Navy

The organized public vessels of a country; the system for the defence of the nation by sea. Naval: pertaining to the navy; connected with the maritime protection of a people. Navy, as used in the treaty between the United States and Texas (5 Stat, at L. 797), is construed to relate exclusively to the. shlps-of-war and their armaments belonging to the naval establishments of Texas. Brashear V. Mason, 6 How. 92, 100.

Naval court-martial

A tribunal for the trial of of Eences arising in the management of the public vessels.

Naval la-w

The system of principles and regulations which particularly pertains to the government of vessels-ofwar and of persons connected with them, and to the administration of their af Pairs. Naval of Bcer. 1. A person in command in the management of ships-ofwar.

2.

The style of an officer in the larger custom-houses of the United States. His duties relate to estimating duties, countersigning permits, clearances, &o., certifying collectors' returns, and simchief public offices, or divisions of the public business, which superintends the defence of the nation by means of its ships-of-war.

Wavy pension

A pecuniary allowance made in consideration of past services of some one in the navy.

Navy-yard.

Includes the waters contiguous to and necessary to the operations of the navy-yard. The waters necessary to float the vessels stationed at the yard are, like the yard itself, within the exclusive jurisdiction of the United States.

Exp, Tatera, 1 Hugh. 588. NE.

This Latin negative occurs in several maxims and phrases.

Ne admittas

That you do not admit. The emphatic words in the Latin form of a writ issued on behalf of the plaintiff in an action of quare impedit, to forbid the bishop to admit to a benefice a clerk of the defendant, or any other person, pending the suit. These words were used also as the name of the writ. It ought to be issued within six calendar months after the avoidance, before the bishop may present by lapse; for it is in vain to sue out this writ when the title to present has devolved upon the bishop.

Fitz. Nat. Brev. 37.

Ne baila pas

He did not deliver. The name of a plea in an action of detinue, denying the delivery to the defendant of the thing for which suit is brought.

Ne disturba pas

He did not disturb. The name of the plea forming the general issue in an action of quare impedit. Where a person claims the presentation to a living, as patron, and brings an action of the nature of quare impedit, alleging that the bishop has instituted the clerk of a rival patron, either the bishop or such clerk may plead ne disturba pas, which is a plea of the general issue, to the effect that the party so pleading has done nothing to obstruct the right of presentation claimed by the plaintiff.

3 Steph. Com. 610.

Ne dona pas

He did not give. The name of the plea forming the general issue in an action of fonnedon; also termed non dedit, from the emphatic words of the Latin form.

Ne exeat

That he do not depart. The name of a writ in equity practice, issued to prevent a defendant from going out of the jurisdiction of the court. the kingdom, — originally for state purposes, but afterwards as a process between private parties in an equity suit, to prevent a party from withdrawing his person or property from the jurisdiction. The operation of the writ was ordinarily that of a mere process to hold to bail, or compel the party to give security to abide the decree to be made in the case. The writ has been generally adopted in American practice; but in many of the states has been abolished, and superseded by other remedies for the same end. Thus, in the New York code of civil procedure, taking effect Sept. 1, 1877, by which the writ of ne exeat is expressly abolished, an order of arrest against the defendant is authorized in an action wherein " the judgment demanded requires the performance of an act the neglect or refusal to perform which would be punishable by the court as a contempt; " where it appears " that the defendant is not a resident of the state, or, being a resident, is about to depart therefrom, by reason of which non-residence or departure there is danger that a judgment, or an order requiring the performance of the act, will be rendered ineffectual." This provision is believed to include all the cases in which a ne exeat was allowed in ordinary equity practice. The writ ne exeat regno is not now used for state purposes, but has become a mere process in an equity suit, and is used to prevent one of the parties from withdrawing his person or property from the jurisdiction of the court, by going abroad,' unless he shall first give security for the satisfaction of such claim as the other party shall establish.

2 Steph. Com. (6th ed.) 538, note.

Ne exeat regno is a writ which issues to restrain a person from leaving the kingdom. It is frequently resorted to in equity when one party has an equitable demand against another, and that other is about to leave the kingdom; and it is only in cases where the intention of the party to leave can be shown that the writ is granted.

Fitz. Nat. Brev.; Gray Ch. Pr. 16.

The writ is directed to the sheriff of the county in which any defendant in chancery is resident, commanding him to take bail from the defendant not to quit England without leave of the court. It is granted on motion, supported by affidavit showing that a sum of money is due from the defendant to the plaintiff, or will be due on writ was formerly applied to great political purposes; but it is now applied in civil matters only. Mozley ^ W.

Ne injuste vexes

That you do not unjustly vex. The name of a prohibitory writ in old English practice, issued on behalf of a tenant upon whom his lord had distrained for more services than he was bound to perform, commanding the lord not to vex his tenant unjustly; the emphatic words being taken as the name of the writ.

Ne recipiatur

That it be not received. The name of a proceeding by a party to an action at law, in the nature of a caveat or warning to an officer, not to receive some record or proceeding of an adverse party, required to be filed with such officer; e.g., where the defendant seeks to prevent the plaintiff from filing the trial record after the proper time for so doing has passed.

Ne uuques accouple en loiall matrimonie

Never joined in lavrful matrimony. The name of a plea by which the tenant in an action of dower might defend, by denying the validity of the marriage of the demandant with the person of whose lands she claimed to be endowed. The words ne ungues accouple are sometimes used as an abbreviated name for the plea.

Ne unquea executor

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. The name is derived from the em- ■phatio words of the plea, in the law- French form of pleading.

Ne unques reoeivour

Never receiver. The name of a plea by which the defendant in an action of account render denies that he ever was receiver, as alleged by the plaintiff; derived from the emphatic words of the plea. The phrase ne unques son receiver is sometimes used in a like sense.

Ne unques seise que dovrer

Never seised of that of which dower might be had. The name of a plea in an action of dower, by which the tenant denies that the husband of the demandant was ever seised of an estate of which dower Ne varietur. That it be not changed. This phrase is sometimes written by a notary upon a bill or note, for the purpose of identification. The negotiability of the instrument is not thereby affected.

8 Wheat. 338.

The negotiability of a promissory note, made in Louisiana, and payable to order, is not restrained by an indorsement on its face, in the handwriting of the notary by whom it was drawn, of the words ne varietur, ■without proof of some local law or usage to that effect.

Fleckner v

Bank of the United States, 8 Wheat. 338; Brabston v. Gibson, 9 How. 263, 278.