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N.
802
NARRATIVE

N. An abbreviation of "Novella," the Novels of Justinian, used In citing them. Tayl. Civil Law, 24.
In English, a common and familiar abbre­viation for the word "north," as used in maps, charts, conveyances, etc. See Burr v. Broadway Ins. Co., 16 N. Y. 271.
N. A. An abbreviation for "non alloca­tur," it is not allowed.
N. B. An abbreviation for "nota bene," mark well, observe; also "nulla bona," no goods.
N. D. An abbreviation for "Northern Dis­trict"
N. E. I. An abbreviation for "non est in­ventus," he is not found.
N. Ii. An abbreviation of "non liquet," (which see.)
N. P. An abbreviation ror "notary pub­lic," (Rowley v. Berrian, 12 111. 200;) also for "nisi prius," (q. v.)
N. B. An abbreviation for "New Re­ports ;" also for "not reported," and for "nonresident."
N. S. An abbreviation for "New Series;" also for "New Style."
NAAM. Sax. The attaching or taking of movable goods and chattels, called "vif" or "mort" according as the chattels were living or dead. Termes de la Ley.
NABOB. Originally the governor of a province under the Mogul government of Hin-dostan, whence it became a mere title of any man of high rank, upon whom it was con­ferred without any office being attached to it. Wils. Indian Gloss.
NAIF. L. Fr. A villein; a born slave; a bondwoman.
NAIL. A lineal measure of two inches and a quarter.
NAKED. As a term of jurisprudence, this word is equivalent to bare, wanting in nec­essary conditions, incomplete, as a. naked con­tract, (nudum pactum,) i. e., a contract de­void of consideration, and therefore invalid; or simple, unilateral, comprising but a single element, as a naked authority, i. e., one which is not coupled with any interest in the agent, but subsists for the benefit of the principal alone.
As to naked "Confession," "Deposit," "Pos­session," "Possibility," "Power," "Promise," and "Trust," see those titles.
NAM. In old English law. A distress or seizure of chattels.
As a Latin conjunction, for; because. Often used by the old writers in introducing the quotation of a Latin maxim.
NAMABE. L. Lat. In old records. To, take, seize, or distrain.
NAMATIO. L. Lat. In old English and Scotch law. A distraining or taking of a distress; an impounding. Spelman.
NAME. The designation of an individual person, or of a firm or corporation. In law a man cannot have more than one Christian name. Rex v. Newman, 1 Ld. Raym. 562. As to the history of Christian names and surnames and their use and relative impor­tance in law, see In re Snook, 2 Hilt. (N. Y.) 566.
—Name and arms clause. The popular name in English law for the clause, sometimes in­serted in a will or settlement by which prop­erty is given to a person, for the purpose of im­posing on him the condition that he shall as­sume the surname and arms of the testator or settlor, with a direction that, if he neglects to assume or discontinues the use of them, the es­tate shall devolve on the next person in re­mainder, and a provision for preserving contin­gent remainders. 3 Dav. Prec. Conv. 277; Sweet
NAMIUM. L. Lat. In old English law.
.A taking; a distress. Spelman. Things,
goods, or animals taken by way of distress.
Simplex namium, a simple taking or pledge.
Bract, fol. 2056.
-Namium vetitum. An unjust taking of the cattle of another and driving them to an unlaw­ful place, pretending damage done by them. 3 Bl. Comm. 149.
NANTES, EDICT OF. A celebrated law for the security of Protestants, made by Henry IV. of France, and revoked by Louis XIV., October 2, 1685.
NANTISSEMENT, in French law, is the contract of pledge; if of a movable, it is call­ed "gage;" and if of an immovable, it is called "antichrese." Brown.
NABB. A common abbreviation of "nar-ratio," (q. v.) A declaration in an action. Jacob.
NABBATIO. Lat. One of the common law names for a plaintiffs count or declara­tion, as being a narrative of the facts on which he relies.
NABBATIVE. In Scotch conveyancing. That part of a deed which describes the gran­tor, and person in whose favor the deed is granted, and states the cause (consideration) of granting. Bell.

NARRATOR
803
NATIONALIZACION

NARRATOR. A counter; a pleader who draws narrs. Serviens narrator, a Serjeant at law. Fleta, 1. 2, c. 37.
NARROW SEAS. Those seas which run between two coasts not far apart. The term is sometimes applied to the English channel. Wharton.
NASCITURUS. Lat That shall here­after be born. A term used in marriage set­tlements to designate the future issue of the marriage, as distinguished from "natus," a child already born.
NATALE. The state and condition of a man acquired by birth.
NATI ET NASCITURI. Born and to be born. All heirs, near and remote.
NATIO. In old records. A native place. CJowelL
NATION. A people, or aggregation of men, existing \n the form of an organized jural society, inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic contin­uity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty. See Montoya v. U. S., 180 U. S. 261, 21 Sup. Ot 358, 45 L. Ed. 521; Worcester v. Georgia, 6 Pet 539, 8 L. Ed. 483 ; Republic of Honduras v. Soto, 112 N. Y. 310, 19 N. E. 845, 2 L. R. A. 642, 8 Am. St Rep. 744.
Besides the element of autonomy or self-gov­ernment, that is, the independence of the com­munity as a whole from the interference of any foreign power in its affairs or any subjection to such power, it is further necessary to the con­stitution of a nation that it should be an or­ganized jural society, that is, both governing its own members by regular laws, and defining and protecting their rights, and respecting the rights and duties which attach to it as a constituent member of the family of nations. Such a so­ciety, says Vattel, has her affairs and her inter­ests ; she deliberates and takes resolutions in common; thus becoming a moral person, who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights. Vattel, §§ 1, 2.
The words "nation" and "people" are fre­quently used as synonyms, but there is a great difference between them. A nation is an aggre­gation of men speaking the same language, hav­ing the same customs, and endowed with certain moral qualities which distinguish them from oth­er groups of a like nature. It would follow from this definition that a nation is destined to form only one state, and that it constitutes one indivisible whole. Nevertheless, the history of every age presents us with nations divided into several states. Thus, Italy was for centuries divided among several different governments. The people is the collection of all citizens with­out distinction of rank or order. All men liv­ing under the same government compose the people of the state. In relation to the state, the citizens constitute the people; in relation to the human race, they constitute the nation. A free nation is one not subject to a foreign gov­ernment, whatever be the constitution of the
state; a people is free when all the citizens can participate in a certain measure in the direc­tion and in the examination of public affairs. The people is the political body brought into ex­istence by community of laws, and the people may perish with these laws. The nation is the moral body, independent of political revolutions, because it is constituted by inborn qualities which render it indissoluble. The state is the people organized into a political body. Lalor, Pol. Enc. *. v.
In American constitutional law the word "state" is applied to the several members of the American Union, while the word "na­tion" is applied to the whole body of the peo­ple embraced within the jurisdiction of the federal government Cooley, Const. Lim. 1. See Texas y. White, 7 Wall. 720, 19 L. Ed. 227.
NATIONAL. Pertaining or relating to a nation as a whole; commonly applied in American law to institutions, laws, or af­fairs of the United States or its government, as opposed to those of the several states.
—National bank. A bank incorporated and doing business under the laws of the United States, as distinguished from a state bank, which derives its powers from the authority ot a particular state.—National currency. Notes issued by national banks, and by the United States government.—National debt. The mon­ey owing by government to some of the public, the interest of which is paid out of the taxes raised by the whole of the public.—National domain. See Domain. National domicile. See Domicile.—National government. The government of a whole nation, as distinguished from that of a local or territorial division of the nation, and also as distinguished from that of a league or confederation. "A national govern­ment is a government of the people of a single state or nation, united as a community by what is termed the 'social compact,' and possessing complete and perfect supremacy over persons and things, so far as they can be made the law­ful objects of civil government. A federal gov­ernment is distinguished from a national govern­ment, by its being the government of a com­munity of independent and sovereign states, united by compact." Piqua Branch Bank v. Knoup-, 6 Ohio St. 393.
NATIONALITY. That quality or charac­ter which arises from the fact of a person's belonging to a nation or state. Nationality determines the political status of the indi­vidual, especially with reference to alle­giance; while domicile determines his civil status. Nationality arises either by birth or by naturalization. According to Savigny, "nationality" is also used as opposed to "ter­ritoriality," for the purpose of distinguish­ing the case of a nation having no national territory; e. g., the Jews. 8 Sav. Syst § 346; Westl. Priv. Int. Law, 5.
NATIONALIZACION. In Spanish and Mexican law. Nationalization. "The na­tionalization of property is an act which de­notes that it has become that of the nation by some process of law, whereby private indi­viduals or corporations have been for speci­fied reasons deprived thereof." Hall, Mex. Law, § 749.

NATIONS, LAW OP 804
NATURAL LAW

NATIONS, LAW OF. See Intebnation-al Law.
NATIVE. A natural-born subject or citi­zen ; a denizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The term may also include one born abroad, if his parents were then citizens of the country, and not permanently residing in foreign parts. See U. S. y. Wong Earn Ark, 169 U. S. 649, 18 Sup. Ct 456, 42 L. Ed. 890; New Hartford v. Canaan, 54 Conn. 39, 5 Atl. 360.
NATIVUS. Lat In old English law, a native; specifically, one born into a condi­tion of servitude; a born serf or villein.
—Nativa. A niefe or female villein. So call­ed because for the most part bond by nativity. Co. Litt. 1226.—Nativi conventional!!. Vil­leins or bondmen by contract or agreement— Nativi de stipite. Villeins or bondmen by birth or stock. Cowell.—Nativitas. Villen-age; that state in which men were born slaves. 2 Mon. Angl. 643.—Nativo habendo. A writ which lay for a lord when his villein had run away from him. It was directed to the sheriff, and commanded him to apprehend the villein, and to restore him together with his goods to the lord. Brown.
Natura appetit perfectum; ita et lex.
Nature covets perfection; so does law also. Hob. 144.
NATURA BREVIUM. The name of an ancient collection of original writs, accom­panied with brief comments and explanations, compiled in the time of Edward III. This is commonly called "Old Natura Brevium," (or "O. N. B.,") to distinguish it from Fitzher-bert's Natura Brevium, a later work, cited as "F. N. B.," or "Fitzh. Nat. Brev."
Natura fide jussionis git strictissimi juris et non durat vel extendatur de re ad rem, de persona ad personam, de tempore ad tempos. The nature of the contract of suretyship is strictissimi juris, and cannot endure nor be extended from thing to thing, from person to person, or from time to time. Burge, Sur. 40.
Natura non faeit sal turn; ita nee lex.
Nature makes no leap, [no sudden or irregu­lar movement;] so neither does law. Co. Litt. 238. Applied in old practice to the reg­ular observance of the degrees in writs of entry, which could not be passed over per saltum.
Natura non facit vacuum, nee lex su-pervacuum. Nature makes no vacuum, the law nothing purposeless. Co. Litt 79.
Naturse vis maxima; natura bis max­ima. The force of nature is greatest; na­ture is doubly great 2 Inst 564.
NATURAL. The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in op-
position to the term "legal;" and then it means proceeding from or determined by physical causes or conditions, as distinguish­ed from positive enactments of law, or at­tributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions.
—Natural affection. Such as naturally sub­sists between near relatives, as a father and child, brother and sister, husband and wife. This is regarded in law as a good considera­tion.—Natural-born subjeot. In English law. One born within the dominions, or rather within the allegiance, of the king of England.— Natural fool. A person born without under­standing; a born fool or idiot. Sometimes call­ed, in the old books, a "natural." In re An­derson, 132 N. C. 243, 43 S. E. 649.—Natural life. The period between birth and natural death, as distinguished from civil death, (q. v.)
As to natural "Allegiance," "Boundary," "Channel," "Child," "Day," "Death," "Domi­cile," "Equity," "Fruits," "Guardian," "Heir," "Infancy," "Liberty," "Obligation," "Person," "Possession," "Presumption," "Bights," "Suc­cession," "Water-course," and "Year," see those titles.
NATURAL LAW. A rule of conduct arising out of the natural relations of human beings, established by the Creator, and exist­ing prior to any positive precept Webster. The foundation of this law is placed by the best writers in the will of God, discovered by right reason, and aided by divine revela­tion ; and its principles, when applicable, ap­ply with equal obligation to individuals and to nations. 1 Kent, Comm. 2, note; Id. 4, note. See Jus Natubale.
The rule and dictate of right reason, show­ing the moral deformity or moral necessity there is in any act, according to its suitable­ness or unsuitableness to a reasonable na­ture. Tayl. Civil Law, 99.
This expression, "natural law," or jut nat-urale, was largely used in the philosophical speculations of the Roman jurists of the Anto-nine age, and was intended to denote a system of "rules and principles for the guidance of hu­man conduct which, independently of enacted law or of the systems peculiar to any one peo­ple, might be discovered by the rational intelli­gence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical con­stitution. The point of departure for this con­ception was the Stoic doctrine of a life ordered "according to nature," which in its turn rested upon the purely supposititious existence, in primitive times, of a "state of nature;" that is, a condition of society in which men uni­versally were governed solely by a rational and consistent obedience to the needs, impulses, and promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions. See Maine, Anc. Law, 50, et seq.
We understand all laws to be either human or divine, according as they have man or God for their author; and divine laws are of two kinds, that is to say: (1) Natural laws; (2) positive or revealed laws. A natural law is defined by Burlamaqui to be "a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved." And he says that these are called "natural

NATURALE EST QUIDLIBET 305
NAVAL

laws" because a knowledge of them may be at­tained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature; while, on the contrary, positive or revealed laws are not founded upon the general constitution of hu­man nature, but only upon the will of God; though in other respects such law is established upon very good reason, and procures the ad­vantage of those to whom it is sent. The cere­monial or political laws of the Jews are of this latter class. Borden v. State, 11 Ark. 527, 44 Am. Dec. 217.
Naturale est quidlibet dissolvi eo modo quo ligatur. It is natural for a thing to be unbound in the same way in which it was bound. Jenk. Cent. 66; Broom, Max. 877.
NATURALEZA. In Spanish law. The state of a natural-born subject White, New Recop. b. 1, tit 5, c. 2.
NATURALIZATION. The act of adopt­ing an alien into a nation, and clothing him with all the rights possessed by a natural-born citizen. Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ot 375, 36 L. Ed. 103.
Collective naturalization takes place where a government, by treaty or cession, ac­quires the whole or part of the territory of a foreign nation and takes to itself the inhabit­ants thereof, clothing them with the rights of citizenship either by the terms of the treaty or by subsequent legislation. State v. Boyd, 31 Neb. 682, 48 N. W. 739; People v. Board of Inspectors, 32 Misc. Rep. 584, 67 N. Y. Supp. 236; Opinion of Justices, 68 Me. 589.
NATURALIZE. To confer citizenship upon an alien; to make a foreigner the same, in respect to rights and privileges, as if he were a native citizen or subject
NATURALIZED CITIZEN. One who, being an alien by birth, has received citizen­ship under the laws of the state or nation.
NATURALLY. Damages which "nat­urally" arise from a breach of contract are such as arise in the usual course of things, from the breach itself, or such as may rea­sonably be supposed to have been contem­plated by the parties when making the con­tract as the probable result of the breach. Mitchell v. Clarke, 71 Cal. 164, 11 Pac. 882, 60 Am. Rep. 529.
NATUS. Lat Born, as distinguished from nasciturus, about to be born. Ante natus, one born before a particular person or event, e. g, before the death of his father, before a political revolution, etc. Post natus, one born after a particular person or event
NAUCLERUS. Lat In the civil law. The master or owner of a merchant vessel. Calvin.
NAUFRAGE. In French maritime law. Shipwreck. "The violent agitation of the waves, the impetuous force of the winds, storm, or lightning, may swallow up the ves-
sel or shatter it, in such a manner that nothing remains of it but the wreck; this is called 'making shipwreck,' (faire naufrage.) The vessel may also strike or run aground upon a bank, where it remains grounded, which is called '6chouement f it may be dashed against the coast or a rock, which is called 'iris;' an accident of any kind may sink it in the sea, where it is swallowed up, which is called 'sombrer.'" 3 Pard. Droit Commer. { 643.
NAUFRAGIUM. Lat Shipwreck.
NAUGHT. In old practice. Bad; defec­tive. "The bar is naught." 1 Leon. 77. "The avowry is naught." 5 Mod. 73. "The plea is undoubtedly naught." 10 Mod. 329. See 11 Mod. 179.
NAULAGE. The freight of passengers in a ship. Johnson; Webster.
NAULUM. In the civil law. The freight or fare paid for the transportation of cargo or passengers over the sea in a vessel. This is a Latinized form of a Greek word.
NAUTA. Lat In the civil and maritime law. A sailor; one who works a ship. Cal­vin.
Any one who is on board a ship for the purpose of navigating her.
The employer of a ship. Dig. 4, 9,1, 2.
NAUTICAL. Pertaining to ships or to the art of navigation or the business of car­riage by sea.
—Nautical assessors. Experienced shipmas­ters, or other persons having special knowledge of navigation and nautical affairs, who are call­ed to the assistance of a court of admiralty, in difficult cases involving questions of negli­gence, and who sit with the judge during the argument, and give their advice upon questions of seamanship or the weight of testimony. The Empire (D. C.) 19 Fed. 559; The Clement, 2 Curt. 369, Fed. Cas. No. 2,879.—Nautical mile. See Mile.
NAUTICUM FCENUS. Lat. In the civil law. Nautical or maritime interest; an ex­traordinary rate of interest agreed to be paid for the loan of money on the hazard of a voy­age ; corresponding to interest on contracts of bottomry or respondentia in English and American maritime law. See Mackeld. Rom. Law, § 433; 2 Bl. Comm. 458.
NAVAGIUM. In old English law. A duty on certain tenants to carry their lord's goods in a ship.
NAVAL. Appertaining to the navy, (g. v.)
—Naval courts. Courts held abroad in cer­tain cases to inquire into complaints by the master or seamen of a British ship, or as to the wreck or abandonment of a British ship, A "naval court consists ©f three, four, or five members, being officers in her majesty's navy, consular officers, masters of British merchant ships, or British merchants. It has power to

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supersede the master of the ship with reference to 'Which the inquiry is held, to discharge any of the seamen, to decide questions as to wages, send home offenders for trial, or try certain of­fenses in a summary manner. Sweet.—Naval courts-martial. Tribunals for the trial of offenses arising in the management of public war vessels —Naval law. The system of regu-Jations and principles for the government of the navy.—Naval officer. An officer in the navy. Also an important functionary in the United States custom-houses, who estimates du­ties, signs permits and clearances, certifies the collectors' returns, etc.
NAVARCHUS. In the civil law. The master or commander of a ship; the captain of a man-of-war.
NAVICITLARIUS. In the civil law. The master or captain of a ship. Calvin.
NAVIGABLE. Capable of being navi­gated; that may be navigated or passed over in ships or vessels. But the term is gen­erally understood in a more restricted sense, viz., subject to the ebb and flow of the tide.
"The doctrine of the common law as to the navigability of waters has no application in this country. Here the ebb and flow of the tide do not constitute the usual test, as in England, or any test at all, of the navigability of waters. There no waters are navigable in fact, or at least to any considerable extent, which are not subject to the tide, and from this circumstance tide-water and navigable water there signify substantially the same thing. But in this coun­try the case is widely different. Some of our rivers are as navigable for many hundreds of miles above as they are below the limits of tide-water, and some of them are navigable for great distances by large vessels, which are not even affected by the tide at any point during their entire length. A different test must there­fore be applied to determine the navigability of our rivers, and that is found in their navigable capacity. Those rivers must be regarded as public navigable rivers, in law, which are navi­gable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. And they consti­tute navigable waters of the United States, within the meaning of the acts of congress, in contradistinction from the navigable waters of the states, when they form, in their ordinary condition, by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water." The Daniel Ball, 10 Wall. 563, 19 L. Ed 999. And see Packer v. Bird, 337 U. S. 661, 11 Sup. Ct 210, 34 L. Ed 819; The Genesee Chief, 12 How. 455, 13 L. Ed 1058; Illinois Cent. R. Co. v. State. "146 U. S. 387, 13 'Sup. Ct. 110, 36 L. Ed. 1018.
It is true that the flow and ebb of the tide is not regarded, in this country, as the usual, or any real, test of navigability; and it only op­erates to impress, prima fade, the character of being public and navigable, and to place the onus of proof on the party affirming the con­trary. But the navigability of tide-waters does not materially depend upon past or present actual public use. Such use may establish navi­gability, but it is not essential to give the char­acter. Otherwise, streams in new and unsettled sections of the country, or where the increase, growth, and development have not been suffi­cient to call them into public use, (would be ex-
eluded, though navigable in fact, thus making the character of being a navigable stream de­pendent on the occurrence of the necessity of public use. Capability of being used for useful purposes of navigation, of trade and travel, in the usual and ordinary modes, and not the ex­tent and manner of the use, is the test of navi­gability. Sullivan v. Spotswood, 82 Ala. 166, 2 South. 716.
—Navigable river or stream. At common law, a river or stream in which the tide ebbs and flows, or as far as the tide ebbs and flows. 3 Kent, Comm. 412, 414, 417, 418; 2 Hil. Real Prop. 90, 91. But as to the definition in Ameri­can law, see supra*—Navigable ?waters. Those waters which afford a channel for useful commerce. The Montello, 20 Wall. 430, »22 L. Ed. 391.
NAVIGATE. To conduct vessels through, navigable waters; to use the waters as a means of communication. Ryan v. Hook, 34 Hun (N. Y.) 185.
NAVIGATION. The act or the science or the business of traversing the sea or other waters in ships or vessels. Pollock v. Cleve­land Ship Building Co., 56 Ohio St. 655, 47 N. E. 582; The Silvia, 171 U. S. 462, 19 Sup. Ct. 7, 43 L. Ed. 241; Laurie v. Douglass, 15 Mees. & W. 746.
—Navigation acts, in English law, were va­rious enactments passed for the protection of British shipping and commerce as against for­eign countries. For a sketch of their history and operation, see 3 Steph. Comm. They are now repealed. See 16 & 17 Vict. c. 107, and 17 & 18 Vict. cc. 5, 120. Wharton—Naviga­tion, rules of. Rules and regulations adopt­ed by commercial nations to govern the steering and management of vessels approaching each other at sea so as to avoid the danger of colli­sion or fouling—Regular navigation. In this phrase, the word "regular" may be used in contradistinction to "occasional," rather than to "unlawful," and refer to vessels that, alone or with others, constitute lines, and not merely to such as are regular in the sense of being prop­erly documented under the laws of the country to which they belong. The Steamer Smidt, 16 Op. Attys. Gen. 276.
NAVIRE. Fr. In French law. A ship. Emerig. TraitS des Assur. c. 6, § 1.
NAVIS. Lat. A ship; a vessel.
—Navis bona. A good ship; one that was staunch and strong, well caulked, and stiffened to bear the sea, obedient to her helm, swift, and not unduly affected by the wind. Calvin.
NAVY. A fleet of ships; the aggregate of vessels of war belonging to an independ­ent nation. In a broader sense, and as equiv­alent to "naval forces," the entire corps of officers and men enlisted in the naval serv­ice and who man the public ships of war, in­cluding in this sense, in the United States, the officers and men of the Marine Corps. See Wilkes v. Dinsman, 7 How. 124, 12 L. Ed. 618; U. S. v. Dunn, 120 U. S. 249, 7 Sup. Ct. 507, 30 L. Ed. 667.
—Navy bills. Bills drawn by officers of the English navy for their pay, etc.—Navy de­partment. One of the executive departments of the United States, presided over by the secre-

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tary of the navy, and having in charge the de­fense of the country by sea, by means of ships of war and other naval appliances.—Navy pension. A pecuniary allowance made in con­sideration of past services of some one in the navy.
NAZERANNA. A sum paid to govern­ment as an acknowledgment for a grant of lands, or any public office. Enc. Lond.
NAZIM. In Hindu law. Composer, ar­ranger, adjuster. The first officer of a prov­ince, and minister of the department of criminal justice.
NE ADMITTAS. Lat. In ecclesiastical law. The name of a prohibitory writ, di­rected to the bishop, at the request of the plaintiff or defendant, where a quare impedit is pending, when either party fears that the bishop will admit the other's clerk pend­ing the suit between them. Fitzh. Nat. Brev. 37.
NE BAILA FAS. L. Fr. He did not
deliver. A plea in detinue, denying the de­livery to the defendant of the thing sued for.
NE DISTURBA PAS. L. Fr. (Does or did not disturb.) In English practice. The general issue or general plea in quare im­pedit. 8 Steph. Comm. 663.
NE DONA FAS, or NON DEDIT. The
general issue in a formedon, now abolished. It denied the gift in tail to have been made in manner and form as alleged; and was therefore the proper plea, if the tenant meant to dispute the fact of the gift, but did not apply to any other case. 5 East, 289.
NE EXEAT REGNO. Lat. In English practice. A writ which issues to restrain a person from leaving the kingdom. It was formerly used for political purposes, but is now only resorted to in equity when the de­fendant is about to leave the kingdom; it is only in cases where the intention of the par­ty to leave can be shown that the writ is granted.
NE EXEAT REPUBLICA. Lat. In American practice. A writ similar to that of ne exeat regno, {q. v.,) available to the plaintiff in a civil suit, under some circum­stances, when the defendant is about to leave the state. See Dean v. Smith, 23 Wis. 483, 99 Am. Dec. 198; Adams v. Whitcomb, 46 Vt 712; Cable v. Alvord, 27 Ohio St. 664.
NE GIST PAS EN BOUCHE. L. Fr.
It does not lie in the mouth. A common phrase in the old books. Yearb. M. 3 Edw. II. 50.
NE INJUSTE VEXES. Lat. In old English practice. A prohibitory writ, com-
manding a lord not to demand from the ten­ant more services than were justly due by the tenure under which his ancestors held.
NE LUMINIBUS OFFICIATUR. Lat
In the civil law. The name of a servitude which restrains the owner of a house from making such erections as obstruct the light of the adjoining house. Dig. 8, 4, 15. 17.
NE QUID IN LOCO PUBLICO VEL ITINERE FIAT. Lat. That nothing shall be done (put or erected) In a public place or way. The title of an interdict in the Roman law. Dig. 43, 8.
NE RECIPIATUR. Lat. That it be not received. A caveat or warning given to a law officer, by a party in a cause, not to re­ceive the next proceedings of his opponent 1 Sell. Pr. 8.
NE RECTOR PROSTERNET AR-BORES. L. Lat. The statute 35 Edw. I. S 2, prohibiting rectors, i. e„ parsons, from cutting down the trees in church-yards. In Rutland v. Green, 1 Keb. 557, it was extended to prohibit them from opening new mines and working the minerals therein. Brown.
NE RELESSA PAS. L. Fr. Did not re­lease. Where the defendant had pleaded a release, this was the proper replication by way of traverse.
NE UNQUES ACCOUPLE. L. Fr. Nev­er married. More fully, ne unques accouple en loiall matrimonie, never joined in lawful marriage. The name of a plea in the action of dower unde nihil haiet, by which the ten­ant denied that the dowress was ever law­fully married to the decedent
NE UNQUES EXECUTOR. L. Fr.
Never executor. The name of a plea by which the defendant denies that he is an ex­ecutor, as he is alleged to be; or that the plaintiff is an executor, as he claims to be.
NE UNQUES SEISE QUE DOWER. L.
Fr. (Never seised of a dowable estate.) In pleading. The general Issue in the action of dower unde nil haoet, by which the tenant denies that the demandant's husband was ever seised of an estate of which dower might be had. Rose. Real Act. 219, 220.
NE UNQUES SON RECEIVER. L. Fr.
In pleading. The name of a plea in an ac­tion of account-render, by which the defend­ant denies that he ever was receiver of the plaintiff. 12 Vin. Abr. 183.
NE VARIETUR. Lat It must not be altered. A phrase sometimes written by a notary upon a bill or note, for the purpose of establishing its identity, which, however,

NEAP TIDES
808 NECESSITAS EST LEX

does not affect its negotiability. Fleckner r. Bank of United States, 8 Wheat 338, 5 L. Ed. 631.
NEAP TIDES. Those tides which hap­pen 'between the full and change of the moon, twice in every twenty-four hours. Tesche-macher v. Thompson, 18 CaL 21, 79 Am. Dec 151.
NEAR. This word, as applied to space, can have no positive or precise meaning. It is a relative term, depending for its signifi­cation on the subject-matter in relation to which it is used and the circumstances under which it becomes necessary to apply it to sur­rounding objects. Barrett v. Schuyler County ' Court, 44 Mo. 197; People v. Collins, 19 Wend. (N. T.) 60; Boston & P. R. Corp. v. Midland R. Co., 1 Gray (Mass.) 367; In­dianapolis & V. R. Co. v. Newsom, 54 Ind. 125; Holcomb v. Danby, 51 Vt 428.
NEAT, NET. The clear weight or quan­tity of an article, without the bag, box, keg, or other thing in which it may be enveloped.
NEAT CATTLE. Oxen or heifers. "Beeves" may include neat stock, but all neat stock are not beeves. Castello v. State, 86 Tex. 324; Hubotter v. State, 32 Tex. 479.
NEAT-LAND. Land let out to the yeo­manry. Cowell.
NEATNESS. In pleading. The state­ment in apt and appropriate words of all the necessary facts, and no more. Lawes, PI. 62.
Nee curia deficeret in justitia exhi-benda. Nor should the court be deficient in showing justice. 4 Inst. 63.
Nee tempns nee locus occurrit regi.
Jenk. Cent. 190. Neither time nor place af­fects the king.
Nee venlam effuso sanguine casus na-bet. Where blood is spilled, the case is un-f pardonable. 3 Inst 57.
Nee veniam, lseso nomine, casus ha-bet. Where the Divinity is insulted the case is unpardonable. Jenk. Cent. 167.
NECATION. The act of killing.
NECESSARIES. Things indispensable, or things proper and useful, for the suste­nance of human life. This is a relative term, and its meaning will contract or expand ac­cording to the situation and social condition of the person referred to.' Megraw v. Woods, 93 Mo. App. 647, 67 S. W. 709; Warner r. Heiden, 28 Wis. 517, 9 Am. Rep. 515; Artz y. Robertson, 50 111. App. 27; Conant v. Burn-ham, 133 Mass. 505, 43 Am. Rep. 532.
In reference to the contracts of infants,
this term is not used in its strictest sense. nor limited to that which is required to sus­tain life. Those things which are proper and suitable to each individual, according to his circumstances and condition in life, are nec­essaries, if not supplied from some other source. See Hamilton v. Lane, 138 Mass. 360; Jordan v. Coffleld, 70 N. C. 113; Middle-bury College v. Chandler, 16 Vt. 685, 42 Am. Dec. 537; Breed v. Judd, 1 Gray <Mass.) 458. In the case of ships the term "necessaries" means such things as are fit and proper for the service in which the ship is engaged, and such as the owner, being a prudent man, would have ordered if present; e. g., an­chors, rigging, repairs, victuals. Maude & P. Shipp. 71, 113. The master may hypothecate the ship for necessaries supplied abroad so as to bind the owner. Sweet. See The Ply­mouth Rock, 19 Fed. Cas. 898; Hubbard v. Roach (C. C.) 2 Fed. 394; The Gustavia, 11 Fed. Cas. 126.
Necessarium est quod non potest alitor se habere. That is necessary which cannot be otherwise.
NECESSARITTS. Lat Necessary; un­avoidable; indispensable; not admitting of choice or the action of the will; needful.
NECESSARY. As used in jurisprudence, the word "necessary" does not always import an absolute physical necessity, so strong that one thing, to which another may be termed ?•necessary," cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. To employ the means necessary to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means without which the end would be entirely un­attainable. McCulloch v. Maryland, 4 Wheat 316, 413, 4 L. Ed. 579.
As to necessary "Damages," "Deposit," "Domicile," "Implication," "Intromission," "Parties," "Repairs," and "Way," see those titles.
NECESSITAS. Lat Necessity; a force, power, or influence which compels one to act against his will. Calvin.
—Necessitas culpabilis. Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity which compels a man to kill an­other in self-defense is thus distinguished from that which requires the killing of a felon. See 4 Bl. Comm. 187.—Trinoda necessitas. In Saxon law. The threefold necessity or burden; a term used to denote the three things from con­tributing to the performance of which no lands were exempted, viz., the repair of bridges, the building of castles, and military service against an enemy. 1 Bl. Comm. 263, 357.
Necessitas est lex texnporis et loci.
Necessity is the law of time and of place. 1 Hale, P. C. 54.

NEOESSITAS EXCUSAT 809
NEGATIVE

Necessitas excusat aut extenuat de­lictum in capitalibus, quod non operatur idem in civilibns. Necessity excuses or ex­tenuates a delinquency in capital cases, which has not the same operation in civil cases. Bac. Max.
Necessitas f acit licitum quod alias non est licitum. 10 Coke, 61. Necessity makes that lawful which otherwise is not lawful.
Necessitas inducit privilegium quoad jura privata. Bac. Max. 25. Necessity gives a privilege with reference to private rights. The necessity involved in this maxim is of three kinds, viz.: <1) Necessity of self-preservation; (2) of obedience; and (3) ne­cessity resulting from the act of God, or of a stranger. Noy, Max. 32.
Necessitas non habet legem. Necessity has no law. Plowd. 18a. "Necessity shall be a good excuse in our law, and in every other law." Id.
Necessitas publica major est quam pri­vata. Public necessity is greater than pri­vate. "Death," it has been observed, "is the last and furthest point of particular neces­sity, and the law imposes it upon every sub­ject that he prefer the urgent service of his king and country before the safety of his life." Noy, Max. 34; Broom, Max. 18.
Necessitas quod cogit, defendit. Ne­cessity defends or justifies what it compels. 1 Hale, P. C. 54. Applied to the acts of a sheriff, or ministerial officer, in the execu­tion of his office. Broom, Max. 14.
Necessitas sub lege non continetur, quia quod alias non est licitum neces­sitas f acit licitum. 2 Inst. 326. Necessity is not restrained by law; since what other­wise is not lawful necessity makes lawful.
Necessitas vincit legem. Necessity overrules the law. Hob. 144; Cooley, Const. Lim. (4th Ed.) 747.
Necessitas vincit legem; legum vin-cula irridet. Hob. 144. Necessity over­comes law; it derides the fetters of laws.
NECESSITTJDO. Lat. In the civil law. An obligation; a close connection; relation­ship by blood. Calvin.
NECESSITY. Controlling force; irre­sistible compulsion; a power or impulse so great that it admits no choice of conduct. When it is said that an act is done "under necessity," it may be, in law, either of three kinds of necessity: (1) The necessity of pre­serving one's own life, which will excuse a homicide; (2) the necessity of obedience, as to the laws, or the obedience of one not sui juris to his superior; (3) the necessity caus-
ed by the act of God or a stranger. See Jacob; Mozley & Whitley.
A'constraint upon the will whereby a person is urged to do that which his judgment disap­proves, and which, it is to be presumed, his will (if left to itself) would reject. A man, there­fore, is excused for those actions which are done through unavoidable force and compulsion. Wharton.
—Necessity, homicide by. A species of jus­tifiable homicide, because it arises from some unavoidable necessity, without any will, inten­tion, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame. As, for in­stance, by virtue of such an office as obliges one, in the execution of public justice, to put a malefactor to death who has forfeited his life to the laws of his country. But the law must require it. otherwise it is not justifiable. 4 BI. Comm. 178.
NECK-VERSE. The Latin sentence, "Miserere mei, Deus" was so called, because the reading of it was made a test for those who claimed benefit of clergy.
NECROPHILISM. See Insanity.
NECROPSY. An autopsy, or post-mor­tem examination of a human body.
NEEDLESS. In a statute against "need­less" killing or mutilation of any animal, this term denotes an act done without any useful motive, in a spirit of wanton cruelty, or for the mere pleasure of destruction. Grise v. State, 37 Ark. 460.
NEFAS. Lat That which is against right or the divine law. A wicked or impi­ous thing or act. Calvin.
NEFASTUS. Lat. Inauspicious. Ap­plied, in the Roman law, to a day on which It was unlawful to open the courts or admin­ister justice.
Negatio conclusionis est error in lege.
Wing. 268. The denial of a conclusion is error in law
Negatio destruit negationem, et am-bse faciunt amrmationem. A negative destroys a negative, and both make an af­firmative. Co. Litt 1466. Lord Coke cites this as a rule of grammatical construction, not always applying in law.
Negatio duplex est affirmatio. A
double negative is an affirmative.
NEGATIVE. A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. Steph. PI. 386, 387.
—Negative averment. As opposed to the traverse or simple denial of an affirmative al­legation, a negative averment is an allegation of some substantive fact, e. g., that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove

NEGATIVE |
it a Brown.—Negative condition. One by
which it is stipulated that a given thing shall not happen.—Negative pregnant. In plead­ing. A negative implying also an affirmative. Cowell. Such a form of negative expression as may imply or carry within it an affirmative. Steph. PI. 318; Fields v. State, 134 Ind. 46, 32 N. E. 780; Stone v. Quaal, 36 Minn. 46, 29 N. W. 326. As if a man be said to have aliened land in fee, and he says he has not aliened in fee, this is a negative pregnant; for, though it be true that he has not aliened in fee, yet it may be that he has made an estate in tail. Cowell.
As to negative "Covenant," "Easement," "Servitude," "Statute," and "Testimony," see those titles.
NEGLECT. Omission; failure to do something that one is bound to do; care­lessness.
The term is used in the law of bailment as synonymous with "negligence." But the latter word is the closer translation of the Latin "negligentia."
As used in respect to the payment of mon­ey, refusal is the failure to pay money when demanded; neglect is the failure to pay money which the party is bound to pay with­out demand. Kimball v. Rowland, 6 Gray (Mass.) 224.
The term means to omit, as to neglect busi­ness or payment or duty or work, and is gen­erally used in this sense. It does not generally imply carelessness or imprudence, but simply an omission to do or perform some work, duty, or act. Rosenplaenter v. Roessle, 54 N. Y. 262.
—Culpable neglect. In this phrase, the word "culpable" means not criminal, but censurable; and, when the term is applied to the omission by a person to preserve the means of enforcing his own rights, censurable is more nearly an equivalent. As he has merely lost a right of action which he might voluntarily relinquish, and has wronged nobody but himself, culpable neglect conveys the idea of neglect which exists where the loss can fairly be ascribed to the party's own carelessness, improvidence, or folly. Bank v. Wright, 8 Allen (Mass) 121; Ben­nett v. Bennett, 93 Me 241, 44 Atl. 894 — Willful neglect. Willful neglect is the neg­lect of the husband to provide for his wife the common necessaries of life, he having the abil­ity to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation. Civil Code Cal. § 105.
NEGLIGENCE. The omission to do something which a reasonable man, guided by those considerations which ordinarily reg­ulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances. Nitro-Glycerin Case, 15 Wall. 536, 21 L. Ed. 206; Blythe v. Birmingham Waterworks Co., 11 Exch. 784.
Negligence, in its civil relation, is such an inadvertent imperfection, by a responsible human agent, in the discharge of a legal du­ty, as immediately produces, in an ordinary and natural sequence, a damage to another. Whart Neg. § 3.
.0 NEGLIGENCE
It is conceded by all the authorities that the standard by which to determine wheth­er a person has been guilty of negligence is the conduct of the prudent or careful or diligent man. Bigelow, Torts, 261.
The failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the cir­cumstances justly demand, whereby such other person suffers injury. Cooley, Torts, 630.
The failure to do what a reasonable and pru­dent person would ordinarily have done under the circumstances of the situation, or the doing what such a person under the existing circum­stances would not have done. Baltimore & P. R. Co. v. Jones, 95 U. S. 441, 24 L. Ed. 506.
The opposite of care and prudence; the omis­sion to use the means reasonably necessary to avoid injury to others Great Western R. Co. v. Haworth, 39 111. 353.
Negligence or carelessness signifies want of care, caution, attention, diligence, or discre­tion in one having no positive intention to in­jure the person complaining thereof. The words "reckless," "indifferent," "careless," and "wan­ton" are never understood to signify positive will or intention, unless when joined with oth­er words which show that they are to receive an artificial or unusual, if not an unnatural, interpretation. Lexington v. Lewis, 10 Bush (Ky.) 677.
Negligence is any culpable omission of a pos­itive duty. It differs from heedlessness, in that heedlessness is the doing of an act in vio­lation of a negative duty, without adverting to its possible consequences. In both cases there is inadvertence, and there is breach of duty. Aust. Jur. § 630.
—Actionable negligence. See Actionable. —Collateral negligence. In the law relat­ing to the responsibility of an employer or principal for the negligent acts or omissions of his employ^, the term "collateral" negli­gence is sometimes used to describe negligence attributable to a contractor employed by the principal and for which the latter is not re­sponsible, though he would be responsible for the same thing if done by his servant. Weber v. Railway Co., 20 App. Div. 292, 47 N. Y. Supp. 11.—Comparative negligence. See Comparative.—Contributory negligence. Contributory negligence, when set up as a de­fense to an action for injuries alleged to have been caused by the defendant's negligence, means any want of ordinary care on the part of the person injured, (or on the part of an­other whose negligence is imputable to him,) which combined and concurred with the de­fendant's negligence, and contributed to the injury as a proximate cause thereof, and as an element without which the injury would not have occurred. Railroad Co. v. Young, 153 Ind. 163, 54 N E. 791; Dell v. Glass ' Co., 169 Pa. 549, 32 Atl. 601; Barton v. Railroad Co., 52 Mo. 253, 14 Am. Rep. 418; Plant Inv. Co v. Cook, 74 Fed. 503. 20 C. C. A. 625; MfcLaughlin v. Electric Light Co., 100 Ky. 173, 37 S. W. 851, 34 L. R. A. 812; Ri­ley v. Railway Co., 27 W. Va. 164.—Criminal negligence. Negligence of such a character, or occurring under such circumstances, as to be punishable as a crime by statute; or (at common law) such a flagrant and reckless dis­regard of the safety of others, or wilful indif­ference to the injury liable to follow, as to convert an act otherwise lawful into a crime when it results in personal injury or death. 4 Bl. Comm. 192, note; Cook v. Railroad Co., 72 Ga. 48; Rankin v. Transportation Co., 73 Ga. 229, 54 Am. Rep. 874; Railroad Co. v. Ohollette, 33 Neb. 143, 49 N. W. 1114.—Cul­pable negligence. Failure to exercise that degree of care rendered appropriate by the par­ticular circumstances, and which a man of or-

NEGLIGENCE
811
NEGOTIABLE

dinary prudence in the same situation and with equal experience would not have omitted. Car­ter v. Lumber Co., 129 N. C. 203, 39 S. E. 828; Railroad Co. v. Newman, 36 Ark. 611; Woodman v. Nottingham, 49 N. H. 387, 6 Am. Rep. 526; Kimball v. Palmer, 80 Fed. 240, 25 C. C. A. 394; Railway Co. v. Brown, 44 Kan. 384, 24 Pac. 497; Railroad Co. v. Plaskett, 47 Kan. 107, 26 Pac. 401.—Gross negligence. In the law of bailment. The want of slight diligence. The want of that care which every man of common sense, how inattentive soever, takes of his own property. The omission of that care which even inattentive and thought­less men never fail to <ake of their own prop­erty. Litchfield v. White, 7 N. Y. 442, 57 Am. Dec 534; Lycoming Ins. Co. v. Barringer, 73 111. 235; Seybel v. National Currency Bank, 54 N. Y. 299, 13 Am. Rep. 583; Bannon v. Bal­timore & O. R. Co., 24 Md. 124; Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct. 925, 35 L. Ed. 662; Preston v. Prather, 137 U. S. 604, 11 Sup. Ct 162, 34 L. Ed. 788. In the law of torts (and especially with reference to personal injury cases), the term means such negligence as evidences a reckless disre­gard of human life, or of the safety of persons exposed to its dangerous effects, or that entire want of care which would raise the presump­tion of a conscious indifference to the rights of others which is equivalent to an intentional violation of them. McDonald v. Railroad Co. (Tex. Civ. App.) 21 S. W. 775; Railroad Co. v. Robinson, 4 Bush (Ky.) 509; Railroad Co. v. Bodemer, 139 111. 596, 29 N. E. 692, 32 Am. St. Rep. 218; Denman v. Johnston, 85 Mich. 387, 48 N. W. 565; Railroad Co. v. Orr, 121 Ala. 489, 26 South. 35; Coit v. West­ern Union Tel. Co., 130 Cal. 657, 63 Pac. 83, 53 L. R. A. 678, 80 Am. St. Rep. 153.—Haz­ardous negligence. Such careless or reck­less conduct as exposes one to very great dan­ger of injury or to imminent peril. See Riggs v. Standard Oil Co. (C. C.) 130 Fed. 204 — Legal negligence. Negligence per se; the omission of such care as ordinarily prudent persons exercise and deem adequate to the cir­cumstances of the case. In cases where the common experience of mankind and the common judgment of prudent persons have recognized that to do or omit certain acts is prolific of danger, the doing or omission of them is "legal negligence." Carrico v. Railway Co., 35 W. Va. 389, 14 S. E. 12; Drake v. Wild, 70 Vt. 52, 39 Atl. 248; Johnson v. Railway Co., 49 Wis. 529, 5 N. W. 886.—Negligence per se. Conduct, whether of action or omission, which may be declared and treated as negligence with­out any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal or­dinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. See Missouri Pac. Ry. Co. v. Lee, 70 Tex. 496. 7 S. W. 857; Central R. & B. Co. v. Smith, 78 Ga. 694, 3 S E. 397; Murray v. Missouri Pac. R. Co., 101 Mo. 236, 13 S. W. 817, 20 Am. St. Rep. 601; Moser v. Union Traction Co., 205 Pa. 481, 55 Atl. 15.—Ordinary neg­ligence. The omission of that care which a man of common prudence usually takes of his own concerns. Ouderkirk v. Central Nat. Bank, 119 N. Y. 263. 23 N. E. 875; Scott v. Depeyster, 1 Edw. Ch. (N. Y.) 543; Tyler v Nelson, 109 Mich 37. 66 N. W. 671; Ton-cray v. Dodge County, 33 Neb. 802, 51 N. W. 235; Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ot. 924, 35 L. Ed. 662; Lake Shore, etc., Ry. Co. v. Murphy, 50 Ohio St. 135, 33 N. E. 403.—Slight negligence. Slight negligence is not slight want of ordinary care contributing to the injury, which would defeat an action for negligence. Slight negligence is defined to be only an absence of that degree of care and vigi­lance which persons of extraordinary prudence
and foresight are accustomed to use. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct. 924. 35 L. Ed. 662; French v. Buffalo, etc., R. Co., *43 N. Y. 108; Litchfield v. White, 7 N. Y. 438, 57 Am. Dec. 534; Griffin v. Willow. 43 Wis. 512.—Wanton negligence. Reck­less indifference to the consequences of an act or omission, where the party acting or failing to act is conscious of his conduct and, without any actual intent to injure, is aware, from his knowledge of existing circumstances and con­ditions, that his conduct will inevitably or probably result in injury to another. Louis­ville & N. R. Co. v. Webb, 97 Ala. 308, 12 South. 374; Alabama G. S, R. Co. v. Hall, 105 Ala. 599, 17 South. 176.—Willful negli­gence. Though rejected by some courts and writers as involving a contradiction of terms, this phrase is occasionally used to describe a higher or more aggravated form of negligence than "gross." It then means a willful deter­mination not to perform a known duty, or a reckless disregard of the safety or the rights of others, as manifested by the conscious and intentional omission of the care proper under the circumstances. See Victor Coal Co. t. Muir, 20 Colo. 320, 38 Pac. 378, 26 L. R. A. 435, 46 Am. St. Rep. 299; Holwerson v. Rail­way Co., 157 Mo. 216, 57 S. W. 770, 50 L. R. A. 850; Lockwood v. Railway Co., 92 Wis. 97, 65 N. W. 866; Kentucky Cent. R. Co. v* Carr (Ky.) 43 S. W. 193, 19 Ky. Law Rep. 1172; Florida Southern Ry. v. Hirst, 30 Fla. 1, 11 South. 506, 16 L. R. A. 631, 32 Am. St. Rep. 17; Lexington v. Lewis, 10 Bush (Ky.) 680; Illinois Cent. R. Co. v. Leiner, 202 111. 624, 67 N. E. 398. 95 Am. St. Rep. 266,
NEGLIGENT ESCAPE. An escape from confinement effected by the prisoner without the knowledge or connivance of the keeper of the prison, but which was made possible or practicable by the latter's negligence, or by his omission of such care and vigilance as he was legally bound to exercise in the safe-keeping of the prisoner.
NEGLIGENTIA. Lat In the civil law. Carelessness; inattention; the omission of proper care or forethought. The term is not exactly equivalent to our "negligence," in­asmuch as it was not any negligentia, but only a high or gross degree of it, that amounted to culpa, (actionable or punishable fault.)
Negligentia semper habet infortunium comitem. Negligence always has misfor­tune for a companion. Co. Litt. 246?/; Shep. Touch. 476.
NEGOCE. Fr. Business; trade; man­agement of affairs.
NEGOTIABILITY. In mercantile law Transferable quality. That quality of bills of exchange and promissory notes which renders them transferable from one person to another, and from possessing which they are emphatically termed "negotiable paper." 3 Kent, Comm. 74, 77, 89, et seq. See Story, Bills, § 60.
NEGOTIABLE. An instrument embody­ing an obligation for the payment of money is called "negotiable" when the legal title to the instrument itself and to the whole

NEGOTIABLE
812
NEMO ALLEGANS

amount of money expressed upon its face, with the right to sue therefor in his own name, may be transferred from one person to another without a formal assignment, but by mere indorsement and delivery by the holder or by delivery only. See 1 Daniel, Nego. Inst, f 1; Walker v. Ocean Bank, 19 Ind. 247; Robinson v. Wilkinson, 38 Mich. 299; Odell y. Gray, 15 Mo. 337, 55 Am. Dec. 147.
—Negotiable instruments. A general name for bills, notes, checks, transferable bonds or coupons, letters of credit, and other negotiable written securities. Any written securities which may be transferred by indorsement and delivery or by delivery merely, so as to vest in the indorsee the legal title, and thus enable him to sue thereon in his own name. Or, more technically, those instruments which not only carry the legal title with them by indorsement or delivery, but carry as well, when transfer­red before maturity, the right of the transferee to demand the full amounts which their faces call for. Daniel, Neg. Inst. § la. A nego­tiable instrument is a written promise or re­quest for the payment of a certain sum of mon­ey to order or bearer. Civ. Code Cal. § 3087. —Negotiable words. Words and phrases which impart the character of negotiability to bills, notes, checks, etc., in which they are inserted; for instance, a direction to pay to A. "or order" or "bearer."
NEGOTIATE. To discuss or arrange a sale or bargain; to arrange the preliminaries of a business transaction. Also to sell or discount negotiable paper, or assign or trans­fer it by indorsement and delivery. Palmer v. Ferry, 6 Gray (Mass.) 420; Newport Nat. Bank v. Board of Education, 114 Ky. 87, 70 S. W. 186; Odell v. Clyde, 23 Misc. Rep. 734, 53 N. Y. Supp. 61; Blakiston v. Dudley, 5 Duer (N. Y.) 377.
NEGOTIATION. The deliberation, dis­cussion, or conference upon the terms of a proposed agreement; the act of settling or arranging the terms and conditions of a bar­gain, sale., or other business transaction. Also the transfer of, or act of putting into circulation, a negotiable instrument.
NEGOTIORUM GESTIO. Lat. In the civil law. Literally, a doing of business or businesses. A species of spontaneous agen­cy, or an interference by one in the affairs of another, in his absence, from benevolence or friendship, and without authority. 2 Kent, Comm. 616, note; Inst. 3, 28, 1.
NEGOTIORUM GESTOR. Lat. In the civil law. A transacter or manager of busi­ness; a person voluntarily constituting him­self agent for another; one who, without any mandate or authority, assumes to take charge of an affair or concern for another person, in the latter's absence, but for his interest.
One who spontaneously, and without the knowledge or consent of the owner, inter­meddles with his property, as to do work on it, or to carry it to another place, etc Story, Bailm. § 189.
NEGRO. The word "negro" means a black man, one descended from the African race, and does not commonly include a mu­latto. Felix v. State, 18 Ala. 720. But the laws of the different states are not uniform in this respect, some including in the de­scription "negro" one who has one-eighth or more of African blood.
NEIF. In old English law. A woman who was born a villein, or a bondwoman.
NEIGHBORHOOD. A place near; an adjoining or surrounding district; a more immediate vicinity; vicinage. See Langley v. Barnstead, 63 N. H. 246; Madison v. Mor-ristown Gaslight Co., 65 N. J. Eq. 356,' 54 Atl. 439; Rice v. Sims, 3 Hill (S. C.) 5; Lindsay Irr. Co. v. Mehrtens, 97 Cal. 676, 32 Pac. 802; State v. Henderson, 29 W. Va. 147, 1 S. E. 225; Peters v. Bourneau, 22 111. App. 177.
NEITHER PARTY. An abbreviated form of docket entry, meaning that, by agree­ment, neither of the parties will further appear in court in that suit. Gendron v. Hovey, 98 Ma 139, 56 Atl. 583.
NEMBDA. In Swedish and Gothic law. A jury. 3 Bl. Comm. 349, 359.
NEMINE CONTRADICENTE. Lat No
one dissenting; no one voting in the nega­tive. A phrase used to indicate the unani­mous consent of a court or legislative body to a judgment, resolution, vote, or motion. Commonly abbreviated "nem. con."
Neminem oportet esse sapientiorem legibns. Co. Litt. 976. No man ought to be wiser than the laws.
NEMO. Lat. No one; no man. The ini­tial word of many Latin phrases and maxims, among which are the following:
Nemo admittendus est inhabilitare seipsum. Jenk. Cent. 40. No man is to be admitted to incapacitate himself.
Nemo agit in seipsum. No man acts against himself. Jenk. Cent. p. 40, case 76. A man cannot be a judge and a party in his own cause. Id.; Broom, Max. 216».
Nemo aliense rei, sine satisdatione, de­fensor idoneus intelligitur. No man is
considered a competent defender of another's property, without security. A rule of the Roman law, applied in part in admiralty cases. 1 Curt. 202.
Nemo alieno nomine lege agere potest.
No one can sue in the name of another. Dig. 50, 17, 123.
Nemo allegans snam turpitadinem est andiendns. No one alleging his own base­ness is to be heard. The courts of law have

NEMO BIS PUNITUR 813 NEMO EX SUO DELICTO
properly rejected this as a rule of evidence. 7 Term R. 601.
Nemo bis punitur pro eodem delicto.
No man is punished twice for the same of­fense. 4 BL Comm. 315; 2 Hawk. P. O. 377.
Nemo cogitationis poenam patitur. No
one suffers punishment on account of his thoughts. Tray. Lat Max. 362.
Nemo cogitur rem mam vendere, etiam justo pretio. No man is compelled to sell his own property, even for a just price. 4 Inst 275.
Nemo contra factum mum venire po­test. No man can contravene or contradict his own deed. 2 Inst 66. The principle of estoppel by deed. Best, Ev. p. 408, § 370.
Nemo dare potest quod non nabet. No
man can give that which he has not Fleta, lib. 3, c 15, | &
Nemo dat qui non nabet. He who hath not cannot give. Jenk. Cent 250; Broom, Max. 499»; 6 a B. (N. S.) 478.
Nemo de domo sua extrahi potest. No
one* can be dragged out of his own house. In other words, every man's house is his castle. Dig. 50, 17, 103.
Nemo debet bis puniri pro uno delicto.
No man ought to be punished twice for one offense. 4 Coke, 43a; 11 Coke, 596. No man shall be placed in peril of legal penal­ties more than once upon the same accusa­tion. Broom, Max. 348.
Nemo debet bis vexari [si constet cu­riae quod sit] pro una et eadem causa.
No man ought to be twice troubled or har­assed [if it appear to the court that it is] for one and the same cause. 5 Coke, 61a. No man can be sued a second time for the same cause of action, if once judgment has been rendered. See Broom, Max. 327, 348. No man can be held to bail a second time at the suit of the same plaintiff for the same cause of action. 1 Chit Archb. Pt. 476.
Nemo debet esse judex in propria causa. No man ought to be a judge in his own cause. 12 Coke, 114a. A maxim deriv­ed from the civil law. Cod. 3, 5. Called a "fundamental rule of reason and of nat­ural justice." Burrows, Sett. Cas. 194, 197.
Nemo debet immiscere se rei ad se nihil pertinenti. No one should intermeddle with a thing that in no respect concerns him. Jenk. Cent p. 18, case 32.
Nemo debet in communione invitus teneri. No one should be retained in a part­nership against his will. Selden v. Vermilya,
2 Sandf. (N. Y.) 568, 593; United Ins. Co. v. Scott, 1 Johns. (N. Y.) 106, 114.
Nemo debet locupletari aliena jactura.
No one ought to be enriched by another's loss. Dig. 6, 1, 48, 65; 2 Kent Comm. 336; 1 Karnes, Bq. 331.
Nemo debet locupletari ex alterius in-commodo. No one ought to be made rich out of another's loss. Jenk. Cent 4; Taylor v. Baldwin, 10 Barb. (N. Y.) 626, 633.
Nemo debet rem suam sine facto aut defectu suo amittere. No man ought to lose his property without his own act or de­fault Co. Litt 263a.
Nemo duobus utatur officiis. 4 Inst 100. No one should hold two offices, i. e., at the same time.
Nemo ejusdem tenement! simul potest esse bseres et dominus. No one can at
the same time be the heir and the owner of the same tenement See 1 Reeve, Eng. Law, 106.
Nemo enim aliquam partem recte in-telligere possit antequam totum iterum atque iterum perlegerit. No one is able rightly to understand one part before he has again and again read through the whole. Broom, Max. 593.
Nemo est bseres viventis. No one is the
heir of a living person. Co. Litt 8a, 226. No one can be heir during the life of his an­cestor. Broom, Max. 522, 523. No person can be the actual complete heir of another till the ancestor is previously dead, 2 Bl. Comm. 208.
Nemo est supra leges. No one is above the law. Lofft, 142.
Nemo ex alterius facto prajgravari de­bet. No man ought to be burdened in con­sequence of another's act 2 Kent Comm. 646.
Nemo ex consilio obligatur. No man
is bound in consequence of his advice. Mere advice will not create the obligation of a mandate. Story, Bailm. § 155.
Nemo ex dolo suo proprio relevetur, aut auxilium capiat. Let no one be reliev­ed or gain an advantage by his own fraud. A civil law maxim.
Nemo ex proprio dolo consequitur ac­tionem. No one maintains an action arising out of his own wrong. Broom, Max. 297.
Nemo ex suo delicto meliorem suam conditionem facere potest. No one can
make his condition better by his own mis­deed. Dig. 50, 17, 134, 1.

NEMO IN PROPRIA OAUSA 814 NEMO PUNITUR
Nemo in propria causa testis esse deb­et. No one ought to be a witness in his own cause. 3 Bl. Comm. 371.
Nemo inauditus condemnari debet si
non sit contnmaz. No man ought to be condemned without being heard unless he be contumacious. Jenk. Gent. p. 18, case 12, in marg.
Nemo jus sibi dicere potest. No one
can declare the law for himself. ' No one is entitled to take the law into his own hands. Tray. Lat Max. 366.
Nemo militans Deo implicetur sec-nlaribns negotiis. No man who is warring for [in the service of] God should be involved in secular matters. Co. Litt 706. A prin­ciple of the old law that men of religion were not bound to go in person with the king to war.
Nemo nascitur artifex. Co. Litt 97. No one is born an artificer.
Nemo patriam in qua natns est exnere, neo ligeantise debitnm ejurare possit.
No man can renounce the country in which he was born, nor abjure the obligation of his allegiance. Co. Litt 129a; Broom, Max. 75; Fost. Cr. Law, 184.
Nemo plus commodi heredi sno relin-quit quam ipse habuit. No one leaves a greater benefit to his heir than he had him­self. Dig. 50, 17, 120.
Nemo plus juris ad aliunt transferre potest quam ipse babet. No one can
transfer more right to another than he has himself. Dig. 50, 17, 54; Broom, Max. 467, 469.
Nemo potest contra recordum verin-care per patriam. No one can verify by the country against a record. 2 Inst. 380. The issue upon matter of record cannot be to the jury. A maxim of old practice.
Nemo potest esse dominus et bseres.
No man can be both owner and heir. Hale, Com. Law, c. 7.
Nemo potest esse simul actor et ju­dex. No one can be at once suitor and judge. Broom, Max. 117.
Nemo potest esse tenens et dominus.
No man can be both tenant and lord [of the same tenement] Gilb. Ten. 142.
Nemo potest facere per alium quod per se non potest. No one can do that by another which he cannot do of himself. Jenk. Cent p. 237, case 14. A rule said to hold in original grants, but not in descents;
as where an office descended to a woman. in which case,v though she could not exercise the office in person, she might by deputy. Id.
Nemo potest facere per obliquum quod non potest facere per directum. No man
can do that indirectly which he cannot do directly. 1 Eden, 512.
Nemo potest mutare consilium suum in alterius injuriam. No man can change his purpose to another's injury. Dig. 50, 17, 75; Broom, Max. 34.
Nemo potest plus juris ad alium transferre quam ipse babet. Co. Litt 309; Wing. Max. 56. No one can transfer a greater right to another than he himself has.
Nemo potest sibi debere. No one can
owe to himself.
Nemo prsesens nisi intelligat. One is
not present unless he understands.
Nemo prsesumitur alienam posterita-tem suae prsetulisse. No man is presumed to have preferred another's posterity to hia own. Wing. Max. p. 285, max. 79.
Nemo prsesumitur donare. No one is
presumed to give. Haren v. Foster, 9 Pick. (Mass.) 128, 19 Am. Dec. 353.
Nemo prsesumitur esse immemor suae seternse salutis, et maxime in articulo mortis. 6 Coke, 76. No one is presum­ed to be forgetful of his own eternal wel­fare, and particularly at the point of death.
Nemo prsesumitur ludere in extremis.
No one is presumed to trifle at the point of death.
Nemo prsesumitur mains. No one is
presumed to be bad.
Nemo probibetur plures negotiationes sive artes exercere. No one is prohibited from following several kinds of business or several arts. 11 Coke, 54a. The common law doth not prohibit any person from using several arts or mysteries at his pleasure. Id.
Nemo probibetur pluribus defension-ibus uti. Co. Litt. 304a. No one is pro­hibited from making use of several defenses.
Nemo prudens punit ut prseterita revocentur, sed ut futura prsevenian-tur. No wise man punishes in order that past things may be recalled, but that future wrongs may be prevented. 2 Bulst. 173.
Nemo punitur pro alieno delicto.
Wing. Max. 336. No one is punished for another's wrong.

NEMO PUNITUR SINE INJURIA 815
NETHER HOUSE

Nemo punitur sine injuria, faeto, sen defalta. No one is punished unless for some wrong, act, or default. 2 Inst 287.
Nemo qui condemnare potest, ab­solves non potest. No one who may con­demn is unable to acquit. Dig. 50, 17, 37.
Nemo sibi esse judex; vel suis jus dicere
debet. No one (ought to be his own judge, or the tribunal in his own affairs. Broom, Max. 116, 121. See L. R. 1 C. P. 722, 747.
Nemo sine aetione experitur, et boo non sine breve sive libello conventional!.
No one goes to law without an action, and no one can bring an action without a writ or bill. Bract, fol. 112.
Nemo tenetur ad impossibile. No one
is bound to an impossibility. Jenk. Gent 7; Broom, Max. 244.
Nemo tenetur aimare adversarium eontra se. Wing. Max. 665. No one is bound to arm his adversary against himself.
Nemo tenetur divinare. No man is bound to divine, or to have foreknowledge of, a future event 10 Coke, 55a.
Nemo tenetur edere instrumenta con­tra se. No man is bound to produce writ­ings against himself. A rule of the Roman law, adhered to in criminal prosecutions, but departed from in civil questions. Bell.
Nemo tenetur inf ormare qui nescit, sed quisquis seire quod informat. Branch, Princ. No one is bound to give information about things he is ignorant of, but every one is bound to know that which he gives in­formation about
Nemo tenetur jurare in suam turpi-tudinem. No one is bound to swear to the fact of his own criminality; no one can be forced to give his own oath in evidence of his guilt Bell; Halk. 100.
Nemo tenetur prodere seipsum. No
one is bound to betray himself. In other words, no one can be compelled to criminate himself. Broom, Max. 968.
Nemo tenetur seipsum accusare. Wing. Max. 486. No one is bound to accuse him­self.
Nemo tenetur seipsum infortuniis et perieulis exponere. No one is bound to expose himself to misfortunes and dangers. Co. Litt. 2536.
Nemo unquam judieet in se. No one
can ever be a judge in his own cause.
Nemo unquam vir magnus fuit, sine aliquo divino afflatu. No one was ever a great man without some divine inspiration. Cicero.
Nemo videtur fraudare eoa qui sciunt et eonsentiunt. No one seems [is supposed] to defraud those who know and assent [to his acts.] Dig. 50, 17, 145.
NEMY. L. Fr. Not Litt § 3.
NEPHEW. The son of a brother or sister. But the term, as used in wills and other documents, may include the children of half brothers and sisters and also grand-nephews, if such be the apparent intention, but not the nephew of a husband or wife, and not (presumptively) a nephew who is illegitimate. See Shephard v. Shephard, 57 Conn. 24, 17 Atl. 173; Lyon v. Lyon, 88 Me. 395, 34 Atl. 180; Brower v. Bowers, i Abb. Dec. (N. Y.) 214; Green's Appeal, 42 Pa. 25.
NEFOS. Lat A grandson.
NEPTIS. Lat. A granddaughter.
NEPUOY. In Scotch law. A grandson. Skene.
NET. Clear of anything extraneous; with all deductions, such as charges, expenses, discounts, commissions, taxes, etc.; free from expenses. St. John v. Erie R. Co., 22 Wall. 148, 22 L. Ed. 743; Scott v. Hartley, 126 Ind. 239, 25 N. E. 826; Gibbs v. People's Nat. Bank, 198 111. 307, 64 N. E. 1060.
—Net balance. The proceeds of sale, after deducting expenses. Evans v. Wain, 71 Pa. 69.—Net earnings. See Eabnings.—Net in­come. The profit or income accruing from a business, fund, estate, etc., after deducting all necessary charges and expenses of every kind. Jones & Nimick Mfg. Co. v. Com., 69 Pa. 137; In re Young, 15 App. Div. 285, 44 N. Y. Supp. 585; Fickett v. Cohn (Com. PI.) 1 N. Y. Supp. 436.—Net premium. In the busi­ness of life insurance, this term is used to designate that portion of the premium which is intended to meet the cost of the insurance, both current and future; its amount is cal­culated upon the basis of the mortality tables and upon the assumption that the company will receive a certain rate of interest upon all its assets; it does not include the entire premium paid by the assured, but does include a certain sum for expenses. Fuller v. Metropolitan L. Ins. Co., 70 Conn. 647, 41 Atl. 4.—Net price. The lowest price, after deducting all discounts. —Net profits. This term does not mean what is made over the losses, expenses, and interest on the amount invested. It includes the gain that accrues on the investment, after deducting simply the losses and expenses of the business. Tutt v. Land, 50 Ga. 350.—Net tonnage. The net tonnage of a vessel is the difference between the entire cubic contents of the interior of the A^essel numbered in tons and the space occupied by the crew and by propelling machinery. The Thomas Melville, 62 Fed. 749, 10 C. C. A. 619. —Net weight. The weight of an article or collection of articles, after deducting from the gross weight the weight of the boxes, coverings, casks, etc., containing the same. The' weight of an animal dressed for sale, after rejecting hide, offal, etc.
NETHER HOUSE OF PARLIAMENT.
A name given to the English house of com­mons in the time of Henry VIIL

NEURASTHENIA
816
NEWSPAPER

NEURASTHENIA. In medical jurispru­dence. A condition of weakness or exhaus­tion of the general nervous system, giving rise to various forms of mental and bodily inefficiency.
NEUTRAL. In international law. In­different; impartial; not engaged on either side; not taking an active part with either of the contending states. In an interna­tional war, the principal hostile powers are called "belligerents;" those actively co-oper­ating with and assisting them, their "allies;" and those taking no part whatever, "neu­trals."
—Neutral property. Property which belongs to citizens of neutral powers, and is used, treat­ed, and accompanied by proper insignia as such.
NEUTRALITY. The state of a nation which takes no part between two or more other nations at war. TJ. S. v. The Three Friends, 166 U. S. 1, 17 Sup. Ct 495, 41 L. Ed. 897.
—Neutrality laws. Acts of congress which forbid the fitting out and equipping of armed vessels, or the enlisting of troops, for the aid of either of two belligerent powers with which the United States is at peace.—Neutrality proclamation. A proclamation by the presi­dent of the United States, issued on the out­break of a war between two powers with both of which the United States is at peace, an­nouncing the neutrality of the United States and warning all citizens to, refrain from any breach of the neutrality laws.
NEVER INDEBTED, PLEA OF. A
species of traverse which occurs in actions of debt on simple contract, and is resorted to when the defendant means to deny in point of fact the existence of any express contract to the effect alleged in the declara­tion, or to deny the matters of fact from which such contract would by law be im­plied. Steph. PI. 153, 156; Wharton.
NEW. As an element in numerous com­pound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrast­ing the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class.
—New and useful. The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the con­dition of having been previously unknown, and practical utility. See In re Gould, 1 MacAr-thur (D. O.) 410; Adams v. Turner, 73 Conn. 38, 46 Atl. 247; Lowell v. Lewis, 1 Mason, 182, Fed. Cas. No. 8,568.—New assets. In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the ex­piration of the time when, by statute, claims against the estate are barred so far as regards recourse against the assets with which he was originally charged. -See Littlefield v. Eaton, 74 Me. 521; Chenery v. Webster. 8 Allen (Mass.) 77; Robinson r. Hodge, 117 Mass.
222; Veazie v. Marrett, 6 Allen (Mass.) 872. —New assignment. Under the common-law practice, where the declaration in an action is ambiguous, and the defendant pleads facts which are literally an answer to it, but not to the real claim set up by the plaintiff, the plaintiffs course is to reply by way of new assignment; «. e., allege that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea has no ap­plication. 3 Steph. Comm. 507; Sweet. See Bishop v. Travis, 51 Minn. 183, 53 N. W. 461. —New cause of action. With reference to the amendment of pleadings, this term may re­fer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to be entitled under the same state of facts, or it may embrace both features. Love v. Southern R. Co., 108 Tenn. 104, 65 S. W. 475, 55 L. R. A. 471. See Nelson v. First Nat. Bank, 139 Ala. 578, 36 South. 707, 101 Am. St. Rep. 52.—New for old. In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance. 3 Kent, Comm. 339.—New Inn. An inn of chancery. See Inns of Chancery.— New matter. In pleading. Matter of fact not previously alleged by either party in the plead­ings.—New promise. See Pbomise.—New. style. The modern system of computing time was introduced into Great Britain A. D. 1752, the 3d of September of that year being reckoned as the 14th.—New trial. See Tbial.—New works. In the civil law. By a new work is understood every sort of edifice or other work which is newly commenced on any ground what­ever. When the ancient form of work is chang­ed, either by an addition being made to it or by some part of the ancient work being taken away, it is styled also a "new work." Civ. Code La. art 856.—New Tear's Day. The first day of January. The 25th of March was the civil and legal New Year's Day, till the alteration of the style in 1752, when it was permanently fixed at the 1st of January. In Scotland the year was, by a proclamation, which bears date 27th of November, 1599, ordered thenceforth to com­mence in that kingdom on the 1st of January instead of the 25th of March. Enc. Lond.
NEWGATE. The name of a prison in London, said to have existed as early as 1207. It was three times destroyed and rebuilt. For centuries the condition of the place was horrible, but it has been greatly improved since 1808. Since 1815, debtors have not been committed to this prison.
NEWLY-DISCOVERED EVIDENCE.
See Evidence.
NEWSPAPER. According to the usage of the commercial world, a newspaper is defined to be a publication in numbers, con­sisting commonly of single sheets, and pub­lished at short and stated intervals, convey­ing intelligence of passing events. 4 Op. Attys. Gen. 10. And see Crowell v. Parker, 22 R. I. 51, 46 Atl. 35, 84 Am. St Rep. 815; Hanscom v. Meyer, 60 Neb. 68, 82 N. W. 114, 48 L. R. A. 409, 83 Am. St Rep. 507; Wil­liams v. Colwell, 18 Misc. Rep. 399, 43 N. Y. Supp. 720; Kellogg v. Carrico, 47 Mo. 157; Kerr v. Hitt, 75 111. 51.
—Official newspaper. One designated by a state or municipal legislative body, or agents

NEXI
817
NIGHT

empowered by them, in which the public acts, resolves, advertisements, and notices are requir­ed to be published. Albany County v. Chaplin, 5 Wyo. 74, 37 Pac. 370.
NEXI. Lat: In Roman law. Bound; bound persons. A term applied to such in­solvent debtors as were delivered up to their creditors, by whom they might be held in bondage until their debts were discharged. Calvin.; Adams, Rom. Ant. 49.
NEXT. Nearest; closest; immediately following. See Green v. McLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 108 Ala. 633, 17 South. 704.
—Next devisee. By the term "first devisee" is understood the person to whom the estate is first given by the will, while the term "next devisee" refers to the person to whom the re­mainder is given. Young v. Robinson, 5 N. J. Law, 689.—Next friend. The legal designa­tion of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a relative. Strictly speak­ing, a next friend (or "prochein amy'') is not appointed by the court to bring or maintain the suit, but is simply one who volunteers for that purpose, and is merely admitted or permitted to sue in behalf of the infant; but the practice of suing by a next friend has now been almost en­tirely superseded by the practice of appointing a guardian ad litem. See McKinney v. Jones, 55 Wis. 39, 11 N. W. 606; Guild v. Cranston, 8 Cush. (Mass.) 506; Tucker v. Dabbs, 12 Heisk. (Tenn.) 18; Leopold v. Meyer, 10 Abb. Prac. (N. Y.) 40.—Next of kin. In the law of descent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is, those who are most nearly re­lated to him by blood; but it is sometimes con­strued to mean only those who are entitled to take under the statute of distributions, and sometimes to include other persons. 2 Story. Eq. Jur. § 1065ft. The words "next of kin,'* used simplioiter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate according to the statute of distri­butions, including those claiming per stirpes or by representation. Slosson v. Lynch, 43 Barb. (N. Y.) 147.—Next presentation. In the law of advowsons. The right of next presentation is the right to present to the first vacancy of a benefice.
NEXUM. Lat. In Roman law. In an­cient times the nexum seems to have been a species of formal contract, involving a loan of money, and attended with peculiar conse­quences, solemnized with the "copper and bal­ance." Later, It appears to have been used as a general term for any contract struck with those ceremonies, and hence to have included the special form of conveyance called "mancipatio." In a general sense it means the obligation or bond between con­tracting parties. See Maine, Anc. Law, 305, et seq.; Hadl. Rom. Law, 247.
In Roman law, this word expressed the tie •r obligation involved in the old conveyance by mancipatio; and came latterly to be used inter­changeably with (but less frequently than) the word "obliffatio" itself. Brown.
NICHUXS. In English practice. Debts due to the exchequer which the sheriff could Bl.Law Dtct.(2d Ed.)—62
not levy, and as to which he returned nil. These sums were transcribed once a year by the clerk of the nichills, and sent to the treasurer's remembrancer's office, whence pro­cess was issued to recover the "nichill" debts. Both of these offices were abolished in 1833. Mozley & Whitley.
NICKNAME. A short name; one nicked or cut off for the sake of brevity, without conveying an idea of opprobrium, and fre­quently evincing the strongest affection or the most perfect familiarity. North Caro­lina Inst. v. Norwood, 45 N. C. 74.
NIDERLING, NIDERING, or NITH-ING. A vile, base person, or sluggard; chicken-hearted. Spelman.
NIECE. The daughter of one's brother or sister. Ambl. 514. See Nephew.
NIEFE. In old English law. A woman born in vassalage; a bondwoman.
NIENT. L. Fr. Nothing; not.
—Nient comprise. Not comprised; not in­cluded. An exception taken to a petition be­cause the thing desired is not contained in that deed or proceeding whereon the petition is founded. Tomlins.—Nient culpable. Not guilty. The name in law French of the general issue in tort or in a criminal action.—Nient dedire. To say nothing; to deny nothing; to suffer judgment by default.—Nient le fait. In pleading. Not the deed; not his deed. The same as the plea of non est factum.—JSient seisi. In old pleading. Not seised. The gen­eral plea in the writ of annuity. Crabb, Eng. Law, 424.
NIGER USER. The black book or reg­ister in the exchequer; chartularies of ab­beys, cathedrals, etc.
NIGHT. As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, if there be daylight, or crepusculum, enough begun or left to discern a man's face, that is con­sidered day; and night is when it is so dark that the countenance of a man cannot be dis­cerned. 1 Hale, P. C. 350. However, the limit of 9 p. m. to 6 a. m. has been fixed by statute, in England, as the period of night, in prosecutions for burglary and larceny. St. 24 & 25 Vict. c. 96, § 1; Brown. In Amer­ican law, the common-law definition Is still adhered to in some states, but in others "night" has been defined by statute as the period between sunset and sunrise.
—Night magistrate. A constable of the night; the head of a watch-house.—Night walkers. Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night. Persons who prowl about at night, and are of a suspicious appearance and behavior. Persons whose habit is to be abroad at night for the purpose of committing some crime or nuisance or mischief or disturbing the peace; not now generally subject to the criminal laws except in respect to misdemeanors actually committed, or in the character of vagrants or suspicious persons. See Thomas v. State, 55

NIGRUM NUNQUAM EXCEDERE 818 NIHIL QUOD EST INCONVENIENS
Ala. 260; State v. Dowers, 45 N. H. 543. In a narrower sense, a night walker is a prostitute who walks the streets at night for the purpose of soliciting men for lewd purposes. Stokes v. State, 92 Ala. 73, 9 South. 400, 25 Am. St Rep. 22; Thomas v. State, 55 Ala. 260.
Nigrum nunquam exeedere debet rn-
brnm. The black should never go beyond the red, [i. e., the text of a statute should never be read in a sense more comprehen­sive than the rubric, or title.] Tray. Lat Max. 373.
NIHIL. Lat Nothing. Often contracted to "ml." The word standing alone is the name of an abbreviated form of return to a writ made by a sheriff or constable, the fuller form of which would be "nihil est" or "nihil habet,n according to circumstances.
—Nihil capiat per breve. In practice. That he take nothing by his writ. The form of judgment against the plaintiff in an action, either in bar or in abatement. When the plain­tiff has commenced his proceedings by bill, the judgment is nihil capiat per Villain. Co. Litt. 363.—Nihil dicit. He says nothing. This is the name of the judgment which may be taken as of course against a defendant who omits to plead or answer the plaintiff's declaration or complaint within the time limited. In some jurisdictions it is otherwise known as judgment "for want of a plea." See Gilder v. Mclntyre, 29 Tex. 91; Falken v. Housatonic R. Co., 63 Conn. 258, 27 Atl. 1117; Wilbur v. Maynard, 6 Colo. 486.—Nihil est. There is nothing. A form of return made by a sheriff when he has been unable to serve the writ. "Although non est inventus is the more frequent return in such a case, yet it is by no means as full an answer to the command of the writ as is the return of nihil. That amounts to an averment that the defendant has nothing in the bailiwick, no dwelling-house, no family, no residence, and no personal presence to enable the officer to make the service required by the act of assembly. It is therefore a full answer to the exigency of the writ." Sherer v. Easton Bank, 33 Pa. 139. —Nihil habet. He has nothing. The name of a return made by a sheriff to a scire facias or other writ which he has been unable to serve on the defendant.
Nihil alind potest rex quam quod de jure potest. 11 Coke, 74. The king can do nothing except what he can by law do.
Nihil consensu! tarn contrarium est qnam vis atque metus. Nothing is so op­posed to consent as force and fear. Dig. 50, 17, 116.
Nihil de re accrescit ei qui nihil in re qnando jus accresceret habet. Co. Litt 188. Nothing of a matter accrues to him who, when the right accrues, has nothing in that matter.
Nihil dictum quod non dictum prius.
Nothing is said which was not said before. Said of a case where former arguments were repeated. Hardr. 464.
Nihil est enim liberale quod non idem justum. For there is nothing generous which is not at the same time just 2 Kent, Comm. 441. note a.
Nihil est magis ration! consentaneum qnam eodem modo quodque dissolver* quo conflatum est. Nothing is more con­sonant to reason than that a thing should be dissolved or discharged in the same way in which it was created. Shep. Touch. 323.
Nihil f acit error nominis cum de cor-pore constat. 11 Coke, 21. An error at to a name is nothing when there is certainty as to the person.
Nihil habet forum ex scena. The court has nothing to do with what is not before it Bac. Max.
Nihil in lege intolerabilius est [qnam] eandem rem diverso jure censeri. Noth­ing is more intolerable in law than that the same matter, thing, or case should be sub­ject to different views of law. 4 Coke, 93a. Applied to the difference of opinion enter­tained by different courts, as to the law of a particular case. Id.
Nihil infra regnum subditos magis conservat in tranquilitate et concordia qnam debita legum administratio. Noth­ing preserves in tranquillity and concord those who are subjected to the same govern­ment better than a due administration of the laws. 2 Inst 158.
Nihil iniquius quam sequitatem nimis intendere. Nothing is more unjust than to extend equity too far. Halk. 103.
Nihil magis justum est quam quod necessarium est. Nothing is more just than that which is necessary. Dav. Ir. K. B. 12; Branch, Princ.
Nihil neqnam est prsesumendum. Noth­ing wicked is to be presumed. 2 P. Wms. 583.
Nihil perf ectum est dum aliquid restat agendum. Nothing is perfect while any­thing remains to be done. 9 Coke, 96.
Nihil peti potest ante id tempus quo per rerum naturam persolvi possit.
Nothing can be demanded before the time when, by the nature of things, it can be paid. Dig. 50, 17, 186.
Nihil possumns contra veritatem. We
can do nothing against truth. Doct & Stud. dial. 2, c. 6.
Nihil prsescribitur nisi quod posside-tur. There is no prescription for that which is not possessed. 5 Barn. & Aid. 277.
Nihil quod est contra rationem est lici-tum. Nothing that is against reason is law­ful. Co. Litt 976.
Nihil quod est inconveniens est lid-turn. Nothing that is inconvenient is law-

NIHIL SIMUL INVENTUM 819 NIVICOLLINI BRITONES
ful. Co. Lltt. 66a, 976. A maxim very fre­quently quoted by Lord Coke, but to be taken In modern law with some qualification. Broom, Max. 186, 366.
Nihil simul inventum est et perfect-
vm. Co. Litt. 230. Nothing is invented and perfected at the same moment.
Nihil tarn, conveniens est natural! aequitati qnam unumquodque dissolvi eo ligamine quo ligatum est. Nothing is SO consonant to natural equity as that a thing should be dissolved by the same means by which it was bound. 2 Inst. 359; Broom, Max. 877.
Nihil tarn, conveniens est natural! sequitati qnam voluntatem domini rem mam in alium transferre ratam habere.
1 Coke, 100. Nothing is so consonant to nat­ural equity as to regard the intention of the owner in transferring his own property to another.
Nihil tarn natnrale est, quant eo ge-nere quidque dissolvere, quo colligatum est; ideo verborum obligatio verbis tol-litur; nudi consensus obligatio con-trario consensu dissolvitur. Nothing is so natural as to dissolve anything in the way in which it was bound together; there­fore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent Dig. 50, 17, 35; Broom, Max. 887.
Nihil tarn proprium imperio qnam legibus vivere. Nothing is so becoming to authority as to live in accordance with the laws. Fleta, lib. 1, c. 17, S 11.
NIHILIST. A member of a secret asso­ciation, (especially in Russia,) which Is de­voted to the destruction of the present polit­ical, religious, and social institutions. Web­ster.
NIL Lat Nothing. A contracted form of "nihil," which see.
—Nil debet. He owes nothing. The form of the general issue in all actions of debt on simple contract.—Nil habuit in tenementis. He
had nothing [no interest] in the tenements. A plea in debt on a lease indented, by which the defendant seta up that the person claiming to be landlord had no title or interest.—Nil lig­atum. Nothing bound; that is, no obligation has been incurred. Tray. Lat. Max.
Nil agit exemplum litem quod lite re-solvit. An example does no good which settles one question by another. Hatch v. Mann, 15 Wend. (N. Y.) 44, 49.
Nil consensu! tarn oontrarium est quant vis atque metus. Nothing is so op­posed to consent as force and fear. Dig. 50, 17, 116.
Nil facit error nominis cum de cor-pore vel persona constat. A mistake in the name does not matter when the body or person is manifest. 11 Coke, 21/; Broom, Max. 634.
Nil sine prudent! fecit ratione vetus-tas. Antiquity did nothing without a good reason. Co. Litt 65.
Nil temere novandum. Nothing should be rashly changed. Jenk. Cent. 163.
Nimia certitudo certitudinent ipsam destruit. Too great certainty destroys cer­tainty itself. Lofft, 244.
Nimia subtilitas in jure reprobatur.
Wing. Max. 26. Too much subtlety in law is discountenanced.
Nimium altercando Veritas amittitur.
Hob. 344. By too much altercation truth is lost.
NIMMER. A thief; a pilferer.
NISI. Lat. Unless. The word Is often affixed, as a kind of elliptical expression, to the words "rule," "order," "decree," "judg­ment," or "confirmation," to indicate that the adjudication spoken of is one which is to stand as valid and operative unless the par­ty affected by it shall appear and show cause against it or take some other appro­priate step to avoid it or procure its revoca­tion. Thus a "decree nisi" Is one which will definitely conclude the defendant's rights unless, within the prescribed time, he showa cause to set it aside or successfully appeals. The word, in this sense, is opposed to "ab­solute." And when a rule nisi is finally con­firmed, for the defendant's failure to show cause against it, it is said to be "made abso­lute."
—Nisi feceris. The name of a clause com­monly occurring in the old manorial writs, com­manding that, if the lords failed to do justice, the king's court or ofBcer should do it. By vir­tue of this clause, the king's court usurped the jurisdiction of the private, manorial, or local courts. Stim. Law Gloss.—Nisi prius. The nisi prius courts are such as are held for the trial of issues of fact before a jury and one pre­siding judge. In America the phrase is famil­iarly used to denote the forum (whatever may be its statutory name) in which the cause was-tried to a jury, as distinguished from the ap­pellate court. See 3 Bl. Comm. 58.—Nisi prius clause. In practice. A clause entered on the record in an action at law, authorizing the trial of the cause at nisi prius in the par­ticular county designated. It was first used by way of continuance.—Nisi prius roll. In practice. The roll or record containing the pleadings, issue, and jury process of an action, made up for use in the nisi prius court.—Nisi prius wxit. The old name of the writ of venire, which originally, in pursuance of the statute of Westminster 2, contained the nisi prius clause. Reg. Jud. 28, 75; CowelL
NIVICOLUNI BRITONES. In old
English law. Welshmen, because they livfr

NO AWARD 820 NOLO CONTENDERE
near high mountains covered with snow. Du Cange.
NO AWARD. The name of a plea in an action on an award, by which the defendant traverses the allegation that an award was made.
NO BILIi. This phrase, when indorsed by a grand jury on an indictment, is equiva­lent to "not found," "not a true bill," or "ig­noramus."
NO FUNDS. See Fund.
NO GOODS. This is the English equiva­lent of the Latin term "nulla bona," being the form of the return made by a sheriff or constable, charged with an execution, when he has found no property of the debtor on which to levy.
No man can hold the same land im­mediately of two several landlords. Co.
Litt. 152.
No man is presumed to do anything against nature. 22 Yin. Abr. 154.
No man shall set up his infamy as a defense. 2 W. Bl. 364.
No one can grant or convey what he does not own. Seymour v. Canandaigua & N. F. R. Co., 25 Barb. (N. Y.) 284, 30L See Saltus v. Everett, 20 Wend. (N. T.) 267, 32 Am. Dec. 541; Fassett v. Smith, 23 N. T. 252; Brower v. Peabody, 13 N. T. 121; Beav­ers v. Lane, 6 Duer (N. Y.) 232.
NOBILE OFFICIUM. In Scotch law. An equitable power of the court of session, to give relief when none is possible at law. Ersk. Inst. 1, 3, 22; Bell.
Nobiles magis plectuntur pecnnia; plebes vero in corpore. 3 Inst. 220. The higher classes are more punished in money; but the lower in person.
Nobiles sunt, qui arma gentilitia an-tecessornm snornm proferre possnnt.
2 Inst. 595. The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors.
Nobiliores et benigniores prsesnmp-tiones in dubiis sunt prseferendse. In
cases of doubt, the more generous and more benign presumptions are to be preferred. A civil-law maxim.
Nobilitas est dnplex, superior et in­ferior. 2 Inst 583. There are two sorts of nobility, the higher and the lower.
NOBILITY. In English law. A divi­sion of the people, comprehending dukes,
marquises, earls, viscounts, and barons. These had anciently duties annexed to their respective honors. They are created either by writ, i. e., by royal summons to attend the house of peers, or by letters patent, i. e., by royal grant of any dignity and degree of peerage; and they enjoy many privileges, exclusive of their senatorial capacity. 1 BL Comm. 396.
NOCENT. From Latin "nocere." Guilty. "The nocent person." 1 Vern. 429.
NOCTANTER. By night. An abolished writ which issued out of chancery, and re­turned to the queen's bench, for the pros-'tration of inclosures, etc.
NOCTES and NOCTEM DE FIBMA.
Entertainment of meat and drink for so many nights. Domesday.
NOCUMENTUM. Lat.« In old English law. A nuisance. Nocumentum damnosum, a nuisance occasioning loss or damage. Nocumentum injuriosum, an injurious nui­sance. For the latter only a remedy was given. Bract, fol. 221.
NOLENS VOLENS. Lat Whether will­ing or unwilling; consenting or not.
NOLIS. Fr. In French law. Freight. The same with "fret." Ord. Mar. liv. 3, tit. 3.
NOLISSEMENT. Fr. In French ma­rine law. Affreightment Ord. Mar. liv. 3, tit. 1.
NOLLE PROSEQUI. Lat In practice. A formal entry upon the record, by the plaintiff in a civil suit or the prosecuting officer in a criminal action, by which he de­clares that he "will no further prosecute" the case, either as to some of the counts, or some of the defendants, or altogether. State v. Primm, 61 Mo. 171; Com. v. Casey, 12 Allen (Mass.) 214; Davenport v. Newton, 71 Vt 11, 42 Atl. 1087.
A nolle prosequi is in the nature of an ac­knowledgment or undertaking by the plaintiff in an action to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non pros., by which the plaintiff is put out of court with respect to all the defendants. Brown.
NOLO CONTENDERE. Lat I will not contest it The name of a plea in a crim­inal action, having the same legal effect as a plea of guilty, so far as regards all pro­ceedings on the indictment, and on which the defendant may be sentenced. U. S. v. Hartwell, 3 Cliff. 221, Fed. Cas. No. 15,318. Like a demurrer this plea admits, for the purposes of the case, all the facts which are well pleaded, but is not to be used as an

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NOMEM
821 NOMINATIO AUCTORIS

admission elsewhere. Com. v. Tilton, 8 Mete. (Mass.) 232. Not available as an estoppel In a civil action. Com. v. Horton, 9 Pick. (Mass.) 206.
NOMEN. Lat. In the civil law. A name; the name, style, or designation of a person. Properly, the name showing to what gens or tribe he belonged, as distinguished from his own individual name, (the prceno-men,) from his surname or family name, (cognomen,) and from any name added by way of a descriptive title, (agnomen.)
The name or style of a class or genus of persons or objects.
A debt or a debtor. Ainsworth; Calvin.
-Nomen collectivum. A collective name or term; a term expressive of a class; a term in­cluding several of the same kind; a term ex­pressive of the plural, as well as singular, num­ber.—Nomen generate. A general name; the name of a genus. Fleta, lib. 4, c. 19, § 1.— Nomen generalissimum. A name of the most general kind} a name or term of the most general meaning. By the name of "land," which is nomen generalissimnm, everything terrestrial will pass. 2 Bl. Comm. 19; 3 Bl. Comm. 172. —Nomen juris. A name of the law; a tech­nical legal term.—Nomen transcriptitinm. See Nomina Transcbiptitia.
Nomen est quasi rei notamen. A name is, as it were, the note of a thing. 11 Coke, 20.
Nomen non snfficit, si res non sit do jure ant de facto. A name is not sufficient if there be not a thing [or subject for it] 4e jure or de facto. 4 Coke, 107&.
Nomina mutabilia sunt, res antem im-mobiles. Names are mutable, but things are immovable, [immutable.] A name may be true or false, or may change, but the thing itself always maintains its identity. 6 Coke, 66.
Nomina si neseis perit cognitio rernm; «t nomina si perdas, certe distinctio rernm perditnr. Co. Litt. 86. If you know not the names of things, the knowledge of things themselves perishes; and, if you lose the names, the distinction of the things Is certainly lost
Nomina sunt notse rernm. 11 Coke, 20. Names are the notes of things.
Nomina sunt symbola rernm. Godb. Names are the symbols of things.
NOMINA TRANSCRIPTITIA.. In Ro­man law. Obligations contracted by Uteres (i. e., Uteris ooligationes) were so called be­cause they arose from a peculiar transfer (transcriptio) from the creditor's day-book (adversaria) into his ledger, (codex.)
NOMINA VFLLARUM. In English law. An account of the names of all the villages
and the possessors thereof, in each county, drawn up by several sheriffs, (9 Edw. II.,) and returned by them into the exchequer, where it is still preserved. Wharton.
NOMINAL. Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest.
—Nominal consideration. See Consideea-tion.—Nominal damages. See Damages. —Nominal defendant. A person who is join­ed as defendant in an action, not because he is immediately liable in damages or because any specific relief is demanded as against him, but because his connection with the subject-matter is isuch that the plaintiffs action would be de­fective, under the technical rules of practice, if he were not joined.—Nominal partner. A person who appears to be a partner in a firm, or is so represented to persons dealing with the firm, or who allows his name to appear in the style of the firm or to be used in its business, in the character of a partner, but who has no actual interest in the firm or business. Story, Partn. § 80.—Nominal plaintiff. One who has no interest in the subject-matter of the action, having assigned the same to another, (the real plaintiff in interest, or "use plaintiff,") but who must be joined as plaintiff, because, under technical rules of practice, the suit can­not be brought directly in the name of the as­signee.
NOMINATE. To propose for an appoint­ment; to designate for an office, a privilege, a living, etc.
NOMINATE CONTRACTS. In the civil law. Contracts having a proper or peculiar name and form, and which were divided into four kinds, expressive of the ways in which they were formed, viz.: (1) Real, which arose ex re, from something done; (2) verbal, ex verois, from something said; (3) literal, ex Uteris, from something written; and (4) consensual, ex consensu, from some­thing agreed to. Calvin.
NOMINATIM. Lat. By name; express­ed one by one.
NOMINATING AND REDUCING. A
mode of obtaining a panel of special jurors in England, from which to select the jury to try a particular action. The proceeding takes place before the under-sheriff or sec­ondary, and in the presence of the parties' solicitors. Numbers denoting the persons on the sheriff's list are put into a box and drawn until forty-eight unchallenged per­sons have been nominated. Each party strikes off twelve, and the remaining twenty-four are returned as the "panel," (q. v.) This practice is now only employed by order of the court or judge. (Sm. Ac. 130; Juries Act 1870, § 17.) Sweet
NOMINATIO AUCTORIS. Lat In Ro­man law. A form of plea or defense in an action for the recovery of real estate, by which the defendant, sued as the person apparently in possession, alleges that he

NOMINATION
822
NON-ASSESSABLE

holds only in the name or for the benefit of another, whose name he discloses by the plea, in order that the plaintiff may bring his action against such other. See Mackeld. Rom. Law, § 297.
NOMINATION. An appointment or des­ignation of a person to fill an office or dis­charge a duty. The act of suggesting or proposing a person by name as a candidate for an office.
—Nomination to a living. In English ec­clesiastical law. The rights of nominating and of presenting to a living are distinct, and may reside in different persons. Presentation is the offering a clerk to the bishop. Nomination is the offering a clerk to the person who has the right of presentation. Brown.
NOMINATIVUS PENDENS. Lat. A nominative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of a deed inter partes, "This inden­ture," etc., down to "whereas," though an intelligible and convenient part of the deed, are of this kind. Wharton.
NOMINE. Lat. By name; by the name of; under the name or designation of.
NOMINE PCENiE. In* the name of a penalty. In the civil law, a legacy was said to be left nomine poence where it was left for the purpose of coercing the heir to do or not to do something. Inst. 2, 20, 36.
The term has also been applied, in English law, to some kinds of covenants, such as a covenant inserted in a lease that the lessee shall forfeit a certain sum on non-payment of rent, or on doing certain things, as plow­ing up ancient meadow, and the like. 1 Crabb, Real Prop. p. 171, § 155.
NOMINEE. One who has been nominat­ed or proposed for an office.
NOMOCANON. (1) A collection of can­ons and imperial laws relative or conform­able thereto. The first nomocanon was made by Johannes Scholasticus in 554. Photius, patriarch of Constantinople, in 883, compiled another nomocanon, or collation of the civil laws with the canons; this is the most cele­brated. Balsamon wrote a commentary up­on it in 1180. (2) A collection of the ancient canons of the apostles, councils, and fathers, without any regard to imperial constitutions. Such is the nomocanon by M. Cotelier. Enc. Lond.
NOMOGRAPHER. One who writes on the subject of laws.
NOMOGRAPHY. A treatise or descrip­tion of laws.
NOMOTHETA. A lawgiver; such as Solon and Lycurgus among the Greeks, and
Osesar, Pompey, and Sylla among the Ro­mans. Calvin.
NON-ACCEPTANCE. The refusal to ac­cept anything.
NON ACCEPTAVIT. In pleading. The name of a plea to an action of assumpsit brought against the drawee of a bill of ex­change by which he denies that he accepted the same.
NON-ACCESS. In legal parlance, this term denotes the absence of opportunities for sexual intercourse between husband and wife; or the absence of such intercourse.
Non accipi debent verba in demonstra-tionem f alsam, quae competunt in lintita-tionem veram. Words ought not to be taken to import a false demonstration which may have effect by way of true limitation. Bac. Max. p. 59, reg. 13; Broom, Max. 642.
NON ACCREVIT INFRA SEX ANNOS.
It did not accrue within six years. The name of a plea by which the defendant sets up the statute of limitations against a cause of action which is barred after six years.
NON-ACT. A forbearance from action; the contrary to act.
NON-ADMISSION. The refusal of ad­mission.
NON-AGE. Lack of requisite legal age. The condition of a person who is under twen­ty-one years of age, in some cases, and un­der fourteen or twelve in others; minority.
Non alio modo puniatur aliquis qnam secundum quod se nabet condemnatio. 3
Inst. 217. A person may not be punished dif­ferently than according to what the sentence enjoins.
Non aliter a significatione verborum recedi oportet qnam cum manif estnm est, aliud sensisse testatorem. We must never depart from the signification of words, un­less it is evident that they are not con­formable to the -will of the testator. Dig. 32, 69, pr.; Broom, Max. 568.
NON-APPARENT EASEMENT. A non-continuous or discontinuous easement. Fet­ters v. Humphreys, 18 N. J. Eq. 262. See Easement.
NON-APPEARANCE. A failure of ap­pearance; the omission of the defendant to appear within the time limited.
NON-ASSESSABLE. This word, placed upon a certificate of stock, does not cancel or impair the obligation to pay the amount due upon the shares created by the acceptance

NON ASSUMPSIT
823 NON DEBEO MELIORIS

and holding of such certificate. At most Its legal effect is a stipulation against liability from further assessment or taxation after the entire subscription of one hundred per cent, shall have been paid. Upton v. Tribil-cock, 91 U. S. 45, 23 L. Ed. 203.
NON ASSUMPSIT. The general issue in the action of assumpsit; being a plea by which the defendant avers that "he did not undertake" or promise as alleged.
NON ASSUMPSIT INFRA SEX AN-NOS. He did not undertake within six years. The name of the plea of the statute of limitations, in the action of assumpsit.
Non auditur perire volens. He who is
desirous to perish is not heard. Best, Ev. 423, § 385. He who confesses himself guilty of a crime, with the view of meeting death, will not be heard. A maxim of the foreign law of evidence. Id.
NON-BAILABLE. Not admitting of bail; not requiring bail.
NON BIS IN IDEM. Not twice for the same; that is, a man shall not be twice tried for the same crime. This maxim of the civil law (Code, 9, 2, 9, 11) expresses the same principle as the familiar rule of our law that a man shall not be twice "put in jeopardy" for the same offense.
NON CEPIT. He did not take. The gen­eral issue in replevin, where the action is for the wrongful taking of the property; put­ting in issue not only the taking, but the place in which the taking is stated to have been made. Steph. PL 157, 167.
NON-CLAIM. The omission or neglect of him who ought to claim his right within the time limited by law; as within a year and a day where a continual claim was re­quired, or within five years after a fine had been levied. Termes de la Ley.
—Covenant of non-c^aim. See Covenant.
NON-COMBATANT. A person connect­ed with an army or navy, but for purposes other than fighting; such as the surgeons and chaplains. Also a neutral.
NON-COMMISSIONED. A non-commis-sioned officer of the army or militia is a subordinate officer who holds his rank, not by commission from the executive authority of the state or nation, but by appointment by a superior officer.
NON COMPOS MENTIS. Lat Not
sound of mind; insane. This is a very gen­eral term, embracing all varieties of mental derangement. See Insanity.
Coke has enumerated four different classes of persons who are deemed in law to be non com-
potes mentis: First, an idiot, or fool natural: second, he who was of good and sound mind ana memory, but by the act of God has lost it; third, a lunatic, lunations -qui gaudet lucidis intervallis, who sometimes is of good sound mind and memory, and sometimes non compos mentis; fourth, one who is non compos mentis by his own act, as a drunkard. Co. Litt 247a/ 4 Coke, 124.
Non concedantnr citationes prinsqnam exprimatur super qua re fieri debet cita-tio. 12 Coke, 47. Summonses should not be granted before it is expressed on what matter the summons ought to be made.
NON CONCESSIT. Lat He did not
grant The name of a plea denying a grant, which could be made only by a stranger.
NON-CONFORMIST. In English law. One who refuses to comply with others; one who refuses to join in the established forms of worship.
Non-conformists are of two sorts: (1) Such as absent themselves from divine worship in the Established Church through total irre-ligion, and attend the service of no other persuasion; (2) such as attend the religious service of another persuasion. Wharton.
Non consentit qui errat. Bract foL 44. He who mistakes does not consent
NON CONSTAT. Lat. If does not ap­pear; it is not clear or evident. A phrase used in general to state some conclusion as not necessarily following although it may ap­pear on its face to follow.
NON-CONTINUOUS EASEMENT. A
non-apparent or discontinuous easement Fetters v. Humphreys, 18 N. J. Eq. 262. See Easement.
NON CULPABILIS. Lat. In pleading. Not guilty. It is usually abbreviated "non cul"
NON DAMNIFICATUS. Lat Not in­jured. This is a plea in an action of debt on an indemnity bond, or bond conditioned "to keep the plaintiff harmless and indemni­fied," etc. It is in the nature of a plea of performance, being used where the defend­ant means to allege that the plaintiff has been kept harmless and indemnified, accord­ing to the tenor of the condition. Steph. PL (7th Ed.) 300, 301. State Bank v. Chet-wood, 8 N. J. Law, 25.
Non dat qui non habet. He who has not
does not give. Lofft 258; Broom, Max. 467.
Non debeo mclioris condition!* esse, quant anctor mens a quo jvs in me trans­it. I ought not to be in better condition than he to whose rights I succeed. Dig. 50, 17 175, 1.

NON DEBET ACTORI LIOERE 824
NON EST PACTUM

Non debet actori licere quod reo non permittitur. A plaintiff ought not to be allowed what is not permitted to a defend­ant A rule of the civil law. Dig. 50, 17, 41.
Non debet adduci exceptio ejus rei cu­ius petitur dissolutio. A plea of the same matter the dissolution of which is sought [by the action] ought not to be brought for­ward. Broom, Max. 166.
Non debet alii nocere, quod inter alios actum est. A person ought not to be preju­diced by what has been done between oth­ers. Dig. 12, 2, 10.
Non debet alteri per alteram iniqua conditio inferri. A burdensome condition ought not to be brought upon one man by the act of another. Dig. 50, 17, 74.
Non debet cui plus licet, quod minus est non licere. He to whom the greater is lawful ought not to be debarred from the less as unlawful. Dig. 50, 17, 21; Broom, Max. 176.
Non debet did tendere in prsejudicium ecclesiastical liberatatis quod pro rege et republica necessarium videtur. 2 Inst. 625. That which seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty.
Non decet homines dedere causa non cognita. It is unbecoming to surrender men when no cause is shown. In re Washburn, 4 Johns. Ch. (N. Y.) 106, 114, 8 Am. Dec. 548; Id., 3 Wheeler, Cr. Cas. (N. Y.) 473, 482.
NON DECIMANDQ. See De non De-
OIMANDO.
Non decipitur qui scit se decipi. 5
Coke, 60. He is not deceived who knows himself to be deceived.
NON DEDIT. Lat. In pleading. He did not grant The general issue in forme-don.
NON-DELIVERY. Neglect, failure, or refusal to deliver goods, on the part of a carrier, vendor, bailee, etc.
NON DETINET. Lat He does not de­tain. The name of the general issue in the action of detinue. 1 Tidd, Pr. 645; Berlin Mach. Works v. Alabama Gity Furniture Co., 112 Ala. 488, 20 South. 418.
The general issue in the action of replevin, where the action is for the wrongful deten­tion only. 2 Burrill, Pr. 14.
Non differunt quae concordant re, tametsi non in verbis iisdem. Those things do not differ which agree in substance, though not in the same words. Jenk. Cent p. 70, case 32.
NON DIMISIT. L. Lat He did not de­mise. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise.
NON-DIRECTION. Omission on the part of a judge to properly instruct the jury upon a necessary conclusion of law.
NON DISTRINGENDO. A writ not to distrain.
Non dubitatur, etsi specialiter vendi­tor evictionem non promiserit, re evic-ta, ex empto competere actionem. It is
certain that, although the- vendor has not given a special guaranty, an action ex empto lies against him, if the purchaser is evicted. Code, 8, 45, 6; Broom, Max. 768.
Non efficit affectus nisi sequatur ef-fectus. The intention amounts to nothing unless the effect follow. 1 Rolle, 226.
Non erit alia lex Roma, alia Athsenis; alia nunc, alia posthac; sed et ornnes gentes, et omni tempore, una lex, et sempiterna, et immortalis continebit.
There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time. Cic. Frag, de Repub. lib. 3; 3 Kent Comm. 1.
Non est arctius vinculum inter hom­ines quam jusjurandum. There is no closer [or firmer] bond between men than an oath. Jenk. Cent p. 126, case 54.
Non est certandum de regulis juris.
There is no disputing about rules of law.
Non est consonum rationi, quod cog-nitio accessor!! in curia christianitatis impediatur, ubi cognitio causae princi­palis ad forum ecclesiasticum noscitur pertinere. 12 Coke, 65. It is unreasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court when the cognizance of the principal cause is admitted to appertain to an ecclesiastical court
Non est disputandum contra principia negantem. Co. Litt. 343. We cannot dis­pute against a man who denies first prin­ciples.
NON EST FACTUM. Lat A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant It denies that the deed mentioned in the declaration is the defendant's deed. Under this, the defendant may contend at the trial that the deed was never executed in point of fact; but he cannot deny its validity in

NON EST PACTUM
825 NON INTROMITTANT CLAUSE

point of law. Wharton; Haggart v. Morgan, 5 N. Y. 422, 55 Am. Dec. 350; Evans v. South­ern Turnpike Co., 18 Ind. 101.
The plea of non est factum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the ex­ecution of the instrument is alleged to be the act of the party filing the plea, or adopt­ed by him. Code Ga. 1882, § 3472.
—Special non est factum. A form of the plea of non est factum, in debt on a specialty, by which the defendant alleges that, although he executed the deed, yet it is in law "not his deed," because of certain special circumstances which he proceeds to set out; as, where he de­livered the deed as an escrow, and it was turn­ed over to the plaintiff prematurely or without performance of the condition.
NON EST INVENTUS. Lat. He is not found. The sheriff's return to process re­quiring him to arrest the body of the de­fendant, when the latter is not found within his jurisdiction. It is often abbreviated "n. e. i.," or written, in English, "not found.'' The Bremena v. Card (D. C.) 38 Fed. 144.
Non est justum aliqnem antenatnm post mortem facere bastard-am qni toto tempore vitse suse pro legitimo habe-batur. It is not just to make an elder-born a bastard after his death, who during his lifetime was accounted legitimate. 12 Coke, 44.
Non est novum nt priores leges ad posteriores trahantnr. It is no new thing that prior statutes should give place to later ones. Dig. 1, 3, 36; Broom, Max. 28.
Non est regnla qnin f allet. There is no rule but what may fail. Off. Exec 212.
Non est singulis concedendum, qnod per magistratnm pnblice possit fieri, ne occasio sit majoris tumultus faciendi.
That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumults. Dig. 50, 17, 176.
Non ex opinionibus singulorum, sed ex commnni nsi, nomina exaudiri debent.
The names of things ought to be understood, not according to the opinions of individuals, but according to common usage. Dig. 33, 10, 7, 2.
Non facias malum, ut inde fiat bonum.
You are not to do evil, that good may be or result therefrom. 11 Coke, 74a; 5 Coke, 306.
NON FECIT. Lat He did not make it A plea in an action of assumpsit on a promis­sory note. 3 Man. & G. 446.
NON FECIT VASTUM CONTRA PRO-HIBITIONEM. He did not commit waste
against the prohibition. A plea to an action founded on a writ of estrepement for waste. 3 Bl. Comm. 226, 227.
NON HZGC IN FCKDERA VENI. I did
not agree to these terms.
Non impedit clausula derogatoria quo minus ad eadem potestate res dissol-vantur a qua constituuntur. A derogatory clause does not impede things from being dissolved by the same power by which they are created. Broom, Max. 27.
NON IMPEDIVIT. Lat He did not
impede. The plea of the general issue in quare impedit. The Latin form of the law French "ne disturba pas."
NON IMPLACITANDO AXIQUEM DE LIBERO TENEMENTO SINE BREVI.
A writ to prohibit bailiffs, etc., from dis­training or impleading any man touching his freehold without the king's writ. Reg. Orig. 171.
Non in legendo sed in intelligendo legis consistunt. The laws consist not in being read, but in being understood. 8 Coke, 167a.
NON INFREGIT CONVENTIONEM.
Lat He did not break the contract The name of a plea sometimes pleaded in the action of covenant, and intended as a gen­eral issue, but held to be a bad plea; there being, properly speaking, no general issue in that action. 1 Tidd, Pr. 356.
NON-INTERCOURSE. 1. The refusal of one state or nation to have commercial dealings with another; similar to an em­bargo, (q. v.)
2. The absence of access, communication, or sexual relations between husband and wife.
NON INTERFUI. I was not present A reporter's note. T. Jones, 10.
NON-INTERVENTION WIIX. A term sometimes applied to a will which authorises the executor to settle and distribute the estate without the intervention of the court and without giving bond. In re Macdonald's Estate, 29 Wash. 422, 69 Pac 1111.
NON. Lat Not The common particle of negation.
NON-ABIUTY. Want of ability to do an act in law, as to sue. A plea founded up­on such cause. Cowell.
NON INTROMITTANT CLAUSE. In
English law. A clause of a charter of a municipal borough, whereby the borough is

NON INTROMITTENDO 826 NON OMITTAS
exempted from the jurisdiction of the jus­tices of the peace for the county.
NON INTROMITTENDO, QUANDO BREVE PRAECIPE IN CAPITE SUB-DOLE IMPETRATUR. A writ addressed to the justices of the bench, or in eyre, com­manding them not to give one who, under color of entitling the king to land, etc., as holding of him in capite, had deceitfully ob­tained the writ called "praecipe in capite," any benefit thereof, but to put him to his writ of right. Beg. Orig. 4.
NON-ISSUABLE FLEAS. Those upon which a decision would not determine the action upon the merits, as a plea in abate­ment 1 Chit. Archb. Pr. (12th Ed.) 249.
NON-JOINDER. See Joindeb.
NON JURIDICUS. Not judicial; not legal. Dies non jurtdicus is a day on which legal proceedings cannot be had.
NON-JURORS. In English law. Per­sons who refuse to take the oaths, required by law, to support the government.
Non jug ex regula, sed regula ex jure.
The law does not arise from the rule (or maxim,) but the rule from the law. Tray. Lat. Max. 384.
Non jus, sed seisina, facit stipitem.
Not right, but seisin, makes a stock. Fleta lib. 6, c. 2, § 2. It is not a mere right to enter on lands, but actual seisin, which makes a person the root or stock from which all future inheritance by right of blood must be derived. 2 Bl. Comm. 209, 312. See Broom, Max. 525, 527.
NON-LEVIABLE. Not subject to be, levied upon. Non-leviable assets are assets upon which an execution cannot be levied. Farmers' F. Ins. Co. v. Conrad, 102 Wis. 387, 78 N. W. 582.
Non licet quod dispendio licet. That iwhich may be [done only] at a loss is not allowed [to be done.] The law does not per­mit or require the doing of an act which will result only in loss. The law forbids such recoveries whose ends are vain, chargeable, and unprofitable. Co. Litt 127&.
NON LIQUET. Lat It Is not clear. In the Roman courts, when any of the judges, after the hearing of a cause, were not satis­fied that the case was made clear enough for them to pronounce a verdict, they were privileged to signify this opinion by casting a ballot inscribed with the letters "N. L.," the abbreviated form of the phrase "non liquet."
NON-MAILABLE. A term applied to all letters and parcels which are by law exclud-
ed from transportation in the United States mails, whether on account of the size of the package, the nature of its contents, its obscene character, or for other reasons. See U. S. v. Nathan (D. C.) 61 Fed. 936.
NON MERCHANDIZANDA VICTU-ALIA. An ancient writ addressed to jus­tices of assize, to inquire whether the magis­trates of a town sold victuals in gross or by retail during the time of their being in office, which was contrary to an obsolete statute; and to punish them if they did. Reg. Orig. 184.
NON MOLESTANDO. A writ that lay for a person who was molested contrary to the king's protection granted to him. Reg. Orig. 184.
Non nasci, et natum mori, paria sunt.
Not to be born, and to be dead-born, are the same.
NON-NEGOTIABLE. Not negotiable; not capable of passing title or property by indorsement and delivery.
Non obligat lex nisi promnlgata. A
law is not obligatory unless it be promul­gated.
Non observata forma, infertur adnul-latio actus. Where form is not observed, an annulling of the act is Inferred or fol­lows. 12 Coke, 7.
NON OBSTANTE. Lat. Notwithstand­ing. Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Bur-rill.
A clause frequent in old English statutes and letters patent, (so termed from its initial words,) importing a license from the crown to do a thing which otherwise a person would be restrained by act of parliament from doing. Crabb, Com. Law, 570; Plowd. 501; Cowell.
A power in the crown to dispense with the laws in any particular case. This was abolished by the bill of rights at the Revolu­tion. 1 Bl. Comm. 342.
-Non obstante veredicto. Notwithstand­ing the verdict. A judgment entered by order of court for the plaintiff, although there has been a verdict for the defendant, is so called. German Ins Co. v. Frederick, 58 Fed. 144, 7 C. C. A. 122; We,ntworth v. Wentworth, 2 Minn. 282 (Gil. 238), 72 Am. Dec. 97; Hill v, Ragland, 114 Ky. 209, 70 S. W. 634.
Non offieit conatus nisi sequatur ef-fectus. An attempt does not harm unless a consequence follow. 11 Coke, 98.
NON OMITTAS. A clause usually In­serted in writs of execution, in England, di­recting the sheriff "not to omit" to execute

NON OMNE DAMNUM 827
NON-RESIDENCE

the writ by reason of any liberty, because there are many liberties or districts in which the sheriff has no power to execute process unless he has special authority. 2 Steph. Comm. 630.
If on omne damnum indnoit injuriam.
It is not every loss that produces an injury. Bract fol. 456.
Non omne quod licet honestum est.
It is not everything which is permitted that la honorable. Dig. 50, 17, 144; Howell T. Baker, 4 Johns. Ch. (N. Y.) 121.
Non omnium quae a majoribus nostris constituta rant ratio reddi potest.
There cannot be given a reason for all the things which have been established by our ancestors. Branch, Princ.; 4 Coke, 78; Broom, Max. 157.
NONPAYMENT. The neglect failure, or refusal of payment of a debt or evidence of debt when due.
NON-PERFORMANCE. Neglect, fail­ure, or refusal to do or perform an act stipu­lated to be done. Failure to keep the terms of a contract or covenant in respect to acts or doings agreed upon.
Non pertinet ad judicem secularem cognoscere de lis quae sunt mere spi-ritualia annesa. 2 Inst 488. It belongs not to the secular judge to take cognizance of things which are merely spiritual.
NON-PIiEVIN. In old English law. De­fault in not replevying land in due time, when the same was taken by the king upon a default. The consequence thereof (loss of seisin) was abrogated by St 9 Edw. III. c. 2.
NON PONENDIS IN ASSISIS ET JURATIS. A writ formerly granted for freeing and discharging persons from serv­ing on assizes and juries. Fitzh. Nat. Brev. 165.
Non possessor! incumbit necessitas proband! possessiones ad se pertinere.
A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714.
Non potest addnci exceptio ejus ret cujus petitur dissolutio. An exception of the same thing whose avoidance is sought cannot be made. Broom, Max. 166.
Non potest probari quod probatum non relevat. 1 Exch. 91, 92. That cannot be proved which, if proved, is immaterial.
Non potest quis sine brevi agere. No
one can sue without a writ. Fleta, lib. 2, c 13, { 4. A fundamental rule of old practice.
Non potest rex gratiam faoere rum injuria et daxnno aliornm. The king can­not confer a favor on one subject which occasions injury and loss to others. 3 Inst 236; Broom, Max. 63.
Non potest rex subditnm renitentem onerare impositionibus. The king cannot load a subject with imposition against his consent 2 Inst 61.
Non potest videri desisse habere qui nunquam habuit. He cannot be considered as having ceased to have ,a thing who never had it Dig. 50, 17, 208.
NON PROSEQUITUR. Lat If, in the
proceedings in an action at law, the plain­tiff neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for that purpose, the defendant may enter judgment of non pros, against him, whereby it is adjudged that the plaintiff does not follow up (non prosequitur) his suit as he ought to do, and therefore the defendant ought to have judg­ment against him. Smith, Act. 96; Com. v. Casey, 12 Allen (Mass.) 218; Davenport v. Newton, 71 Vt 11, 42 Atl. 1087; Buena Vista Freestone Co. v. Parrish, 34 W. Va. 652, 12 S. E. 817.
NON QUIETA MOVERE. Lat Not to
disturb what is settled. A rule expressing the same principle as that of stare decisis, (q. v.)
Non quod dictum est, sed quod factum est inspicitur. Not what is said, but what is done, is regarded. Co. Litt 36a.
Non refert an quis assensum suum praefert verbis, ant rebus ipsis et factis.
10 Coke, 52. It matters not whether a man gives his assent by his words or by his acta and deeds.
Non refert quid ex sequipollentibua fiat. 5 Coke, 122. It matters not which of [two] equivalents happen.
Non refert quid notum sit judici, si notunt non sit in forma judicii. It mat­ters not what is known to a judge, if it be not known in judicial form. 3 Bulst 115. A leading maxim of modern law and prac­tice. Best, Ev. Introd. 31, § 38.
Non refert verbis an factis fit revo-catio. Cro. Car. 49. It matters not wheth-* er a revocation is made by words or deeds.
NON-RESIDENCE. Residence beyond the limits of the particular jurisdiction.
In ecclesiastical law. The absence of spiritual persons from their benefices.

NON-RESIDENT
828 NON VALEBIT FELONIS

NON-RESIDENT. One who is not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum. Gardner v. Meeker, 169 111. 40, 48 N. B. 307; Nagel v. Loomis, 33 Neb. 499, 50 N. W. 441; Morgan v. Nunes, 54 Miss. 310. For. the distinction between "residence" and "domi­cile," see Domicile.
NON-RESIDENTIO FRO CLERIC O REGIS. A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his non-residence; in which case he is to be dis­charged. Reg. Orig. 58.
Non respondebit minor nisi in causa dotis, et hoc pro favore doti. 4 Coke, 71. A minor shall not answer unless in a cast of dower, and this in favor of dower.
NON SANJE MENTIS. Lat Of un­sound mind. Fleta, lib. 6, c. 40, § 1.
NON-SANE. As "sane," when applied to the mind, means whole, sound, in a health­ful state, "non-sane" must mean not whole, not sound, not in a healthful state; that is, broken, impaired, shattered, infirm, weak, diseased, unable, either from nature or acci­dent, to perform the rational functions com­mon to man upon the objects presented to it. Den v. Vancleve, 5 N. J. Daw, 589, 661.
—Non-sane memory, Unsound memory ; un­sound mind. In re Beaumont, 1 Whart. {Pa.) 52, 29 Am. Dec. 33; In re Forman's Will, 54 Barb. <N. Y.) 286.
NON SEQUITUR. Lat It does not fol­low.
Non aolent qua abundant vitiare •cripturas. Superfluities [things which abound] do not usually vitiate writings. Dig. 50, 17, 94.
Non solum, quid licet, sed quid est conveniens, est considerandunt; quia nihil qnod est fnconveniens est licitnm.
Not only what is lawful, but what is proper or convenient, is to be considered; because nothing that is inconvenient is lawful. Co. Litt. 66a.
NON SOLVENDO PECUNIAM AD QUAM CLERICUS MULCTATUR PRO NON-RESIDENTIA. A writ prohibiting an ordinary to take a pecuniary mulct imposed on a clerk of the sovereign for non-residence. Reg. Writ. 59.
NON SUBMISSIT. Lat He did not submit A plea to an action of debt, on a bond to perform an award, to the effect that the defendant did not submit to the arbitra­tion.
NON STJI JURIS. Lat Not his own
master. The opposite of sui juris, (g. v.)
NON SUM INFORMATUS. Lat I am
not informed; I have not been instructed. The name of a species of judgment by de­fault, which is entered when the defendant's attorney announces that he is not informed of any answer to be given by him; usually in pursuance of a previous arrangement be­tween the parties.
NON-SUMMONS, WAGER OF LAW
OF. The mode in which a tenant or de­fendant in a real action pleaded, when the summons which followed the original was not served within the proper time.
Non temere eredere est nervus sapi-entise. 5 Coke, 114. Not to believe rashly is the nerve of wisdom.
NON TENENT INSIMUL. Lat In
pleading. A plea to an action in partition, by which the defendant denies that he and the plaintiff are joint tenants of the estate in question.
NON TENUIT. Lat He did not hold. This is the name of a plea in bar in re­plevin, by which the plaintiff alleges that he did not hold in manner and form as averred, being given in answer to an avowry for rent in arrear. See Rose. Real Act 638.
NON-TENURE. A plea In a real action, by which the defendant asserts, either as to the whole or as to some part of the land mentioned in the plaintiff's declaration, that he does not hold it Pub. St Mass. 1882, p. 1293.
NON-TERM. The vacation between two terms of a court
NON-TERMINUS. The vacation be­tween term and term, formerly called the time or days of the king's peace.
NON-USER. Neglect to use. Neglect to use a franchise; neglect to exercise an of­fice. 2 Bl. Comm. 153. Neglect or omis­sion to use an easement or other right. 3 Kent, Comm. 448. A right acquired by use may be lost by non-user.
NON USURPAVIT. Lat He has not
usurped. A form of traverse, in an action or proceeding against one alleged to have usurped an office or franchise, denying the usurpation charged. See Com. v. Cross Cut R. Co., 53 Pa. 62.
Non valebit felonis generatio, nee ad hsereditatem paternam vel ntaternam; si autem ante feloniant generationem fecerit, talis generatio sneeedit in hsere-ditate patris vel matris a quo non fu-erit felonia perpetrata. 3 Coke, 41. The offspring of a felon cannot succeed either to

NON VALENTIA AGERE 829 NONSUIT
a maternal or paternal Inheritance; but, if he had offspring before the felony, such off­spring may succeed as to the inheritance of the father or mother by whom the felony was not committed.
NON VALENTIA AGERE. Inability to sue. 5 Bell, App. Cas. 172.
Non valet conflrmatio, nisi ille, qui eonflrmat, sit, in possessione rei vel ju­ris undo fieri debet conflrmatio; et eo-dem modo, nisi ille oni conflrmatio fit sit in possessione. Co. Litt. 295. Con­firmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be made, and, in like manner, unless he to whom confirmation is made is in possession.
Non valet exceptio ejnsdem rei en jus petitnr dissolntio. A plea of the same matter the dissolution of which is sought, is not valid. Called a "maxim of law and common sense." 2 Eden, 134.
Non valet intpedimentnm quod de jure non sortitnr effectum. 4 Coke, 31a. An impediment which does not derive its effect from law is of no force.
Non verbis, sed ipsis rebus, leges im-ponimus. Cod. 6, 43, 2. We impose laws, not upon words, but upon things themselves.
Non videntur qui errant consentire.
They are not considered to consent who commit a mistake. Dig. 50, 17, 116, | 2; Broom, Max. 262.
Non videtur consensum retinuisse si quis ex prseseripto minantis aliquid immutavit. He does not appear to have retained consent, who has changed anything through menaces. Broom, Max. 278.
Non videtur perfecte cujusque id esse, quod ez casu auferri potest. That does not seem to be completely one's own which can be taken from him on occasion. Dig. 50, 17, 139, 1.
Non videtur quisquam id capere quod ei necesse ..est alii restitutere. Dig. 50, 17, 51. No one is considered entitled to re­cover that'which he must give up to another.
Non videtur vim facere, qui jure suo utitur et ordinaria actione experitur.
He is not deemed to use force who exercises his own right, and proceeds by ordinary action. Dig. 50, 17, 155, 1.
NON VUI.T CONTENDERE. Lat He
(the defendant in a criminal case) will not contest it. A plea legally equivalent to that of guilty, being a variation of the form "nolo
contendere," (g. v.,) and sometimes abbrevi­ated "non vult."
NON.X ET DECISIS!. Payments made to the church, by those who were tenants of church-farms. The first was a rent or duty for things belonging to husbandry; the sec­ond was claimed in right of the church. Wharton.
NONAGIUM, or NONAGE. A ninth part of movables which was paid to the clergy on the death of persons in their parish, and claimed on pretense of being <Sth tributed to pious uses. Blount.
NONES. In the Roman calendar. The fifth and, in March, May, July, and October, the seventh day of the month. So called because, counting inclusively, they were nine days from the ides. Adams, Rom. Ant. 355, 357.
NONFEASANCE. The neglect or failure of a person to do some act which he ought to do. The term is not generally used to denote a breach of contract, but rather the failure to perform a duty towards the public whereby some individual sustains special damage, as where a sheriff fails to execute a writ. Sweet. See Coite v. Lines, 33 Conn. 115; Gregor v. Cady, 82 Me. 131, 19 Atl. 108, 17 Am. St. Rep. 466; Carr v. Kansas City (C. C.) 87 Fed. 1; Minkler v. State, 14 Neb. 181, 15 N. W. 330; Illinois Cent. R. Co. v. Foulks, 191 111. 57, 60 N. E. 890.
NONNA. In old ecclesiastical law. A nun. Nonnus, a monk. Spelman.
NONSENSE. Unintelligible matter in a written agreement or will.
NONSUIT. Not following up the cause; failure on the part of a plaintiff to continue the prosecution of his suit. An abandon­ment or renunciation of his suit, by a plain­tiff, either by omitting to take the next nec­essary steps, or voluntarily relinquishing the action, or pursuant to an order of the court. An order or judgment, granted upon the trial of a cause, that the plaintiff has abandoned, or shall abandon, the further prosecution of his suit.
A voluntary nonsuit Is one incurred by the plaintiffs own act or omission, and is a judgment entered against him as a conse­quence of his abandoning or not following up his cause, or being absent when his pres­ence is required. Sandoval v. Rosser, 86 Tex. 682, 26 S. W. 933; Deeley v. Heintz, 169 N. Y. 129, 62 N. E. 158; Boyce v. Snow, 88 111. App. 405.
An involuntary nonsuit is one which takes place when the plaintiff fails to appear when his case is before the court for trial or at the time when the jury are to deliver their verdict, or when he has given no evidence on which a jury may find a verdict, or when

NONSUIT
830
NOTARIUS

his case is put out of court by some adverse rnling which precludes a recovery. Boyce v. Snow, 187 111. 181, 58 N. E. 403; Deeley v. Heintz, 169 N. Y. 129, 62 N. E. 158; Stults v. Forst, 135 Ind. 297, 34 N. E. 1125; Wil­liams v. Finks, 156 Mo. 597, 57 S. W. 732. A peremptory nonsuit is a compulsory or involuntary nonsuit, ordered by the court upon a total failure of the plaintiff to sub­stantiate his claim by evidence. Jacques v. Fourthman, 137 Pa. 428, 20 Atl. 802.
NOOK OF LAND. In English law. Twelve acres and a half.
NORMAL. Opposed to exceptional; that state wherein any body most exactly com­ports in all its parts with the abstract idea thereof, and is most exactly fitted to per­form its proper functions, is entitled "nor­mal."
—Normal law. A term employed by modern writers on jurisprudence to denote the law as it affects persons who are in a normal condition; t. e., sui juris and sound in mind.—Normal school. See School.
NORMAN FRENCH. The tongue in which several formal proceedings of state in England are still carried on. The lan­guage, having remained the same since the date of the Conquest, at which it was in­troduced into England, is very different from the French of this day, retaining all the pe­culiarities which at that time distinguished every province from the rest. A peculiar mode of pronunciation (considered authentic) is handed down and preserved by the officials who have, on particular occasions, to speak the tongue. Norman French was the language of English legal procedure till the 36 Edw. III. (A. D. 1382). Wharton.
NORROY. In English law. The title of the third of the three kings-at-arms, or pro­vincial heralds.
NORTHAMPTON TABLES. Longevity and annuity tables compiled from bills of mortality kept in All Saints parish, Eng­land, in 1735-1780.
Noscitnr a sociis. It is known from its associates. 1 Vent. 225. The meaning of a word is or may be known from the accom­panying words. 3 Term R. 87; Broom, Max. 588.
Noscitnr ez socio, qui non cognos-citur ex se. Moore, 817. He who cannot be known from himself may be known from his associate.
» NOSOCOMI. In the civil law. Persons who have the management and care of hos­pitals for paupers.
NOT FOUND. These words, indorsed on a bill of indictment by a grand jury, have
the same effect as the indorsement "Not a true bill" or "Ignoramus."
NOT GUILTY. A plea of the general issue in the actions of trespass and case and in criminal prosecutions.
The form of the verdict in criminal cases, where the jury acquit the prisoner. 4 BL Comm. 361.
NOT GUILTY BY STATUTE. In Eng­lish practice. A plea of the general issue by a defendant in a civil action, when he intends to give special matter in evidence by virtue of some act or acts of parliament, in which case he must add the reference to such act or acts, and state whether such acts are public or otherwise. But, if a defendant so plead, he will not be allowed to plead any other defense, without the leave of the court or a judge. Mozley & Whitley.
NOT POSSESSED. A special traverse used in an action of trover, alleging that de­fendant was not possessed, at the time of ac­tion brought, of the chattels alleged to have been converted by him.
NOT PROVEN. A verdict in a Scotch criminal trial, to the effect that the guilt of the accused is not made out, though his in­nocence is not clear.
NOT SATISFIED. A return sometimes made by sheriffs or constables to a writ of execution; but it is not a technical formula, and is condemned by the courts as ambigu­ous and insufficient. See Martin v. Martin, 50 N. O. 346; Langford v. Few, 146 Mo. 142, 47 S. W. 927, 69 Am. St Rep. 606; Merrick v. Carter, 205 111. 73, 68 N. E, 750.
NOT TRANSFERABLE. These words, when written across the face of a negotia­ble instrument operate to destroy its ne­gotiability. Durr v. State, 59 Ala. 24.
NOTA. Lat In the civil law. A mark or brand put upon a person by the law. Mac-keld. Rom. Law, § 135.
NOTiE. In civil and old European law. Short-hand characters or marks of contrac­tion, in which the emperors' secretaries took down what they dictated. Spelman; Calvin.
NOTARIAL. Taken by a notary; per­formed by a notary in his official capacity; belonging to a notary and evidencing his offi­cial character, as, a notarial seal.
NOTARIUS. Lat In Roman law. A
draughtsman; an amanuensis; a short-hand writer; one wha took notes of the proceed­ings in the senate or a court, or of what was

NOTARIUS
831
NOTICE

dictated to him by another; one who pre­pared draughts of wills, conveyances, etc.
In old English law. A scribe or scrive­ner who made short draughts of writings and other instruments; a notary. Cowell.
NOTARY PUBLIC. A public officer whose function is to attest and certify, by bis hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgments of deeds and other convey­ances, and certify the same; and to perform certain official acts, chiefly in commercial matters, such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. See Kirk-sey v. Bates, 7 Port. <Ala.) 531, 31 Am. Dec. 722; First Nat. Bank v. German Bank, 107 Iowa, 543, 78 N. W. 195, 44 L R. A. 133, 70 Am. St. Bep. 216; In re Huron, 58 Kan. 152, 48 Pac. 574, 36 D. R. A. 822, 62 Am. St. Rep. 614; Bettman v. Warwick, 108 Fed. 46, 47 O. C. A. 185.
NOTATION. In English probate prac­tice, notation is the act of making a memo­randum of some special circumstance on a probate or letters of administration. Thus, where a grant is made for the whole personal estate of the deceased within the United Kingdom, which can only be done in the case of a person dying domiciled in England, the fact of his having been so domiciled is noted on the grant. Coote, Prob. Pr. 36; Sweet.
NOTE, v. To make a brief written state­ment; to enter a memorandum; as to note an exception.
—Note a bill. When a foreign bill has been dishonored, it is usual for a notary public to present it again on the same day, and, if it be not then paid, to make a minute, consisting of his initials, the day, month, and year, and rea­son, if assigned, of non-payment. The making of this minute is called "noting the bill. Wharton.
NOTE, n. An abstract, a memorandum; an informal statement in writing. Also a negotiable promissory note. See Bought Note; Notes; Judgment Note; Pbomisso-»t Note; Sold Note.
—Note of a fine. In old conveyancing. One of the parts of a fine of lands, being an abstract of the writ of covenant, and the concord; nam­ing tiie parties, the parcels of land, and the agreement. 2 Bl. Comm. 351.—Note of al­lowance. In English practice. This was a note delivered by a master to a party to a cause, who alleged that there was error in law in the record and proceedings, allowing him to bring error.—Note of hand. A popular name for a promissory note. Perry v. Maxwell, 17 N. C. 496; Hopkins v. Holt, 9 Wis. 230.— Note of protest. A memorandum of the fact of protest, indorsed by the notary upon the bill, at the time, to be afterwards written out at length.—Note or memorandum. The statute of frauds requires a "note or memorandum" of the particular transaction to be made in writ­ing and signed, etc. By this ia generally un-
derstood an informal minute or memorandum made on the spot. See Clason v. Bailey, 14 Johns. (N. Y.) 492.
NOTES. In practice. Memoranda made by a judge on a trial, as to the evidence ad­duced, and the points reserved, etc. A copy of the judge's notes may be obtained from his clerk.
NOTHUS. Lat. In Roman law. A nat­ural child or a person of spurious birth.
NOTICE. Knowledge; information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Used in this sense in such phras­es as "A. had notice of the conversion," "a purchaser without notice of fraud," etc.
Notice is either (1) statutory, ?. e., made so by legislative enactment; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. Constructive notice may be subdivided into: (a) Where there exists actual notice of matter, to whfch equity has added constructive notice of facts, which # an inquiry after such matter would have elicited; and (6) where there has been a designed abstinence from inquiry for the very purpose of escaping notice. Wharton.
In • another sense, "noface" means infor­mation of an act to be done or required to be done; as of a motion to be made, a trial to be had, a plea or answer to be put in, costs to be taxed, etc. In this sense, "notice" means an advice, or written warning, in more or less formal shape, intended to ap­prise a person of some proceeding in which his interests are involved, or informing him of some fact which it is his right to know and the duty of the notifying party to com­municate.
Classification. Notice is actual or construc­tive. Actual notice is notice expressly and actually given, and brought home to the party directly, in distinction from notice inferred or imputed by the law on acount of the existence of means of knowledge. Jordan v. Pollock, 14 Ga. 145; Johnson v. Dooly, 72 Ga. 297; Mor-ey v. Milliken, 86 Me. 464, 30 Atl. 102; Mc-Cray v. Clar, 82 Pa. 457; Brinkman v. Jones, 44 Wis. 498; White v. Fisher, 77 Ind. 65, 40 Am. Rep. 287; Clark v. Lambert, 55 W. Va. 512, 47 S. E. 312. Constructive notice is in­formation or knowledge of a fact imputed by law to a person, (although he may not actually have it,) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it. Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984; Wells v. Sheerer, 78 Ala. 142; Jordan v. Pollock, 14 Ga. 145; Jackson v. Waldstein (Tex. Civ. App.) 27 S. W. 26; Acer v. Westcott, 46 N. Y. 384, 7 Am. Rep. 355. Further as to the distinction between actual and constructive notice, see Baltimore v. Whit­tington, 78 Md. 231, 27 Atl. 984; Thomas v. Flint, 123 Mich. 10, 81 N. W. 936, 47 L. R. A. 499; Vaughn v. Tracy, 22 Mo. 420.
Notice is also further classified as express or implied. Express notice embraces not only knowledge, but also that which is communicated

NOTICE
NOTIO

by direct information, either written or oral, from those who are cognizant of the fact com­municated. Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984. Implied notice is one of the varieties of actual notice (not constructive) and is distinguished from "express" actual notice. It is notice inferred or imputed to a party by reason of his knowledge of facts or circum­stances collateral to the main fact, of such a character as to put him upon inquiry, and which, if the inquiry were followed up with due diligence, would lead him definitely to the knowledge of the main fact Rhodes v. Outcalt, 48 Mo. 370; Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984; Wells v. Sheerer, 78 Ala. 147. Or as otherwise defined, implied notice may be said to exist where the fact in question lies open to the knowledge of the party, so that the exercise of reasonable observation and watchfulnss would not fail to apprise him of it, although no one has told him of it in so many words. See Philadelphia t. Smith (Pa.) 16 Atl. 493.
Other compound and descriptive terms. —Judicial notice. The act by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the pro­duction of evidence, recognize the existence and truth of certain facts, having a bearing on the controversy at bar, and which, from their na­ture, are not properly the subject of testimony, or which are universally regarded as establish­ed by common notoriety, e. g., the laws of the state, international law, historical events, the constitution and course of nature, main geo­graphical features, etc. North Hempstead v. Gregory, 53 App. Div. 350, 65 N. Y. Supp. 867; State v. Main, 69 Conn. 123, 37 Atl. 80, 36 I* R. A. 623, 61 Am. St Rep. 30.—Legal notice. Such notice as is, adequate in point of law; such notice as the law requires to be given for the specific purpose or in the particular case. See Sanborn v. Piper, 64 N. H. 335, 10 Atl. 680; People's Bank v. Etting, 17 Phila. (Pa.) 235.—Notice, averment of. In pleading. The allegation in a pleading that notice has been given.—Notice in lien of service. In lieu of personally serving a writ of summons (or other legal process,) in English practice, the court occasionally allows the plaintiff (or other party) to give notice in lieu of service, such no­tice being such as will in all probability reach the party. This notice is peculiarly appropriate in the case of a foreigner out of the jurisdiction, whom it is desired to serve with a writ of sum­mons. Sweet—Notice of action. When it is intended to sue certain particular individuals, as in the case of actions against justices of the peace, it is necessary in some jurisdictions to give them notice of the action some time before. —Notice of appearance. See Appearance. —Notice of dishonor. See Dishonor.—No­tice of lis pendens. See Lis Pendens.— Notice of protest. See Protest.—Notice of judgment. It is required by statute in sev­eral of the states that the party for whom the verdict in an action has been given shall serve upon the other party or his attorney a written notice of the time when judgment is entered. The time allowed for taking an appeal runs from such notice.—Notice of motion. A no­tice in writing, entitled in a cause, stating that, on a certain day designated, a motion will be made to the court for the purpose or object stated. Field v. Park, 20 Johns. (N. Y.) 140. —Notice of trial. A notice given by one of the parties in an action to the other, after an issue has been reached, that he intends to bring the cause forward for trial at the next term of the court.—Notice to admit. In the practice of the English high court, either party to an action may call on the other party by notice to admit the existence and execution of any document, in order to save the expense of prov­ing it at the trial; and the party refusing to admit must bear the costs »f proving it unless
the judge certifies that the refusal to admit was reasonable. No costs of proving a document will in general be allowed, unless such a notice is given. Rules of Court, xxxii. 2; Sweet—No­tice to plead. This is a notice which, in the practice of some states, is prerequisite to the taking judgment by default. It proceeds from the plaintiff, and warns the defendant that he must plead to the declaration or complaint with­in a prescribed time.—Notice to produce. In practice. A notice in writing, given in an ac­tion at law, requiring the opposite party to pro­duce a certain described paper or document at the trial. Chit. Archb. Pr. 230; 3 Chit. Gen. Pr. 834.—Notice to quit. A written notice given by a landlord to his tenant stating that the former desires to repossess himself of the demised premises, and that the latter is requir­ed to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance. The term is also sometimes applied to a written no­tice given by the tenant to the landlord, to the effect that he intends to quit the demised prem­ises and deliver possession of the same on a day named. Garner v. Hannah, 6 Duer (N. Y.) 270; Oakes v. Munroe, 8 Cush. (Mass.) 287.—Per­sonal notice. Communication of notice oral­ly or in writing (according to the circumstan­ces) directly to the person affected or to be charged, as distinguished from constructive or implied notice, and also from notice imputed to him because given to his agent or representa­tive. See Loeb v. Huddleston, 105 Ala. 257, 16 South. 714; Pearson v. Lovejoy, 53 Barb. (N. Y.) 407.—Presumptive notice. Implied actual notice. The difference between "pre­sumptive" and "constructive" notice is that the former is an inference of fact which is capable of being explained or contradicted, while the latter is a conclusion of law which cannot be contradicted. Brown v. Baldwin, 121 Mo. 106, 25 S. W. 858; Drey v. Doyle, 99 Mo. 459. 12 S. W. 287; Brush v. Ware, 15 Pet 98, 10 K Ed. 672.—Public notice. Notice given to the public generally, or to the entire community, or to all whom it may concern. See Pennsyl­vania Training School v. Independent Mut. P. Ins. Co., 127 Pa. 559, 18 Atl. 392.—Reason­able notice. Such notice or information of a fact as may fairly and properly be expected or required in the particular circumstances. Ster­ling Mfg. Co. v. Hough, 49 Neb. 618, 68 N. W. 1019; Mallory v. Lefty, 1 Kan. 102.
NOTIFY. In legal proceedings, and In respect to public matters, this word is gen­erally, if not universally, used as importing a notice given by some person, whose duty It was to give it, in some manner prescribed, and to some person entitled to receive it, or be notified. Appeal of Potwine, 31 Conn. 384.
NOTING. As soon as a notary has made presentment and demand of a bill of ex­change, or at some seasonable hour of the same day, he makes a minute on the bill, or on a ticket attached thereto, or in his book of registry, consisting of his initials, the month, day, and year, the refusal of accept­ance or payment, the reason, if any, assigned for such refusal, and his charges of protest This is the preliminary step towards, the pro­test, and is called "noting." 2 Daniel, Neg. Inst. § 939.
NOTIO. Lat In the civil law. The power of hearing and trying a matter o?

NOTITIA
833
NOVELLA LEONIS

fact; the power or authority of a judex; the power of hearing causes and of pronounc­ing sentence, without any degree of jurisdic­tion. Calvin.
NOTITIA. Lat. Knowledge; informa­tion; intelligence; notice.
Notitia dicitnr a noscendo; et notitia non debet clandicare. Notice is named from a knowledge being had; and notice ought not to halt, [i. e., be imperfect.] 6 Coke, 29.
NOTORIAL. The Scotch form of "nota­rial," (q. v.) Bell.
NOTORIETY. The state of being noto­rious Or universally well known.
—Proof by notoriety. In Scotch law, dis­pensing with positive testimony as to matters of common knowledge or general notoriety, the same as the "judicial notice" of English and American law. See Notice.
NOTORIOUS. In the law of evidence, matters deemed notorious do not require to be proved. There does not seem to be any recognized rule as to what matters are deem­ed notorious. Cases have occurred in which the state of society or public feeling has been treated as notorious; e. g., during times of sedition. Best, Ev. 354; Sweet.
—Notorious insolvency. A condition of in­solvency which is generally known throughout the community or known to the general class of persons with whom the insolvent has busi­ness relations.—Notorious possession. In the rule that a prescriptive title must be founded on open and "notorious" adverse possession, this term means that the possession or character of the holding must in its nature possess such elements of notoriety that the owner may be presumed to have notice of it and of its extent. Watrous v. Morrison, 33 Fla. 261, 14 South. 805, 39 Am. St. Rep. 139.
NOTOUR. In Scotch law. Open; no­torious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor, retires to sanctuary or ab­sconds or defends by force, and is afterwards found insolvent by the court of session. Bell.
Nova eonstitntio fntnris formam im-ponere debet non prseteritis. A new state of the law ought to affect the future, not the past. 2 Inst. 292; Broom, Max. 34, 37.
NOVA CUSTUMA. The name of an im­position or duty. See Antiqua Custuma.
NOVA STATUTA. New statutes. An appellation sometimes given to the statutes which have been passed since the beginning of the reign of Edward III. 1 Steph. Comm. 88.
NOV^J NARRATIONES. New counts. The collection called "Novce Narrationes" contains pleadings in actions during the reign Bi*Law Dict.(2d Ed.)—53
of Edward III. It consists principally of dec­larations, as the title imports; but there are sometimes pleas and subsequent pleadings. The Articuli ad Novas Narrationes is usual­ly subjoined to this little book, and is a small treatise on the method of pleading. It first treats of actions and courts, and then goes through each particular writ, and the decla­ration upon it, accompanied with directions, and illustrated by precedents. 3 Reeve, Eng. Law, 152; Wharton.
NOVALE. Land newly plowed and con­verted into tillage, and which has not been tilled before within the memory of man; also fallow land.
NOVALIS. in the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 30, 2.
Novatio non praesnmitnr. Novation is not presumed. Halk. Lat. Max. 109.
NOVATION. Novation is the substitu­tion of a new debt or obligation for an exist­ing one. Civ. Code Cal. § 1530; Civ. Code Dak. § 863; Hard v. Burton, 62 Vt. 314, 20 Atl. 269; McCartney v. Kipp, 171 Pa. 644, 33 Atl. 233; McDonnell v. Alabama Gold L. Ins. Co., 85 Ala. 401, 5 South. 120; Shafer's Appeal, 99 Pa. 246.
Novation is a contract, consisting of two stipulations,—one to extinguish an existing obligation; the other to substitute a new one in its place. Civ. Code La. art. 2185.
The term was originally a technical term of the civil law, but is now in very general use in English and American jurisprudence.
In the civil law, there are three kinds of nova­tion: (1) Where the debtor and creditor remain the same, but a new debt takes the place of the old one; (2) where the debt remains the same, but a new debtor is substituted; (3) where the debt and debtor remain, but a new creditor is substituted. Adams v. Power, 48 Miss. 451.
NOVEL ASSIGNMENT. See New As­signment.
NOVEL DISSEISIN. See Assise of Novel Disseisin.
NOVELLiE, (or NOVELLiE CONSTI-TUTIONES.) NeW constitutions; generally translated in English, ''Novels." The Latin name of those constitutions which were is­sued by Justinian after the publication of his Code; most of them being originally written in Greek. After his death, a col­lection of 168 Novels was made, 154 of which had been issued by Justinian, and the rest by his successors. These were afterwards Included in the Corpus Juris Civilis, (g. v.,) and now constitute one of its four prin­cipal divisions. Mackeld. Rom. Law, § 80; 1 Kent, Comm. 541.
NOVELLA LEONIS. The ordinances of the Emperor Leo, which were made from

NOVELS
834
NUCES COLLIGERE

the year 887 till the year 893, are so called. These Novels changed many rules of the Jus­tinian law. This collection contains 113 Nov­els, written originally in Greek, and after­wards, in 1560, translated into Latin by Agil-*eus. Mackeld. Rom. Law, § 84.
NOVELS. The title given in English to the New Constitutions (Novella Constitu-Hones) of Justinian and his successors, now forming a part of the Corpus Juris Civilis. See Novella.
NOVELTY. An objection to a patent or claim for a patent on the ground that the invention is not new or original is called an objection "for want of novelty."
NOVERCA. Lat. In the civil law. A step-mother.
NOVERINT UNIVERSI PER PR2E-SENTES. Know all men by these presents. Formal words used at the commencement of deeds of release in the Latin forms.
NOVI OPERIS NUNCIATIO. Lat De­nunciation of, or protest against, a new work. This was a species of remedy in the civil law, available to a person who thought his rights or his property were threatened with injury by the act of his neighber in erecting or demolishing any structure, (which was called a "new work." In such case, he might go upon the ground, while the work was in progress, and publicly protest against or forbid its completion, in the presence of the workmen or of the owner or his repre­sentative
NOVIGHJ>. In Saxon law. A pecun­iary satisfaction for an injury, amounting to nine times the value of the thing for which it was paid. Spelman.
NOVISSIMA RECOPILACION. (Lat­est Compilation.) The title of a collection of Spanish law compiled by order of Don Carlos IV. in 1805. , 1 White, Recop. 355.
NOVITAS. Lat. Novelty; newness; a new thing.
No-vitas non tain utilitate prodest quant novitate perturbat. A novelty does not benefit so much by its utility as it dis­turbs by its novelty. Jenk. Cent. p. 167, case 23.
NOVITER PERVENTA, or NOVITER AD NOTITIAM PERVENTA. In ecclesi­astical procedure. Facts "newly come" to the knowledge of a party to a cause. Leave to plead facts novit&r perventa is generally given, in a proper case, even after the plead­ings are closed. Phillim. Bcc. Law, 1257; Rog. Ecc. Law, 723.
NOVODAMUS. In old Scotch law. (We give anew.) The name given to a charter, or clause in a charter, granting a renewal of a right Bell.
Novum, judicium non dat novum jus, sed declarat antiquum; quia judicium est juris dictum et per judicium jus est noviter revelatum quod diu fuit vela-turn. A new adjudication does not make a new law, but declares the old; because ad­judication is the utterance of the law, and by adjudication the law is newly revealed which was for a long time hidden. 10 Coke, 42.
NOVUM OPUS. Lat In the civil law. A new work. See Novi Opeeis Nunciatio.
NOVUS HOMO. Lat. A new man. This term is applied to a man who has been par­doned of a crime, and so made, as it were, a "new man."
NOXA. Lat. In the civil law. This term denoted any damage or injury done to persons or property by an unlawful act com­mitted by a man's slave or animal. An ac­tion for damages lay against the master or owner, who, however, might escape further responsibility by delivering up the offending agent to the party injured. "Noxa" was al­so used as the designation of the offense committed, and of its punishment, and some­times of the slave or animal doing the dam­age.
Noxa sequitur .caput. The injury [i. C, liability to make good an injury caused by a slave] follows the head or person, [i. e., at­taches to his master.] Heinecc. Elem. 1. 4, t. 8, | 1231.
NOXAL ACTION. An action for dam­age done by slaves or irrational animals. Sandars, Just. Inst (5th Ed.) 457.
NOXAXIS ACTIO. Lat. In the civil law. An action which lay against the mas­ter of a slave, for some offense (as theft or robbery) committed or damage or injury done by the slave, which was called "noxa." Usually translated "noxal action."
NOXIA. Lat In the civil law. An offense committed or damage done by a slave. Inst 4, 8, 1.
NOXIOUS. Hurtful; offensive; offensive to the smell. Rex v. White, 1 Burrows, 337. The word "noxious" includes the complex idea both of insalubrity and offensiveness. Id.
NUBH.IS. Lat In the civil law. Mar­riageable; one who is of a proper age to be married.
NUCES COLLIGERE. Lat To collect nuts. This was formerly one of the works

NUDA PACTIO OBLIGATIONEM 835
NUISANCE

or services imposed by lords upon their in­ferior tenants. Paroch. Antiq. 495.
Nnda pactio obligationem non parit.
A naked agreement [i. e., without consid­eration] does not beget an obligation. Dig. 2, 14, 7, 4; Broom, Max. 746.
NUDA PATIENTIA. Lat Mere suf­ferance,
NUDA POSSESSIO. Lat Bare or mere possession.
Nnda ratio et nnda pactio non ligant aliqnem debitor em. Naked reason and naked promise do not bind any debtor. Fle-ta, 1. 2, c. 60, § 25.
NUDE. Naked. This word is applied metaphorically to a variety of subjects to indicate that they are lacking in some essen­tial legal requisite.
—Nnde contract. One made without any consideration; upon which no action will lie, in conformity with the maxim "ew nudo paoto non oritur actio." 2 Bl. Comm. 445.—Nnde matter. A bare allegation of a thing done, unsupported by evidence.
NUDUM PACTUM. Lat. A naked pact; a bare agreement; a promise or un­dertaking made without any consideration for it Justice v. Lang, 42 N. Y. 493, 1 Am. Rep. 576; Wardell v. Williams, 62 Mich. 50, 28 N. W. 800, 4 Am. St. Rep. 814.
Nndnm pactum est nbi nulla subest causa prseter conventionem; sed nbi sub­est eansa, fit obligatio, et parit action­em. A naked contract is where there is no consideration except the agreement; but, where there Is a consideration, it becomes an obligation and gives a right of action. Plowd. 309; Broom, Max. 745, 750.
Nndnm pactum ex qno non oritur ac­tio. Nudum pactum is that upon which no action arises. Cod. 2, 3, 10; Id. 5, 14, 1; Broom, Max. 676.
NUEVA RECOPELACION. (New Com­pilation.) The title of a code of Spanish law, promulgated in the year 1567. Schm. Civil Law, Introd. 79-81.
NUGATORY. Futile; ineffectual; In­valid; destitute of constraining force or vi­tality. A legislative act may be "nugatory" because unconstitutional.
NUISANCE. Anything that unlawfully worketh hurt, inconvenience, or damage. 3 BL Comm. 216.
That class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper,
indecent, or unlawful personal conduct, work' ing an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, dis­comfort, or hurt that the law will presume a consequent damage. Wood, Nuis. § 1.
Anything which is injurious to health, or is indecent or offensive to the senses, or an ob­struction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the freenas,gage_.ox nsp, trrX^^""rnmaTV manTTCT^TTf airynavigable lake or fiver, bay, stream, canal, or 1Ba^Ifii^cnr~uny"~pTrbh'c park,-"square, "street, or highway, is a niusance. Civ. Code Cal. § 3479. And see Veazie v. Dwinel, 50 Me. 479; People v. Metropolitan Tel. Co., 11 Abb. N. C. (N. Y.) 304; Bohan v. Port Jervis Gaslight Co., 122 N. Y. 18, 25 N. E. 246, 9 L. R. A. 711; Baltimore & P. R. Co. v. Fifth Bap­tist Church, 137 U. S. 568, 11 Sup. Ct. 185, 34 L. Ed. 784; Id., 108 U. S. 317, 2 Sup. Ct. 719, 27 L. Ed. 739; Cardington v. Fred­erick, 46 Ohio St. 442, 21 N. E. 766; Gifford v. Hulett, 62 Vt. 342, 19 Atl. 230; Ex parte Foote, 70 Ark. 12, 65 S. W. 706, 91 Am. St. Rep. 63; Carthage v. Munsell, 203 111. 474, 67 N. E. 831; Northern Pac. R. Co. v. Whalen, 149 U. S. 157, 13 Sup. Ct. 822, 37 *L. Ed. 686; Phinizy v. City Council of Augusta, 47 Ga. 266; Allen v. Union Oil Co., 59 S. C. 571, 38 S. E. 274.
Classification. Nuisances are commonly classed as public and private, to which is some­times added a third class called mixed. A pub­lic nuisance is one which affects an indefinite number of persons, or all the residents of a particular locality, or all people coming within the extent of its range or operation, although the extent of the annoyance or damage inflict­ed upon individuals may be unequal; and hence, though only ? a few persons may be actually injured or annoyed at any given time, it is none the less a public nuisance if of such a character that it must or will injure or an­noy all that portion of the general public which may be compelled to come into contact with it, or within the range of its influence. See Bum-ham v. Hotchkiss, 14 Conn. 317; Chesbrough v. Com'rs, 37 Ohio St. 508; Lansing v. Smith, 4 Wend. (N. Y.) 30, 21 Am. Dee. 89; Nolan v. New Britain, 69 Conn. 668, 38 Atl. 703; Kelley v. New York, 6 Misc. Rep. 516, 27 N. Y. Supp. 164; Kissel v. Lewis, 156 Ind. 233, 59 N. E. 478; Burlington v. Stockwell, 5 Kan. App. 569, 47 Pac. 988; Jones v. Chanute, 63 Kan. 243, 65 Pac. 243; Civ. Code Cal. § 3480. A private nuisance was originally defined as anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. 3 Bl. Comm. 216. But the modern 'definition includes any wrongful act which destroys or deteriorates the property of another or inter­feres with his lawful use or enjoyment thereof, or any act which unlawfully hinders him in the enjoyment of a common or public right and causes him a special injury. Therefore, al­though the ground of distinction between pub­lic and private nuisances is still the injury to the community at large or, on the other hand, to a single individual, it is evident that the same thing or act may constitute a public nui­sance and at the same time a private nuisance, being the latter as to any person who sustains from it, in his person or property, a special injury different from that of the general pub­lic. See Heeg v. Licht, 80 N. Y. 582, 36 Am. Rep. 654; Baltzeger v. Carolina Midland R. Co., 54 S. C. 242, 32 S. E. 358, 71 Am. St Rep. 789; Kavanagh v. Barber, 131 N. Y. 211, 30 N. E. 235, 15 L. R. A. 689; Haggart t, Stehlin, 137 Ind. 43, 35 N. E. 997, 22 L. R. A. 577; Dorman v. Ames, 12 Minn. 461 (Gil. 347) ; Ackerman v. True, 175 N. Y. 353, 67 N. BV

NUISANCE
836 NULLI ENIM RES SUA SERVIT

629; Kissel y. Lewis, 156 Ind. 233, 59 N. E. 478; Willcox v. Hines, 100 Tenn. 538, 46 S. W. 297, 41 L. R. A. 278, 66 Am. St. Rep. 770. A mixed nuisance is of the kind last described; that is, it is one which is both public and pri­vate in its effects,—public because it injures many persons or all the community, and private in that it also produces special injuries to private rights. Kelley v. New York, 6 Misc. Rep. 516, 27 N. Y. Supp. 164.
Other compound and descriptive terms. —Actionable nuisance. See Actionable.— Assize of nuisance. In old practice, this was a judicial writ directed to the sheriff of the county in which a nuisance existed, in which it was stated that the party injured complained of some particular fact done ad nocumentum Uteri tenementi sui, (to the nuisance of his freehold,) and commanding the sheriff to sum­mon an assize (that is, a jury) to view the premises, and have them at the next commisr sion of assizes, that justice might be done, etc. 3 Bl. Comm. 221.—Common nuisance. One which affects the public in general, and not merely some particular person; a public nui­sance. 1 Hawk. iP. C. 197.—Continuing nui­sance. An uninterrupted or periodically re­curring nuisance; not necessarily a constant or unceasing injury, but a nuisance which oc­curs so often and is so necessarily an incident of the use of property complained of that it can fairly be said to be continuous. Parley v. Gaslight Co., 105 Ga. 323, 31 S. E. 193.—Nui­sance per se. One which constitutes a nui­sance at all times and under all circumstances, irrespective of locality or surroundings, as, things prejudicial to public morals or dangerous to life or injurious to public rights; distin­guished from things declared to be nuisances by statute, and also from things which consti­tute nuisances only when considered with ref­erence to their particular location or other in­dividual circumstances. Hundley v. Harrison, 123 Ala. 292, 26 South. 294; Whitmore v. Paper Co., 91 Me. 297, 39 Atl. 1032, 40 L. R. A. 377, 64 Am. St. Rep. 229; Windfall Mfg. Co. v. Patterson, 148 Ind. 414, 47 N. E. 2, 37 L. R. A. 381, 62 Am. St. Rep. 532.
NTJL. No; none. A law French nega­tive particle, commencing many phrases.
—Nul agard. No award. The name of a plea in an action on an arbitration bond, by which the defendant traverses the making of any legal award.—Nul disseisin. In pleading. No disseisin. A plea of the general issue in a real action, by which the defendant denies that there was any disseisin.—Nul tiel corpora­tion. No such corporation [exists.] The form of a plea denying the existence of an alleged corporation.—Nul tiel record. No such record. A plea denying the existence of any such rec­ord as that alleged by the plaintiff. It is the general plea in an action of debt on a judg­ment. Hoffheimer v. Stiefel, 17 Misc. Rep. 236, 39 N. Y. Supp. 714.—Nul tort. In plead­ing. A plea of the general issue to a real ac­tion, by which the defendant denies that he committed any wrong.—Nul waste. No waste. The name of a plea in an action of waste, denying the committing of waste, and form­ing the general issue.
Nul charter, nul vente, ne nul done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de propertie. Co. Litt 266. No grant, no sale, no gift, Is valid forever, un­less the donor, at the time of the contract, Is seised of two rights, namely, the right of possession, and the right of property.
Nul ne doit s'enrichir aux depens des autres. No one ought to enrich himself at the expense of others.
Nul prendra advantage de son tort demesne. No one shall take advantage of his own wrong.' 2 Inst 713; Broom, Max. 290.
Nul sans damage avera error on at­taint. Jenk. Cent. 323. No one shall have error or attaint unless he has sustained damage.
NUIX. Naught; of no validity or effect Usually coupled with the word "void;" as "null and void." Forrester v. Boston, etc., Min. Co., 29 Mont. 397, 74 Pac. 1088; Hume v. Eagon, 73 Mo. App. 276.
NULLA BONA. Lat No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his juris­diction on which he could levy. Woodward v. Harbin, 1 Ala. 108; Reed v. Lowe, 163 Mo. 519, 63 S. W. 687, 85 Am. St Rep. 578; Lang-ford v. Few, 146 Mo. 142, 47 S. W. 927, 69 Am. St. Rep. 606.
Nulla curia quae recordum non habet potest imponere finem neque aliquem mandare carceri; quia ista spec tan t tan-tummodo ad curias de recordo. 8 Coke, 60. No court which has not a record can impose a fine or commit any person to pris­on; because those powers belong only to courts of record.
Nulla emptio sine pretio esse potest.
There can be no sale without a price. Brown v. Bellows, 4 Pick. (Mass.) 189.
Nulla impossibilia aut inhonesta sunt prsesumenda; vera autem et honesta et possibilia. No things that are impossible or dishonorable are to be presumed; but things that are true and honorable and pos­sible. Co. Litt 78&.
Nulla pactione efflci potest ut dolus prsestetur. By no agreement can it be ef­fected that a fraud shall be practiced. Fraud will not be upheld, though it may seem to be authorized by express agreement 5 Maule & S. 466; Broom, Max. 696.
Nulla virtus, nulla scientia, locum suum et dignitatem conservare potest sine modestia. Co. Litt 394. Without modesty, no virtue, no knowledge, can pre­serve its place and dignity.
Nulle terre sans seigneur. No land without a lord. A maxim of feudal law. Guyot, Inst Feod. c. 28.
Nulli enim res sua servit jure servi-tutis. No one can have a servitude over his

NULLITY
837 NULLUS DICITUR FBLO

own property. Dig. 8, 2, 26; 2 Bouv. Inst no. 1600; Grant v. Chase; 17 Mass. 443, 9 Am. Dec. 161.
NULLITY. Nothing; no proceeding; an act or proceeding in a cause which the op­posite party may treat as though it had not taken place, or which has absolutely no legal force or effect. Salter v. Hilgen, 40 Wis. 363; Jenness v. Lapeer County Circuit Judge, 42 Mich. 469, 4 N. W. 220; Johnson v. Hines, 61 Md. 122.
—Absolute nullity. In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public interest, while the latter is that which affects one certain individual. Sunol v. Hepburn, 1 Cal. 281. No such distinction, however, is recognized in American law, and the term "absolute nullity" is used more for emphasis than as indicating a degree of invalid­ity. As to the ratification or subsequent valida­tion of "absolute nullities," see Means v. Rob­inson, 7 Tex. 502, 516.—Nullity of marriage. The entire invalidity of a supposed, pretended, or attempted marriage, by reason of relation­ship or incapacity of the parties or other diri­ment impediments. An action seeking a decree declaring such an assumed marriage to be null and void is called a suit of "nullity of mar­riage." It differs from an action for divorce, because the latter supposes the existence of a valid and lawful marriage. See 2 Bish. Mar. & Div. §§ 289-294.
NULLIUS FILIUS. Lat. The son of no­body ; a bastard.
Nullius hotminis auctoritas apud nos valere debet, ut meliora non sequere-mur si quis attulerit. The authority of no man ought to prevail with us, so far as to prevent our following better [opinions] if any one should present them. Co. Litt. 383&.
NUIXIUS IN BONIS. Lat. Among the property of no person.
NUIXIUS JURIS. Lat. In old English law. Of no legal force. Fleta, lib. 2, c. 60, S 24.
NULLUM ARBITRIUM. L. Lat. No award. The name of a plea in an action on an arbitration bond, for not fulfilling the award, by which the defendant traverses the allegation that there was an award made.
Nullum crimen ma jus est inobedien-tia. No crime is greater than disobedience. Jenk. Cent p. 77, case 48. Applied to the refusal of an officer to return a writ.
Nullum exemplum est idem omnibus.
No example is the same for all purposes. Co. Litt. 212a. No one precedent is adapted to all cases. A maxim in conveyancing.
NULLUM FECERUNT ARBITRIUM.
L. Lat In pleading. The name of a plea
to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to ar­bitration, etc. Bac. Abr. "Arbitr." etc., G.
Nullum iniquum est prsesumendum in jure. 7 Coke, 71. No iniquity is to be pre­sumed in law.
Nullum matrimonium, ibi nulla dos.
No marriage, no dower. Wait t. Wait, 4 Barb. (N. Y.) 192, 194.
Nullum simile est idem nisi quatuor pedibus currit. Co. Litt. 3. No like is identical, unless it run on all fours.
Nullum simile quatuor pedibus currit.
No simile runs upon four feet, (or all fours, as it is otherwise expressed.) No simile holds in everything. Co. Litt. 3a/ Ex parte Foster, 2 Story, 143, Fed. Cas. No. 4960.
NULLUM TEMPUS ACT., In English law. A name given to the statute 3 Geo. III. c. 16, because that act, in contravention of the maxim "Nullum tempus occurrit regi," (no lapse of time bars the king,) lim­ited the crown's right to sue, etc.» to the pe­riod of sixty years.
Nullum tempus aut locus occurrit regi. No time or place affects the king. 2 Inst. 273; Jenk. Cent. 83; Broom, Max. 65.
Nullum tempus occurrit reipublicae.
No time runs [time does not run] against
the commonwealth or state. Levasser r.
Washburn, 11 Grat. (Va.) 572.
Nullus alius quant rex possit episcopo demandare inquisitionem faciendam.
Co. Litt. 134. No other than the king can command the bishop to make an inquisition.
Nullus commodum capere potest de injuria sua propria. No one can obtain an advantage by his own wrong. Co. Litt 148; Broom, Max. 279.
Nullus debet agere de dolo, ubi alia actio subest. Where another form of ac­tion is given, no one ought to sue in the ac­tion de dolo. 7 Coke, 92.
Nullus dicitur accessorius post felo-niam, sed ille qui novit principalem feloniam fecisse, et ilium receptavit et comfortavit. 3 Inst. 138. No one is call­ed an "accessary" after the fact but he who knew the principal to have committed a fel­ony, and received and comforted him.
Nullus dicitur felo principalis nisi actor, aut qui prsesens est, abettans aut auxilians ad feloniam faciendam. No
one is called a "principal felon" except the party actually committing the felony, or ths

NULLUS IDONEUS TESTIS 838
NUPER OB1IT

party present aiding and abetting in its commission.
Nnllns idoneus testis in re sua Intel-ligitur. No person is understood to be a competent witness in his own cause. Dig. 22, 5, 10.
Nnllns jns aliennm forisfacere potest.
No man can forfeit another's right Fleta, lib. 1, c. 28, § 11.
Nnllns recedat e curia cancellaria sine remedio. No person should depart from the court of chancery without a rem­edy. 4 Hen. VII. 4; Branch, Princ.
Nnllns simile est idem, nisi quatuor pedibus currit. No like is exactly iden­tical unless it runs on all fours.
Nnllus videtur dolo facere qui sno jnre ntitnr. No one is considered to act with guile who uses his own right Dig. 50, 17, 55; Broom, Max. 130.
NUMERATA PECUNIA. Lat In the
civil law. Money told or counted; money paid by tale. Inst 3, 24, 2; Bract fol. 35.
NUMMATA. The price of anything in money, as denariata is the price of a thing by computation of pence, and Ubrata of pounds.
NUMMATA TEBB~32. An acre of land. Spelman.
NUNC PRO TUNC. Lat. Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect i. e., with the same effect as if regularly done. Perkins v. Hay-ward, 132 Ind. 95, 31 N. E. 670; Secou v. Leroux, 1 N. M.. 388.
NUNCIATIO. Lat. In the civil law. A solemn declaration, usually in prohibition of a thing; a protest
NUNCIO. The permanent official repre­sentative of the pope at a foreign court or seat of government. Webster. They are called "ordinary" or "extraordinary," accord­ing as they are sent for general purposes or on a special'mission.
NUNCIUS. In international law. A messenger; a minister; the pope's legate, commonly called a "nuncio."
NUNCUPARE. Lat In the civil law. To name; to pronounce orally or in words Without writing.
NUNCUPATE. To declare publicly and solemnly.
NUNCUPATIVE "WILL. A will which depends merely upon oral evidence, having been declared or dictated by the testator In his last sickness before a sufficient number of witnesses, and afterwards reduced to writ­ing. Ex parte Thompson, 4 Bradf. Sur. (N. Y.) 154; Sykes v. Sykes, 2 Stew. (Ala.) 367, 20 Am. Dec. 40; Tally v. Butterworth, 10 Yerg. (Tenn.) 502; Ellington v. Dillard, 42 Ga. 379; Succession of Morales, 16 La. Ann. 268.
NUNDIN-3E. Lat. In the civil and old English law. A fair. In nundinis et mer-catis, in fairs and markets. Bract fol. 56.
NUNDINATION. Traffic at fairs and markets; any buying and selling.
Nunquam crescit ex postfacto prse-teriti delicti sestimatio. The character Of a past offense is never aggravated by a sub­sequent act or matter. Dig 50, 17, 139, 1; Bac. Max. p. 38, reg. 8; Broom, Max. 42.
Nunquam decurritur ad extraordina-ritun sed nbi deficit ordinarium. We are
never to resort to what is extraordinary! but [until] what is ordinary fails. 4 Inst 84.
Nunquam fictio sine lege. There is no Action without law.
NUNQUAM INDEBITATUS. Lat
Never indebted. The name of a plea in an action of indebitatus assumpsit, by which the defendant alleges that he is not indebt­ed to the plaintiff.
Nunquam nimis dicitnr qnod nunquam satis dicitnr. What is never sufficiently said is never said too much. Co. Litt. 375.
Nunquam praescribitur in falso. There is never a prescription in case of falsehood or forgery. A maxim in Scotch law. Bell.
Nunquam res humanse prospere sue-cedunt nbi negliguntur divinse. Co. Litt 15. Human things never prosper where di­vine things are neglected.
NUNTTUS. In old English practice. A messenger. One who was sent to make an excuse for a party summoned, or one who explained as for a friend the reason of a party's absence. Bract fol. 345. An officer of a court; a summoner, apparitor, or beadle. Cowell.
NUPER OBIIT. Lat, In practice. The name of a writ (now abolished) which, in the English law, lay for a sister co-heiress dispossessed by her coparcener of lands and tenements whereof their father, brother, or any common ancestor died seised of an es­tate in fee-simple. Fitzh. Nat Brev. 197.

NUPTI^J SEOUND^J
839
NYCTHEMERON

NUPTIiE SECUND.3:. Lat. A second marriage. In the canon law, this term In­cluded any marriage subsequent to the first.
NUPTIAL. Pertaining to marriage; con­stituting marriage; used or done in mar­riage.
Nuptias non concubitus sed consensus faoit. Go. Ldtt. 33. Not cohabitation but consent makes the marriage.
NURTURE. The act of taking care oi children, bringing them up, and educating them. Begina v. Clarke, 7 El. & BL 193.
NURUS. Lat In the civil law. A son's wife; a daughter-in-law. Calvin.
NYCTHEMERON. The whole natural day, or day and night, consisting of twenty-four hours. Enc. Lond.

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