. This negotiable q unlity transfers the
consequences. In both cases there is inad\Tert
ence, and there is breach of duty. Aust. JUl'. § 630.
debt from the party to whom i t was original
ly owing. to the holder, when'the instrument
Negligence ia commonly classed under
is properly indorsed, so as to enable the lat·
three degrees.-sligbt, ordinary. and gross.
ter to suo, in his owo name, either t.he mak�
Slight negligence consists in the want of er of a. promissory note or the acceptor of a
great care and diligence; ordinary negli bill of exchange. nod the other parties to such
gence, in Lhe want of ordinary care and dili
instruments. such as the drawer of a. bill, or
gence; and gross neglig ence, in the want of the i ndorser of a bill or note. unless tile
Blight care and diligence. Civil Code Dak. holder has been guiltyof laches in giving the
§ 2102. See, further, CARE; GROSS NEGLI
required notice. It must, however, he pay.
GENCE; SLIGIIT NEGLIGENOE.
able to order or bearer, and, at all events. in
Negligence canDOt be considered "gross" unless
money only. and not out of any parLicular
evidenced by an entire failure to exercise care, or
by the exercise of so slight a. degreo of care as to
fund. 60 Ind. 250.
justify the belief that the person on whom caro
was incumbent was indifferent to the interest and
NEGOTIABLE INSTRUMENTS. A
welfare of others. 64 '!'ex, 156. general name for bills, notes, checks, t.rans
ferable bonds or coupons. letter!!. of credit.
NEGLIGENT ESCAPE. An escape
and other negotiable written securities.
from confinement effected by the prisoner Any written securities which may be trans·
without the knowledge or connivance of the ferred by indorsement and delivery or by de
keeper of the prison, but which was made livery merely. ao as to vest i n the indorsee
possible or practicable by the latter's negli· the legal title, and thus enable him to sue
gence, or by bis olUissiou of such care and thereon in his own name. Or, more technic
v igilance as he was legally bound to exercise
ally. those instruillents which not only calTY
in the safe-keeping of Lile prisoner. the legal title with them by indorsement or
NEGLIGENTIA. Lat. In the civil law. deli very, Imt carry as well, when t.ransfcned
Carelessness; inattention; the omission of before maturity. the right of tbe transferee
proper care or forethought. The term is not to demand the full amounts which their faces
exactly equivalent to our "negligence," in call for. Daniel, Neg. lnst. § 1a.
aSUlucll as it was not any negl'igentia, but A negotiable instrument i s a written prom
only a high or gross degree of it, that i se 01' request for the payment of a cel'taiu
amounted to culpa, (actionable or punisba. s u m of money to order or bearer. Civil Code
ble fault.) Cal. § 3087.
tialJility to bills. notes, checks, etc., in which . Neminem oportet esse sapientiore::n
they are inserted; tor instance, a direction legibus. Co. Litt. 97b. No man ought to
to pay to A. "or ordert> or " bearer. " be wiser than the la we..
mea, acd does not commonly include a mulat etiam justo pretio. No man is compelled to
to. 18 Ala. 720. sell his own property, even for a just price.
4 1nst. 275.
NEIl? In old English law. A woman
Nemo contra factum Buum venire po..
who was born a villein. or a bondwoman.
test. No man can contravene or contl'adict
NEIGHBORHOOD. A place near; an his own deed. 2 Inst. 66. The principle ot
adjoining or surrounding district; a more im estoppel by deed. Be.t, ET. p. 408, § 870.
mediate vicinity; vicinage. See 63 N. H.
Nemo dare poteat quod non ha.bet.
247 ; S N . Y. 502; S8 lowa, 484.
No man can give that which he bas not.
FI.ta, lib. s, c. IS, § 8.
NEMBDA. In Swedish and Gothic Jaw.
A jury 8 BI. Comm. 349, 359. Nemo dat qui non habet. He who
hath not cannot givo. Jenk. Cent . 250;
NEMINE CONTRADICENTE. Lat.
Broom, Max. 499n; 6 C. B. (N. S.) 478.
No one dissenting; no one votingin the nega..
tive. A phrase used to indicate the unanimous N e m o de domo sua. extrahi poteat.
conaent of a court or legislative body to a No one ean be dragged out of his own house.
jUdgment. resolution, vote. or motion. Com In other words. every man's house is biacae
monly abbreviated "mm. con." tlo. Dig. 50. 17, lOS.
�EMO DEBET. ETC. 810 NE�lO NASClTUU AHTIFEX
N Nemo debet bis punirl pro uno de� rightly to understand one part before he ha.&
licto. No man ought to be punished twice again and agai n read through the wuole.
for one offense. 4 Col,•• 430 ; 1 1 Col, •• 59b. Broom. Max. 593.
No mall shall be placed in peril of legal pen
Nemo est hreres viventis. No one is
alties more than once upon the same accusa4
the heir of a living person. Co. Litt. Sa, 22b.
tion. Broom, Max. 348.
No one can be h�ir during the life of his an
N a m o d e b e t bis vexari [si constat cestor. Broom. Max. 522, 523. No person
curioo quod sit] pro una at eadem causa.. can be the actual complete heir of another till
No man ought to be twice troubled or har the ancestor is previously dead. 2 BI. Corum.
assed [if it appear to the court that it is] for 208.
ODe and the same cause. 5 Coke, 6la. No
Nemo est supra leges. No one is above
man can be sued a second time for the same
the law. LoHt, 142.
causid of Hctio n, if once judgment has been
relldered. See Broom. Max. 327 348. J No Nemo ex alterius facto prregravari
man can be held to bail a second time at the debet. No man ought to be burdened in
suit of the same plaintiff for the same cause consequence of another's act. 2 Kent, Comm.
of Hction. 1 Chit. Archb. Pro 476. 646.
causa. No man ought to be a judge i n his is bound i n consequence of his advice. Mere
own ca use. 12 Coke, 114a. A. maxim de ad vice will not create tho obligation of a
rived from the civil law. Cod. 3. 5. Called mandate. Story, llaillll. § 155.
R "fundamental rultj of reason and of naL Nemo ex dolo suo proprio relevetur,
ural justice." Bu rrows, Sett. Cas. 194. 197. aut auxilium capiat. Let no one be reo
Nemo debet immiscere se rei ad se lieved or gain an advantage by his own fraud .
Namo debet in communione invitus ing out of his own wrong. Broom, Max.
teneri. No one should be retained in a part 297.
nership against his Will. 2 Sandf. 568. 593; Nemo ex suo delicto meliorem suam
1 Johns. 106, 114. conditionem facere poteat . No one can
Nemo debet locupletari aliena ja.ctura. make his condition better by his own mis·
No one ought to be en riched by another's deed. Dig. 50, 17. 134. 1.
•
NEiliO PATIUAM. ETC. 811 NEMO TENETUR. ETC.
Nema patriam in qua natuB est exuere, Nemo prresumitur allenam pesterita
n e lige antire debitum 6Jurare possit.
e tem sure prretulisse. No man is presumed
No man can renounce the country in which to have preferred another's posterity to his
he was born, nor abjure the obligation of his own. Wing. Max. p. 285. max. 79.
allegiance. Co. Litt. 129a; Broom, Max. 75,
Neme prreaumitur donare. No one is.
Fost. Cr. Law. 184.
presumed to gi ve. 9 Pick. 128.
Namo plus commodi hared! BUO relin
quit quam ipse habuit. No one leaves a Namo prresumitur esse Immemor
greater benefit to his heir than be bad him� Bure salutis, et maxima i n ar
ooternoo
..!t. Dig. 50. 17. 120. ticulo mortis. 6 Coke. 76. No ODe is pr&
sumed to be forgetful of his own eternal wel
Nema plus juris ad alium transferre fare. and particula.rly at the point of death.
potest quam ipse habet. No one can
trans�er more right to another than he has Nemo prresumitur Iudere in extre
himself. Dig. 50. 17. 54; Broom . Max. 467. mis. Noone is presumed to trifle at the poInt
469. of death.
Nema potest oontra recordum verift Nemo prresumitur malus. No one ill
care per patriam.No one can verify by presumed to be bad.
the country against a record. 2 Inst. 380. Nemo prohibetur plures negotiationes
The issue upon matter of record cannot be to sive artes exercere. No one is prohibited
the jury. A maxim of old practice. from following sev€lra] kinds of business or
Nema potest esse dominus et hoores. several a rts. 11 Coke, 54a. The common
No man can be both owner and heir. Hale, law doth not prohibit any person from using
Com. Law. c. 7. several arts or mysteries at his pleasure. Id.
Namo potest esse simul actor et ju Nemo prohibetur pluribus defension
dex. No one can be at once suitor andJ udge. ibue uti. Co. Litt. 304a. No one is pro
Broom, Max. 117. hibited from making use of several defenses.
Nemo t e n e t u r seipsum accusare. and those takin g no part wbaLever, " neu
NEW ASSIGNMENT. Under the com argument tn the order in which they stand
mon law practice. where the declaration in 1n the paper, on days appointed by tbe judgea
lUI oottOD is ambiguous. and the defendan t for the purpose. Brown.
pleads facta which are literally an answe r to NEW WORKS. In tbe clvJl law. By.
It. but not to the real claim .et up by the
new worl{ is understood every sort of edifice
plaintiff, the plaintiff's course is to reply by or other work which is newly commenced on
".,y ot Dew assign men t ; i. e., aUt"ge that be
any ground whatever. When the ancient
brought bis action not for the cause s upposed form of work is changed, either by an addi·
by the defendant, but tor some other cause
tion bei n g made to it or by some part of the
to which the plea bas no application, 8 aDcitmt work being taken away. it is styled
Steph. Comm. 507; Sweet.
also a 01 new work." Civil Code La. art. 856.
N E W F O R OLD. In makin g an ad
NEW YEAR'S DAY. The first day ot
justment or a partial loss under a policy of
J;lOuary. The 25th of March was the civil
marine insurance, the rul e is to apply the old
ond legal New Year's Day. till tbe alteration
materials towards the payment of t h e Tlew.
by deducting the value of them from the
of the style in 1752. when it was perma·
nently fixed at the 1st of Ja nuary. I n Scot
gro88 r:mount of the expenses for repairs, and
land the year was, by a prodamation, which
to aUow the deductio n of oue·third new/or
bears date 27th of November. 1599. ordered
old u pon the balance. 3 Kent, Comm. 339.
thenceforth to commence i n that k ingdom on
NEW INN. An Inn of chancery. See tho 1st of Jllnuary instead of the 25tb of
I1ms OF C!lA.NOEBY. March. Ene. Land.
NICKNAME. A sbort name; one nicked Nigrum nunquam excedere debet ru
or cut off for the sal\.e of brevity, w ith ou t brum. The black should never go beyond the
conv(;'ying any idea of opprobrium. and fre red , [t. e. the text of a statute should n eyer
qu en tly e vinri ng the strongest affecLion or be read in a sense morB comprehensive than
the most perfec t familiarity. Busb. Eq. 74. the fubric. or title. ] Tray. Lat. Max. 373.
ING. .A vile. base person, or sluggard ; return made by a sheriff, etc., when the cir.
chicken-hearted. Spelman. cumstances warrant it.
tB an action. either in bar or in abatem ent . facias or other writ which be has been un
When the plai nti ff has commenced bis pro able to serve on the defendant.
ceedings by bill, th e j Udgment is nihil capiut
Nihil habet forum ex Bcana.. The coud
p<r billam. Co. Litt 363.
has nothing to do with what is Dot before iL
Nihil consensui tam contrarlum est Bae. Max.
quam vis atque metus. Nothing is soop"
Nihil in lege intolerabilius est [qnam]
posed to cOllsent as force and lear. Dig. 50,
eo.ndem rem diverso jure censeri. Noth·
17. 116. ing is more intolerable in Jaw th an that the
Nihil de re acorescit ei qui nihil in same m atter. thin g. or case should be 8ub
te qua.ndo jus accresceret habet. Co . ject to d iffe rent views of law. 4 Coke. 93a.
Litt. 188. Nothing of a matter accrues to Applied to the di1!erence of opi ni on enter·
him who. when the right accrues, has nothing tained by d ifferen t court.8, as to the law of a
NIHIL EST. Lat. There is nothing . necessarium est. Nothing is more j ust
A form at return made by a sheri1f when be than that which is necessary. Dav. Ir. K.
has been unable to serve the writ. ".Although B. 12: Branch. Prine.
non est inventus is the more frequent return N i hi1 nequam est prlElsumend u m
in such a case, yet it is by no means as full Nothing wicked Is to be presumed. 2 P.
an answer to the command of th e writ as is Wms. 583.
. t.he retUl' D of nihil. That amo un ts to an
Nihil perfeatnm est dum aliquId re
avermen t that the defenllant has n othi n g in
stat agendum. Nothin g .1a perfect while
the uaili wick, no dw elli ng-house. no fAmily,
anythi ng remains to be done. 9 Coke. 9b.
no residence. nnll no personal presence to en
able the otficer to make the service required Nihil peti potest ante id tempus quo
by the act of assembly. It is thereFore a full per rerum naturam persolvi possit.
answer to Lhe exigency of the writ." 33 POl. Nothing can be demanded before the time
tit. 139. w hen , uy tile nat.ure of things, it can be paid .
Dig. 50. 17. 186.
Nihil est enim liberale quod non idem
justum. For there Is no thing generous which Nihil possumus contra veritstem. We
is not at the same time just. 2 Kent, Comm. can do nothi ng against truth. Doct. &
441. note a. Stud. dillI. 2. c. 6.
Nihil est magis ra.tioni consentaneum Nihil prrescribitur nisi quod possi
quam eodem modo quodque dissolvere detur. There is no prescription for that
quo confta.tum est. Nothing is more con which is not possessed. 5 narn. & Ald. 277.
sonant to reason than that a thing should be
dissolved or discharged in the same way in Nihil quod est contra rationem est
which it was created. Shep. Touch. 323. licitum. N ot.hi ng that is aga.inst reason la
lawful. Co. Lilt. 97b.
Nihil facit error nominiS oum de cor
Nihil quod est inconveniens est hei·
pore consta.t. 11 Coke, 21. An error as
tum. Nothing that is illconvenient is law
to a name is nothing when there is certainty
tuI. Co. Litl . 66a. 97b. .A. maxim very
u to the person.
frequently quoted by Lord Coke. but to be
NIHIL HA.BET. He bas nolhing. The taken in modern law with some qualification.
Dame of a return made by a sheriff to 8 scin Broom , Max. 180. 366.
NIHIL SIMUL INVENTUM, ETC. 816 NISI l'RLUS
utory name) In which the cause was tried to 20 Wend. 267: 23 N. Y. 25�: 13 N. Y . 121;
a jury, 115 distinguished from the appellate 6 D"er. 232.
court. See 3 BI. Cornrn. 58.
NOBILE OFFICIUM. In Scotch law.
NISI PRIUS CLAUSE. In practice. An eqUitable power of the court of session,
A clall8(' enterr'd on the record in an action to give relief when none is possible at law.
at law, authorizing the trial of the cause at Ersk. Inst. 1, 8, 22j BeIl.
nisi prius in the particular county desig
nated. It was first used by way of continu Nobiles magis plectuntur pecunia j
ance. plebes vera in corpore. 3 lnst. 220 .
The higher classes are more pu nished in
NISI PRIUS ROLL. In practice. The
moneYi but the lower in pcrsoll,
roll or record contai l l i n g t h e pleadings, issue.
lind j u ry process of an action, made up for Nobtles Bunt, qui arma gentilitia an·
use in the nisi prius COl1rt. tecessor um suorum proferre poasunt.
2 Tnst. 595. The gentry are those who me
NISI PRIUS WRIT. The old name of
able to prod uce armorial bearings derived by
the writ of ve-nire. which originally. in pur
descent from their own ancestors.
suance of the statute of Westminster 2, COQ
taiued the nisi prius clause. Reg. Jud. 28.
N obiliol'es et benigniores prresump
75; Cowell.
tiones in dubiis Bunt prreferendoo. In
NIVICOLLINI BRITONES. In old cases of doubt, the more generous ailli wore
English law. Welshmen, because they live benign pres umptions are to be preferred • .A
civil-law maxim.
near high mountains covered with snow.
Du Cange. Nobilitas est duplex, superior at in
NO AWARD. The name of a plea in an ferior. 2 Inst. 583. There are two sorts of
action on au award, by which the defendant. nobility, the higher and the lower.
traVt'fSes tile a llegation .that an award was
NOBILITY. In English law. A divis
made.
ion of the pp.ople, comprehending dukes, m ar
NO BILL. This ph rase, when indorsed quises. earls, viscounts, and barons. These
by a grand jury on an indictment, i� equiva har! anciently duties an nexed to their re
lent to " not found,n " not a. true bill," or spective honors. They are created either
" igno1'am1J.s.n by writ, i. e .• by royal summons to attend
the house of peers, or by letters patent, i. e.,
NO FUNDS. This term denotes a lack by royal grant of any dignity and degree of
of ilSSl·ts or mOlley for a specific use. It is peerage ; and they enjoy many privileges, ex
tbe return made oy a ba.nk to a check drawn clusive of t.heir senatorial capacity. 1 Bl.
upon it by a person who has no deposit to Comlll . 396.
his credit thf>re; also by <In executor. trus·
tee, etc., who has no assets for the speCific N OC EN T . From Latin " nocet'e."
purpose. Guilty. liThe nocent person. " 1 Vern. 429.
tr who allows bis name to appear in the styl e NOMINATIVUS PENDENS. Lat. A
of the firm or to be used in its business. in nominative case gra mmatically uncon nected
the character of a partner, but who has no with the rest of the sentence In which it
actual interest in the firm or bu si ness . Story, stands . The ope n ing words in the ordinary
Partn. § 80. form of a deed inter partes, "This indent
nre, " ete., down to II whereas , " though an
NOMINAL PLAINTIFF. One wbo
intelligible and convenient part of the deed,
has no i nterest i n the 8ubject·m aUer of the
are of this kind. ·Wharton.
action, havi ng assigned tlte same to another,
(the real plaintiff in interest . or II use plain NOMINE. Lat. By name; by tbe name
tift, " ) but who must be joi ned as plaintiff, of; under the naIne or designation of.
because, under technical rules of practice,
NOMINE PCENlE. In tbe name of a
the suit cannot be brought directly in the
pe nalty .In the civil law, a legacy was said
name of the aSSignee.
to be left nomine pama: where it was left for
NOMINATE. To propo.e foran appoi nt;. the purpose of coercing the heir to do or not
ment; to designate for an offi ce, a priVilege, to do something. lost. 2, 20, 36.
a living, etc. The term has also been applied, in Engl isb
law, to some kinds of covenants, such as a
NOMINATE CONTRACTS. In tbe coven an t inserted in a lease that tbe lessee
civil taw. Contracts having a proper or pecul shall forfeit a certain sum Oil non-payment
iar name and form. and which were divided of rent, or on doing certain things, as plo w.
into fOlif kind� . express ive of the ways in ing up ancient meadow, and the Jike. 1
which they were formed, viz.: (1) Real , Crabb. Real Prop . p. 171. § 155.
whicb arose � re, from something done. (2)
verbal, ea:I Derbis, from something Raid; (3) NOMINEE. One who haa been nomlnat;.
literal , e::v literi" from something written; ed or proposed for an office.
and (4) con se nsual , ea; consen8U, from Borne- NOMOCANON. (1) A collection of can·
thing agreed to. Calvin. on8 and imperial laws relative or conformable
thereto. The first nom9canon was made by
NO MINATIM. By Dame; expressed ono
Johannes Scholasticus in 554. Photius, pa�
by one.
triarch of Cons tan tinople, in 8H3. compiled
NOMINATING AND REDUCING. another nomocanOD, or col lation of the civil
A mode of obtaining a panel of special jurors laws with the canonSj this is the most cele
In England, from which to select the jury to brated. Balsamon wrote a commentary up
try a particular action. T he proceedin g takes on it In llijO. (2) A collection or tbe ancient
place beforo the under-sheriff or secondary, canons of the apostles, councils, and fathers,
and in the presence of the parties' solicitors. without any regard Lo imperial constitut.ions.
Numbers denoting the personR on the sheriff's Such is the nomacanon by M. Cotelier. Ene.
Jist are put into a box and drawll un ti l forty Lond.
eight unch alle nged persons have been nomi.
NOMO GRAPHER. One wbo writ.. on
nated. Each party strikes (.Iff twelve. and
the subject of laws.
the remai ning twenty·four are retu rned 8S
t he I'panel,"(q. v.) This practice is now NOMOGRAPHY. A treatl .e or dee.rlp
only employed by order of the court or j Udge. tion of laws .
(Sm. Ac. lS0; Juries Act I870. § 17.) Sweet. NOMOTHETA. A lawgi ver ; lo ch sa
NOMINATION. An appointment or Solon and Lycurgus among the Greeks, and
designation of a person to fill an ofl1ce or dis· Cresar. Pompey, and Sylla among t. he Romans.
charge a duty. The act of suggesting or pro Cal vi n .
posi ng a person by name 88 a candidate for NON. Lat. Not. Tbe common parti cle
an office. ot negation.
NOMINATION TO A LIVING. In NON ·ABILITY. Want or abUity to do
English ecclesiastical The rights of
law. an act in Jaw, as to SUB. A plea founded up
nomi nating and of presenting to a living are on such cause. Cowell.
distinct. and may reside in different persons.
Presentation fa the offering a clerk to the NON ·ACCEPTANCE. Tbo reiusal '"
accept anything.
bl. bop. Nomination Ia the offering a clerk
to tbe person wbo bas tbe rigbt of present. NON ACCEPTAVIT. In pl eading. Tbo
atioll. Browlla name of a plea to an action of allUmp'"
NUll-ACCESS 820 NON COMPUS 1loEN'rIS
brought against the drawee of a bill of ex the entire subscription of one h undred per
change by which he denies that he accep ted ceut. shall have been paid. 9 1 U. S . 45.
tbe same.
NON-ASSUMPSIT. The general issue
NON -ACCESS. In legal parlance. 1-:lis in the action of aSi)1['mpsitj being a plea by
term denotes the absence of opport u n i ties Which the defendant avers that "he did not
for sexual intercourse between husband and undertake" or promise as all�ged.
wife; or t h e absence of such intercourse.
NON-AS SUMPSIT INFRA SEX AN·
Non accipi debent verba in demon NOS. He did not u ndertake within six
strationem falaam. qure competunt in years. The llame of the plea of the sta.tute
limitationem veraro. Words ought not to of limi tations, in the action of assumpsit.
be tal<13n to import a false demonstration
Non auditur perire volens. He who
which may have effect by way of true limita
is desirous to perish is not heard. Best, Ev .
tion. Baco Max. p. 59. reg. l3i Broom, Max.
423. § 385. lie w ho con iesses himself guilty
642.
of a cdme, with the view of meeting death,
NON ACCREVIT INFRA SEX AN will no.t be heard. A maxim of the foreign
NaS. It did not accrue within six years. law of evidence. Id.
The name of a plea by which the defendant
NON -BAILABLE. Not admit ting of
sets up the statute of lim ita.tions against a
baili not requiring bail.
cause of action which is barred after six
years. NON BIS IN IDEM. Not twice for the
same; that is, a man shall not be twice tried
::iON-ACT. A forbearance from action;
for the sarne crime. This maxim of tllecivil
life contrary to act.
In.w (Code, 9, 2 , 9, 11) expresses the same
NON-ADMISSION. The refusal of ad principle as the fctm ili ar rule of onr law that
mission. a man shall not be twice Uput in jeopardy"
for the same offense.
-r; ON-AGE. Lack of rC>.!uisite legal age.
The condition of n person who is under NON CEPIT. lIe did not take. The
t wenty-one YAar:; of age, in Borne cases, general issue in replevin, where the action is
and under fourteen or twelve in others; mi· for the wrongful taking of the property ; put.
nority. ting in issue not only the taki ng, but the
place in wbich tht! taking is slated to have
Non alio modo puniatur q.liquis quam
heen made. Steph. 1'1. 157. 167.
secundum quod se habet condemnatio.
3 lnst. 217. A person may not be punished NON-CLAIM. �he omission or neglect
differently than according to what the sen.. of him who ougM to claim his right within
tence enjOins. the time limited by law; as within a year and
a day where a continual claim was required,
Non aliter a. significatione verborum
or within five years after a fine bad been
recedi oportet quam cum manifestum
levied. Termes de la Ley.
est, aliud sensisse testatorem. We lDust
never depart from the signif ica.tion of words, NON-COMBATANT. A person con
u n less i t is evident that they are not con nected with an army or navy, but for pur
formable to the will of the testator. Dig. 32, poses other than fighting; such as the sur�
69, pr. ; Broom, Max. 568. geoos and chaplains. AIlSa a ne u tral .
ory, but by tbe act of GOO has lost tt; third, a tion than he to whose rights I succeed. Dig.
lUnatic. Zunaticu8 qui gattdet lucidis tntervalM8. 50. 17. 175. 1 .
wbo sometimes 1» of good sound mind and memo
ry, and sometimes non compos 11lC'llt/..8 ; fourt� Non debet aetori Heare quod reo non
ODe who !JI non compos m,e-ntls by his own act., as
permittitur. A plaintiff ought not to be
a drtu..:.kard. OJ Lltt.., 247a; • Coke, 124; 6 Neb.
allowed what Is not permitted to a defend·
to<.
8nt. Arule of the civil law. Dig. 50. 17.41.
1: on cO!lcede.ntur citationes prius
qurm exprimatur super qua re fieri Non debet adduci exceptio ejus rei
debet c1tatio. 12 Coke, 47. Su mmo ns l's CUjUB petitur dissolutio. A plea of the
sb01!ld not be grantsd before it is exp ress ed same matter the dissolution of which is
on wh"t matter the summons o ugh t to be so ught [by tbe action] ough t not to b.
made. brought forward. Broom, Max:. 166.
NON CONCESSI1'. Lat. He d id not Non debet alii nocere, quod inter
grant. Th3 n ame of 8 plea denying a gmnt, alios actum est. A person ought not to
which could be made only by a stranger. be prej udiced by wh at has been done be.
t w een otbers. Dig. 12. 2, 10.
N ON-(10NFORMIST. In En gl i sh law.
Non debet alteri per alterum iniqua.
ene who refllee� to comply with others; one
conditio inferri. A burdensome condition
wbo refuses to j oin in the established forms
ought not to be bro ugh t upon one m an by
of worshlp.
the act of another. Dig. 50, 17, 74.
Non*conformJsts are of two Barm: (1)
Such as absent themselves from divine WOf Non debet cui plus licet, quod minus
ahip lD the Established Church thro ugh total est non licere.He to whom the greater is
Irreligion, and attend the service of no ot her lawful ought not to be debarred from the less
pers uasion i (2) euch as attend tile religio us 8S unlawful. Dig. 50, 17, 21; Broom, Max.
sAntee of another pers uasJ oll . Wharton. 176.
Non consantit qui errat. Brac t. fol. Non debet dici tendere in prmjudi
'-4. He who mistakes does not consent. clum ecclesiBsticfB llberatat1s quod pro
rage et republica necessarium videtw-o
NON CONS':i'AT. Lat. It does not ap.
2 lnst . 625. That which seems necessary for
PM!'j it is n�t elMr or evident. A phrase
the king and the state ought not to be said to
used in gen�r� 1.0 state some con cl u sion as
tend to the prejudice of sp ir itual liberty.
Doi necessarily follow in g although it may ap
pear on its face to follow. Non decat homines dedere cause non
cognita. ltis unbect>m ing to surrender men
NO�'-CO.N·TINUOUS EASEMENT.
when no cause is shown. 4 Johns. Ch, 106.
A non�avps:,rent or discontinuous easement.
114; 3 Wheel. Crim. CM. 473. 482.
1 8 N. J. Eq. 262. See EASEMENT.
NON DECIMANDO. See DE NON DE
NON CULPABILIS. Lao. In pleading. OIMANDO.
Not guUty. It is usually abbreviated "non
cuI. "
Non decipitur qui scit se decip1 5
Coke. 60. lie is not deceived who knows
NON DAMNH'ICATUS. Lnt. No t himself to be deceived.
Injul'OC-. This ;8 a plea in an action of debt
NON DEDIT. Lat. In pleading. He
on an i nde m !li ty bond. or bond conditioned
did no t grant. The general issue in forme
"La keap the plaintiff harmless and indemni
don.
fied. U etc. It is in the nature of a plea of
rerformance, being used where the defendant NON-DELIVERY. Neglect. tailure. or
mnlln8 to allt"ge that the p lain ti ff has been refu sal to deli ver goods. on the part of a car
k opt harmle8!! aud indemnified, according to rier, vendor, bailee. etc.
lue t�nor of the condition. Steph. Pl. (7th
NON DETINET. Lat. He doe. not
Ed ) 300, 301.
detain. The name of the general issue in
Non dat qut non habet. He who has the action of detinue. 1 Tidd, Pro 645.
net dOfB not give. Lofft, 258; Broom, Max . The general issue in the action of repleVin,
i67. where the action is for the wrongful deten.
tlon only. 2 Bu rri ll, Pro 14.
Non debeo melioris conditionis esse,
quam auctor meus a quo jus in me Non differunt qum concordant re.
transit. I ought not to be in better condl- J tametsi non in verbis iisdem. Those
NON DIMIS1T 822 NON FE(;IT. ETC.
N things do not differ which agree in substance, NON EST FACTUM. Lat. A plea by
though not in the same words. Jenk. Cent. way ot traverse, which occurs in debt on bond
p. 70. case 32. or other specialty, and also in covenant. It
denies that lhe deed mentioned in tlle dechua
NON DIMISIT. L. Lat. He did not de tion is the deftmdant.' s deed. Under this. the
mise. A plea resorted to where a plaintiff defendant may contend at the trial that. the
declared upon a demise without stati ng thE'! in·
deed was never executed In point of fact;
denture i n arfaction of liebt for rent. Also, a
ot
but he cannot deny its validity in point
plea in bar, in replevin, to an avowry for ar
law. '
V bad..ono
rears of rent. tbat the a\'owantdid not demise.
The plea of non est factum is a denial of
NON-DIRECTION. Omission o n tbe the execution of the instrument sued upon.
part of a judge to properly instruct the jury and applies to notes or other instruments, as
upon 8 necessary conclusioll of law. well as deeds, and applies only when the ex:
ecution of the instrument is alleg�d to be
NON DISTRINGENDO. A writ not the act of the party filing the plea, or adopted
to distrain . by him. Code Ga. 18�2. § 3472.
Non dubitatur, etsi specia,1iter vendi NON EST INVENTUS. Lat. He i,
tor evictionem non promiserit, re evic not found. The sheriff's ret.urn to process r&
ts, ex empto competere actionem. It quiring him to arrest the body of the defend
fa certain tbat, althOugh the vendor has not ant, when the latter is not found within hiB
given a special guaranty, an action ex empto jurisdiction. It is often abbreviated "n. e.
lies against him. if the purchasel' is evicted. io." or written, in Englisb, U n ot found."
I
Code. 8, 45, 6 ; Broom, Max. 768.
Non est justum aliquem antenatum
Non efficit affectus nisi sequatur ef post mortem facere bastardum qui toto
fectus. The intention amounts to nothing tempore vitre sure pro legitimo habe
unl••• the elfect follow. 1 Rolle. 226. batur. It is noL j us t to make an elder-born 8
bastard after his deatb, who during his life
Non erit alia lex Romoo, alia Athoonis j time was accouuted legitimate. 12 Coke, 44.
alia nunc, alia posthac ; sed at omnes
gentes, at omni tempore, una lex, et Non est novum ut priores leges ad
aampiterna, et immortalis continebit. posteriores trahantur. It is no new thing
that prior statutes should give place to later
There will not be one law at Rome, another
at Athens; one law now, another hereafter;
ones. Dig. I, S, 36; Broom, Max. 28.
but one eternal and I m mortal law sha11 bind Non est regula quin fallet. Thereis no
together all nations th rougho ut all time. rule but w hat may fail. Off. Exec. 212.
Cic. Frag. de Repub. lib. 3; 3 Kent. ComIn. 1.
Non est singulis concedendum, quod
Non est arctiuB vinculum inter hom per magistratum publica pOBsit fieri, no
ines quam jusjurandum. Tbere is no occasio sit majoris tumultus faciendi.
closer [or firmer] bond between men tban an That is not to be conceded to private persons
oath. Jenk. Cent. p. 126. easeM. \V hich can be pn blicl)' done by the magist.rate,
lest i t be the occasion of greater tumults.
·N on est certandum de regulis juris. Dig. 50. 17. 176.
There 18 n o disputing about rules of la W 0
waste agaInst the prohibition. .A plea to an any benefit thereot, but to put blm to 101.
actlon founded on a writ of estrepement for writ of right. Reg. Orig. 4.
waste. 8 BI. Comm. 226, 227.
NON -ISSU ABLE PLE AS. Thooe liP.
NON HlEC IN F<EDERA VENI. I on which a decision would not determine
cUd not agree to thesB terms. the action upon the merits, as a plea in
Non impedit clausula derogatoria quo abate ment. 1 Cbit. Arcbll. Pr. (12th Ed.)
minus ad eadem potestate fes dissol� 249.
vantur a qua. constituuntnr. A derogatory
NON-JOINDER. The omission to join
clause does not impede things from being
lome person as party to a suit, whether
dissolved by the same power by which they
as plaintiff or defendar.t, who ought to
lte created. Broom. Max. 27.
have been so jOined, according to the rules
NON IMPEDIVI'l'. Lat. He did not of pleading and practice.
impede. The plea of the general issue i n
quare impedit. The Latin form of the Jaw NON JURIDICUS. Not j udicial; Dot
French "ne duturba pas." Jegal. Dies l10n juridicu,s is a day on whicb.
legal proceedings cannot be had.
NON IMPLACITANDO ALIQUEM
DE LIBERO TENEMENTO SINE NON-JURORS. In English law. Per
BREVI. A writ to prohihit ba!liffs, etc., 80ns who refuse to take the oaths, requilf4.
from distraining or impleading any man by law, to support tbe government.
touching his freebold without the king's
Non jus ex regula, sed regula e:r
writ. Reg. Orig. 171.
jure. The law does not arise from the rulf'.
Non in legendo Bed in intelligendo (or maxim,) but the rule from the law
legis consistunt. The laws consist not in Tray. Lat. Max. 384.
being read, but in being understood.. 8
Non jus, sed seisina, facit stipltem.
Coke, 167 a.
Not right, but seisin, makes a stock. Fle�
NON INFREGIT CONVENTIO lib. 6, c . 2, § 2. It is not a mere right to en·
NEM. Lat. He did not break the contract. ter on lands, but actual seisin, which makes
The name of a plea sometimes pleaded in the a person the roat or stock frOID which all fut
action of covenant, and intended as a general ure inheritance by right of blood must be de
issue, but held to be a bad plea; there being, rived. 2 B1 Comm, 209, 312. See Broom,
properly speaking, no general issue in that Max. 525, 527.
action. 1 'fidd. Pro 356.
Non licet quod dispendio licet. That
NON-INTERCOURSE. 1. The refusal which may be [done only] at 8 loss is not al·
of one state or nation to have commercial lowed [to be done.] The law does not per
dealings with another; similar to an erne mit or require the doing of an act which will
bargo, (q. 'D. ) result only in loss. The law forbids such
2. The absence o f access, communication, recoveries whose ends are vaiu. chargeable,
or sexual relations between husband and and unprofitable. Co. Litt. 127b.
wite.
NON LIQUET. Lat. It is not clear.
NON INTERFUI. I was not present.
In the Homan courts, when any of the j udges,
A. reporter's note. T. Jones, 10.
after the hearing of a cause, were not satis
NON INTROMITTANT CLAUSE. fied that the case was made clear enougb for
In English law. A clause of a charter of a them to pronounce a verdict, they were priv
municipal borongh, whereby the borough is ileged to signify this opinion by casting a bal
exempted from the jurisdiction of the jUl' lot inscribed with the letters "N. L.," the
tices of the peace for the county. abbreviated form of the phrase linon liquet.'�
N NON MOLESTANDO. A writ tliat lay Is llOnorable. Dig. 50. 17. 144; 4 Johns. Cb.
for a person who was moles led contrary to 121.
the king's protection granted to him. Reg.
Non omnium qum 8. majoribua noe ..
Orig . l 84.
tria oonatituta aunt patest.
ratio l'eddi
Non nasci, et natum mori, paris. Bunt. Tbere cannot be given a reason for all the
Not to be born, and to be dead�lJorn, are the things which have been established by our
same. ancestors. Branch, Princ. j 4 Coke, 78i
Broom. Max. 157.
NON-NEGOTIABLE. Not negotiable;
not capable of passing tiUe or property by in· NON-PAYMENT. Tbe neglect, failure,
dorsement Bnd deli very. or refusal of payment of a debt or evidence
of debt when due.
Non obligat lex nisi promulgata. A
1aw is not obligatory unless it be promul. NON·PERFORMANCE. Neglect. fall.
gated. ure, or refusal to do or perform an act stipu·
Non observata. forma, infertur adnu!·
lated to be done, Failure to keep the telIDS
latio actus. 'Where form is not observed. an of a contract or covenant, in respect. to acta
or doings agreed upon.
annulling of the uct is inferred or follows.
12 Coke. 7 . Non pertinet ad judicem Becularem
cognoscere de iis quoo Bunt mere Bpi
NON OBSTANTE. Lat. Notwith
ritualia.a.n nexa. 2 1n9t. 48l::l . It bolongs
!Standing. Words Clllciently used in public
not to the sec ular judge to tak� cognizance
and private instruments, intended to preclude,
of things which are merely spiritual.
in advance. any interpretation contrary to
certain declared objects or purposes. Burrill. NON·PLEVIN. In old English law. D..
A clause frequent in old English statutes fault in not replevying land in due time, when
sml leLters patent, (so termed from its i n i tial tbe same was taken by the king upon a de
words,) importing a license from the crown fault. The consequence thereof ( loss or seis
to do a thing which otherwise a person would in) was abrogated by St. 9 Edw. HI. c. 2.
be rer;trained oy act of parliament from do
NON PONENDIS IN ASSISIS ET
ing. Crabb, Com. Law, 570; Plowd. 501;
Cowell. JURATIS. writ formerly granted for
A
A power in the crown to dispense with the freeing and discharging persons from serv
law'l til any particular case. This was abol ing on assizes and juries. Fitzh. Nat. Brav.
165.
ished by the bill of rights at tbe aevolution.
1 Bl. Com m. 342. Non possessori incumbit necessitaa
probandi possessiones ad se pel'tinere.
NON OBSTANTE V E R E D I C T O .
A person in possession is not bound to prove
Notwithstanding the verdict. judgment
A.
that the possessions belong to him. Broom.
entered by order of court for tbe plai nLiff, al..
:Max. 714.
though there has been a verdic t for the de
fendant, is so called. Non potest adduci exceptio ejus rei
cujus petitur dissolutio. An exception
Non omcit conatus nisi sequatur ef..
of the same thing whose avoidance is sought
fectus. An attempt does not harm unl es� a
cannot be made. Broum, Max. 166.
consequence follow. 11 Coke, 98.
Non potest probari quod probatum
N ON OMIT'!' A.S. A claus. "s""lly In·
non relevat. 1 .Exch. 9�, 92. That cannot
serted in writs of execution, in England, di
be pro\'ed which, if proved, is imrnaterial.
recting tbe sheriff " not to omit" to execute
the writ by reason of aoy liberty, because Non potest quis sine brevi agere. No
tbere are many Iibert.ies ot" districts in which one can sue without a writ. Fleta, lib. 2, c.
t.he sheriff lias no power to execute process 13, § 4. A. fundamental rule of old prnctiee.
unless he lias special authorl Ly . 2 Steph. Non potest rex gratiam facere cum
Comm. 630. injuria et damno aliorum. The ],ing can
Non omne damnum inducit injul'iam. not confer a fav o r 011 one subject which 00-
It is not every 108s that produces an inj ury . casions injury llnd loss to others. 3 lost.
Bract. 1'01. 45b. 236; Broom. Max. 63.
Non omne quod ticet honestum est. Non potest rex subditum renitentem
It is not everything which is permit.ted that. onerare impositionibus. The king cannat
NON FOTEST VIDERI. ETC. 825 NON SUM INFORMATUS
load a subjp.ct with impo sition against his idence; in whicb case he is to be d i scha.rged.
consent. 2 lnst. 61. Reg. Orig. 58.
Non potest videri desisse habere qui Non respondebit minor nisi in causa
nunquam habuit. TIe cannot be considered dotis. et hoc pro favore doti. 4 Ooke.
as baving ceased to have a thing who never 71. A minor shall not answer unless in a
had i�. Dig. 50, 17, 208. case of dower, and this in favor of dower.
is done. is regard ed. Co. Lilt. 36a. Bcripturas. Superfluities [tllings which
abound] do not usually vi tiate writings.
Non refert an quia assensum auum Dig. 50. 17. 94.
prrefert verbis, aut rebus ipsis et faetis.
10 Coi{ c. 52. It mutters not whether Non solum quid licet, sed quid est
t\ man
conveniens, est considerandum ; quia.
giv es his as::;ent by h is words or by his acts
nihil quod est inconveniens est licitum .
and deeds.
Not only what is la w f ul , but what is proper
Non refert quid ex mquipollentibus 01' con ven ient , is to be consiliered ; because
fiat. 5 Coke. 122. I t matters not which of noth ing that is inconvenient is lawful. Co
[two] e q u ivalents happen. Litt . 66a.
Non l'efel't verbis an factis fit 1'e\l"o NON SUBMISSIT. L"�. He did not
catio. 01'0. Car. 49. It matters not whether submit. A p l ea to au action of deht, on a
R revocat
ion is made by words or deeJ s. bond to perform an award. La t h e effect LhaL
the defendant did nut s1Jbmit to the arbitra.
NON -RESIDENCE. Residence beyond
tion.
the limits of the particular jurisdiction.
In ecclesiastical law. T he ahsence of NON SUI JURIS. Lat. Not hi s own
spiritual person s from their benefices. master. The opp os i te of s'ui ju1'is, (g. v.)
does not hold it. Pub. St. Mass. 1882. p. not upon words. but upon thi ngs themsalves.
)293.
Non videntnr qui errant consentire.
NON·TERM. The vacation between They are not considered to consent who
th� f ath er or mother by whom the felony on d was claimed in right of the clJUrch.
was ltot comm itted . Wharton.
NONAGIUM 827 NOT GUILTY BY STATUTE
other defense. without the leave of the court negotiable promfs:.Iory note. See Boumu
or a j udge. Mozley & Whitley. NOTE; NOTES ; JUDGMENT NOTE; PnOM
ISSORY NOTE; SOLD NOTE.
NOT POSSESSED. A special traverse
used in aD action o f trovAr, alleging that de NOTE A BILL. When a foreign bllJ
fendant wa3 not possessed. at the time of ac has been dishonored. it is usual for a notary
tion brought, of the chattels alJei{ed to have public to present it again on the satn(' day.
been eonvetted by him. and, if it be not then paid, to make a minute,
consisting of his initials, the day, month.
NOT PROVEN. A verdict in a Scotch
and year. antI reason. if a3signed. of non-pay
criminal trial, to the effect that the guilt of
ment. The making of this m i nute is called
the accused is not made out, though bis in
" noting the bHI." ·Wharton.
nocence is not clear.
ootice may be subdivided into : (a) Wbore there negotiable bill or note is dishonored by non·
exists &(:tow notice of matter, to which equity bas
acceptance on presentment for acceptance,
added constructive notice of facts, which an in�
quiry a1ter such matter would have elicited; and or by non�payment at its m aturity. it is the
(b) where there has been a designed abstinence duty of the holder to give immediate notice
from inquiry for the very purpose of escaping no of sucb dishonor to the drawer, if it be a bill,
tice. Wbarton.
and to the indorser, whether it be a bill or
Notice Is actual when it Is directly and person
ally given to the party to be notified ; and COD
note. 2 Daniel. Neg. Inst. § 970.
structive when the party, by ciroumstances, is
NOTICE OF JUDGMENT. It i. re
put 'mon inquiry, and must be presumed to have
had notice, or, by judgment of law, is held to have g uired by statute in several of the states that
bad noLiee. 14 Ga.. 145. the party for whom the verdict in an action
Every person who has actual notice of oircum has been gi ve n shall serve upon the other
etanoos 8umcient to put a prudent man upon in
party or his attorney a written notice of the
qui"S as to a particular fact has constructive no
time when judgment is entered. The time aI·
tice of the fact itsolf in all cases in which,
by prosecuting such inquiry, he might have lowed for taking an appeal runs from such
learned such fact. Civil Code Csl. S 19. notice.
Actual notice consists in express information of
a fact. Constructive notice is notice imputed by NOTICE OF LIS PENDENS. A no
the IllVI' to a person not having actual notice ; and tice Oled for the purpose of warning all per
every person who bas actua.l notice or circum sons that the title to certain property 1s in
at.a.nces sufficient to put a prudent man upon in
litigatiun, and that, if tbr;:y purchastl the de4
quiry as to a particular fact, and who omits to
make suoh inquiry with reasonable diligence, is feuclant's claim to the same, tiley are in dan�
deemed to have constructive notice of the fact ger of being bound by an adverse j udgroe.ut.
itself. 1 Dnk. T. 899, 400, 46 N. W. Rep. 1184;.
NOTICE OF MOTION. A notice in
In another sense, "notice" means infor�
writi ng, entitled in a C<l.use, stating tlmt, on a
mation of an act to be done or ,·equired to be
certain day designated, a motion will be made
done; as of a motion to be made, a tria l to be
to the court for the purpose or object stated.
bad, a plea or answer to be put in, costs to
be taxe::l, etc. N O TICE OF PROTEST. A notice
In this sense. "notice " means an advice, or writ given by the holder of. a bill or note to the
ten warning, in more or less formal shape, intend
drawer or indorser that the bill has been pro-
ed to apprise a person of some proceeding in which
bls interests are involved, or informing him of
tested for refusal of payment or acceptance.
Bome fact which it is his right to know and tbe
NOTICE OF TRIAL. A notice given
duty of the notifying party to communicate.
by one of the parties in an action to the other,
NOTICE, AVERMENT OF. In plead after an iesue bas been reached. that he in�
ing. The allegation in a pleading that notice tends to bring the cause forward for trial at
has been given . tho next torm of the court.
mons (cr other legal process. ) in English action may call on the other party by notice
practice. the court occasionally allows the to admit the existence and execution of any
plaintiff (or other party) to give notice in lieu docarnent, in order to save the expense of
of service. sucb notice being such as ,,,· i ll in all proving it at the trial; and the party refus
probability reach the party. This notice is ing to admit must bear the costs of proving
peculiarly appropriate in tbe case of a foreign� it unl�ss the judge certifies that the refusal
er out of the jurisdiction. whom it is desired to admit was reasonable. No costs of prov
to serve with a writ of summons. Sweet. ing a document will in general be allowed,
unless sucb a notice is given. Rules of
NOTICE OF ACTION. When it Is in
Court, .cxxU. 2 ; Sweet.
tended to sue certain particular individuals,
8S in the rase of actions against justices of NOTICE TO PLEAD. Thlo is • notice
the peace, it is necessary in Bome j urisdictiollS which, in the practice of some states. is pre
to give them notice of the action some time requisite to the taking judgment by default.
before. It proceeds from the plaintiff, and warns the
defendant that be must plead to the declara.
NOTICE OF APPEARANCE. A. no
tion or complaint within a prescribed time.
tic� given by defendant to a plaintiff that he
appears in the action in pp.rson or by attor NOTICE TO PRODUCE. In practicA.
ney. A notice in writing, given in an action at
NOT1CE TO QUIT 880 NOVATION
ought not to baIt, [i. e., b. imperfect.] 6 not presumeli. Halk. Lat. Max. 109.
obligation; the other to subst.itute a new one work. This was a species of remedy in the civil
In Ito place. Ci \'i! Code La. art. 2185. law, available to a person who thought hill
The term was originally a technical term rights or his property were threatened with
of the civil law, but is now in very general injury by the act of his neighbor in erecting
uBe in English and American jurisprudence. or demolishing any structure. (wb ich was
In the civil law, there are three kiwis of DOVa. called a "new work. " ) I n Bucb case, he
Lion : (I) Where the debtor and oreditor remain might go upon the ground, while the work
Ule same. but a new debt takes the place of the old
was in progress, and publicly protest against
on6 ; (2) where the debt remains the same, but 0.
newdebtoris substituted; (3) Where the debt and or forbid its com pletion, in the presence of
debtor remain, but a. now creditor is substituted. the workmen or of the owner or his repre
is Miss. 451. sentative.
N NOXA. Lnt. In the civil law. This dicate that they are lacking in some essential
term denoted any damage or injury done to legal requis ite.
persons or property by an unlawful act com·
mitted by a man's slave or animal. An ac-. NUDE CONTRACT. One made with·
out any consideration; upon whic hno actIon
tiOD for damages lay against tbe master or
owner, who, however. might escape further will lie, In conformity with the maXlm lieD
nudo pacta non oTitU1' actio." 2 Bl. Comm.
responsibility by deUvering up the offending
4%.
agent to the pnrty inju red. .. No:va" was also
used as the designation of toe offense com· NUDE MATTER. A bare allegation 01
mitted, and of its punishment, and sometimes a thing done, unsupported by evidence.
of the slave or animal dOiog the damage.
NUDUM PACTUM. Lat. A naked
Noxa sequitur caput. The injury [i. 6., pact; abare agreement; a promise or under·
Liability to make goou an injury caused uy a taking made without any con S i dera tion for it.
slave] follows the head or persoll. [i, e., at
taches to his master.] Heinecc. Elem. 1. 4, Nudum pactum est ubi nulla subest
t. 8. § 1231. causa prreter conventionem ; sed ubi
subest causa, fit obligatio, at parit ac
NOXAL ACTION. An action for dam. tionem. A naked contract is where there
age done by slaves or irrational animals •
. UJ no consideration except the agreement;
Sandars. Just. lnst. (5th Ed.) 457. uut, where there 1s a con:;iqeration. it be
Nuda pactio obligationem non parit. indecent, or unla wfu! personal condud, work·
A. nake d aP'l!eement [io e., without cOllsid ing an obstruction of or injury to the right
eration] Clues not beget an Obligation . Dig. of another or of the public, and producing
Broom. Max. 746.
2, 14, 7 , 4 ; such material annoyance. incon venience, dis·
NUDA PATIENTIA. Lat. Mere suf· comfort, or h ur t that the law will vresume a
terance. conseqnent damage, Wood. Nuis. § L
Anything which ia injurious to healt.h, or is ill·
NUDA POSSESSIO. Lat. Bare or decent or offensive to the senses, or an obstruction
mere possession. to the free use of property. 80 as to intedere wit.h
the comfortable enjoyment of lifo or property, or
Nuda. ratio et nuda. pactio non iigant unlawfully obstructs the free passage 01' uso, in tbe
aliquem debitorem. Naked reason and customary manner, of anynavigabJe lnkeor river.
bay, stream, canal, or basin, or any public park,
naked promise do not bind any debtor. Fle
square, street, or high way, I.a a Duisance. Civil
ta, .i. 2, c. 60, § 25. Code CaL § 3479,
NUDE. Naked. This word i. applied Nuisances are either publlc or prifJate. A
metR.pborically to a variety ot subjects to in- public nuisance is one which damagea all
NUISANCE BlI3 NULLA PACTI01<E, ETC.
persons who come within the sphere of its Nul prendra advantage de son tort
operation, thou gh it m ay vary in its effects demesne. No one sh all take adv an tage of
on in di vid uals. A private n uisance is one h is own wrong. 2 lust. 713; Broo m, Max.
limited in its inj uri ous effecfs Lo on e or Cew 290.
individual!. Generally. a pu blic n uis ance
Nul sans damage avera error ou at
gives no ri ght of action to any individual.
taint. Jenk. Cent. 823. No one shall bave
but, m ust be abated by a process instituted in
error or attaint unless he has sustained dam
the name of the state. A priv ate n uis ance
age.
gi ves H rig ht of acti on to the person i n j ured .
Code Ga. 1882, § 2997. NUL TIEL CORPORATION. No
A pubUc nuisauce Is one which nt\'ects at the !mch corp ora tion[exists.] The form of 8
lame time an entire community or neigbborhood , plea denying the existence of an alleged cor
or any considerable number of persons, although
poration .
the extent of the a.nnoyance or damage inflicted
upon individuals may be unequal. Civil Code Ca.l.
NUL TIEL RECORD. No Buch rec·
S 34&1.
A private nuisance is anything done to the burt
ord. A plea denying the existence of allY
or annoyance of tbe lands, tenements, or heredita such record RS that al leged by the plai ntiJ!.
ments of a.nother. It produces damage to but one It is the general pl�a in an action of debt on
or a few persons, and cannot be said to be public.
a jUdgment.
a Bl. Comm. 216; 80 N. Y. 582.
A mixed nuisanoe is one whicb, while producing
NUL TORT. In pleading. A plea ot
Injury to the public at large, does some special
iama� to aome indivi.dual or class of individuals.
the general jssue to a real action. by wbich
Wood, Nuls. i 16. the defendant denies that he committed any
wrong.
NUISANCE, ASSISE OF. In old pmc·
tiCQ. A judicial writ directed to the sheriff NUL WASTE. No W<lste. The name
of tho coun�y in w hich a nu isan ce existed, i n pl ea in an action of waste. de nying the
of a
which it w as stated that the party inj u red committing of waste. and forming the gen�
eoro ple.:'Ced of some particul ar fact done ad eral issue.
nocumentum liberi teuementi sui, (to the nui4
NULL. Naught; of no validity or effect.
BUD'.:e of his freehold,) and commanding the
U sually coupled with the word " void ; " as
su m m on an assize (tha t is, a j ury)
sheriff to
" D ull and void. IJ
to view the premises, and have them at the
next comm issi on of assizes, that j ustice .:, ULLA BONA. Lat. No goods. The
might be done, etc. 3 Bl. Comm. 221. name of the return made by the sherIff to a
NUL AGARD. No award. The name Nulla curia qUiB recordum non habet
of a plea in an ac ti on on an arbitration bond, potest imponere finem neque aliquem
by whic h the defendant traverses the n aki ng
mandare eareeri ; quia ista spectant tan
of &ny legal aw ard . tummodo ad curias de rec ordo . 8 Coke.
Nul char ter, nul vente, ne nul done
60. No court which has not a record can
Nul ne doit s'enrichir aux depens Nulla pactione effici potest ut dolus
des autres. No o ne ou gh t to enrich him proostetur. By DO agreement can it be ef
tell at the expense of others . fected that a fraud shall be practiced . Fraud
.It..M.DIOT.LAw-58
NULLA YlRTUS. ETC. 884 N ULLUS DlClTUR. ETC.
N will not be upheld, thougb it may leem to be Nullum exemplum est idem omnibus.
authorized by express agreement. 5 Maule No example is the same for all pu rposes.
& S. 466; Broom. Max. 696. Co. Litt. 212a. No one precedent is adapted.
to all cases. A maxim in conveyancing ,
Nulla virtus, nulla scientis, locum
8uum et dignitatem conservare poteat N U J. L U M FECERUNT ARBI
Bine modestia. Co. Litt. 894. Withou t TRIUM. L. Lat. In pleading.
The name
modesty, no virtue, no knowledge, can pre- of a ple3 to an action of debt upon an obliga
serve its place and dignity. tion for the performance of an award, by
which the defendant denies that ho subm itted
Nulla terre sans seigneur. No land
to arbitration, etc. Bac. Abr .Arhitr,1I
without a lord. A maxim of feudal law.
. ••
etc., G.
Guyot. Inst. Feod. c. 28.
Nullum inlquum est prresumendum
Nulli eo1m res sua servit jure servi
in jure. 7 Coke, 71. No iniquity is to be
tutis. No ODe can have a servitude o...er bis
own property. Dig. 8. 2. 26; 17 Mas,. 443; presumed In law.
to be null and void is called a suit of "nulli_ law. A name given to the statute 3 Geo. III.
c . 16, because that act. i n contravention of
ty of marriage . " It differs from a n action
for divorce, because the latter supposes the the max im " NuUum. tem.pus ocr.urrit 1'egi,"
existence of a valid and lawful marriage. (no lapse of time bars the king.) limited the
See 2 Bish. Mar. &, Div. §§ 289-294. crown's right to soe, etc., to the period of
Sixty years.
NULLIUS FILIUS. The son ot no
Nullum tempus a.ut locus occurrit
body; a bastard.
regi. No time or place affects the king. 2
Nullius hominis auctoritas spud nos Inst. 273; Jenk. Cent. 83 ; Broom. Max. 65.
va.lere debet, ut meliora. non sequeremur
si quis attulerit. The autllority of no man Nullum tempus occurrit reipublicre.
ought to prevail with us, so far as to prevent No time ftlnS [time does not run] against
our following better [opinions] if any one the commonwealth or state. 11 Grat. 572.
Ihould present them. Co. Litt. 383b. Nullus alius qua.m rex possit episcopo
NULLIUS IN BONIS. Among the d e m a n d a r e inquisitionem facienda.m.
property of no person. Co. Litt. 134. No other than the king caD
com mand the bishop to make an inquisition.
N U L L I U S JURIS. In old English
law. Of no legal force. Fleta, lib. 2, c. 60, Nullus commodum capere potest de
from the court of chancery without a rem markets ; any buying and selling.
17, 55; Broom, MaI. 130. are never to resort to what 18 extraOrdinary,
but [until] wbat !a ordinary faila. 4. lust.
NUMERATA PECUNIA. In tbe civil 84.
law Money told or counted; money pald
by tale. Inst. S, 24, 2; Bract. fol. 85. Nunquam fictio sine lege. There 1. DO
fiction without law.
NUMMATA. Tbe price of anythin g in
money, 88 denariata is the price of a thing NUNQUAM INDEBITATUS. La&.
by computation of pence , and lfbrata of Never indebted. The name of a pIe" in aa
pound•• actiOIl of indebitatm assumpsit. by which
the defendant aneges that be !a not indebted
NUMMATA TERRlE. An acre of
to tbe plainti1f.
land. Spelman.
Nunquam nimis dicitur quod nun.
NUNC PRO TUNC. Lat. Now for
quam satis dicitur. What is never suffi
then. A phrase applied to acts allowed to be
ciently said is neTer said too much. Co. Lttt..
done after the time when they should be done,
875.
with a retroactive effect, i. e., with the same
effect as if regularly done. N u n qU 8 m prooscribitur in falso.
There is never a prescription in case of taJs&
NUNCIATIO. In tbe civil law. A sol
hood or forgery. A maxim in Scotch law.
emn declaration, usually in prohibiti on of a
Bell.
t.hing; a protest.
Nunquam res humanm prospera aue
NUNCI O. Tbe permanent official repre
cedunt ubi negliguntur divinm. Co. Lift
sentative or the pope at a foreign court or
15. Human things never prosper where di
aeat of government. 'Webster. They are
vine things are neglected.
called "ordinary" or "extraordinary, " accord�
ing as they are sent for general purposes or NUNTIUS. In oid English practice. .A
on a special mission. messenger. One who was sent to make au
NUPER OBIIT 836 NYCTHEMERON
N excuse for a party summoned. or one who ex NUPTIAL.' Pertaining to marriage; con·
plained as for a friend the reason of a party's stituting marriage; used or done in m,u,
absence. "Bruct. foI. 345. An oUicer of a ringe.
court; a summoner. apparitor, or beadle.
Nupti&s non concubitUB sed consen·
Cowell.
sus facit. Co. Litt. 33. Not cohabitation
NUPER OBlIT. Lat. In practice. Tbe but consent makes the marriage.
118lDe of a writ (now abolished) which. in the
NURTURE. The act of. taking cnre ot
English law. larfor a sister co-heiress dis
children, bringing them up, and educating
possessed by her coparcrner of lands and
them.
tenements whereof their father, brother, or
any common ancestor died seised of an estate NURUS. Lat. In the civil law. A
in fee-Simple. Fitzh. Nat. Brav. 197. 800'S wife; a daughter�in�law. Calvin.