A Dictionary of Law

Lat. In English practice. A writ which issues to restrain a person from leaving the kingdom. It was forant is about to leave the kingdom; it is only in eases where the intenticn of

Lat. In American practice. A writ similar to that of née exeat regnu, (g. v.,) available to the plaintiff in a civil suit, under some circumstances, wlien the defendant is about to

Lat. That which is against right or the divine law. A wicked or impious thing er act. Calvin.

Lat. Inauspicious. Applied, in the Roman law, to a day on which it was unlawful to open the courts or administer justice. Negatio conclusionis ost error in lege. Wing. 268. The den

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. Pl. 386, 387,

Ags oppesed to the traverse or simple denial of an afirmative allegation, a negative averment is an allegation of some substantive fact, e, g., that premises are not in repair, whi

One by which if is stipulated that a given thing shall not happen.

One in which the covenanlor binds himself not te do or perform a specified act or thing. prohibited from doing something otherwise lawful upon his estate, because it will affect th

In pleading. A negative implying also an aflirmative. Cowell. Such a form of negative expression as may imply or carry within it an affirmative. Steph. Pl. 351. As if a man be said

A statute expressed in negative terms; a statute which prohibits a thing from being done, or declares what shall noé be done.

Fr, It does not lie in the mouth. A common phrase in the old books. Yearb. M. 8 Edw. Pha:

The omission to do something which a reasonable man, guided by those considerations whieh ordinarily regulate the conduct of human affairs, would do, or doing something which a pru

<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 ne

Lat. In thecivillaw. Carelessness; inattention; the omission of proper care or forethought. The terim is not exactly equivalent to our “negligence,” inasmuch as it was not any neyl

Fr. Business; trade; management of affairs.

In mercantile law, Transferable quality. That quality of bills of exchange and promissory notes which renders them transferable from one persoR to another, and from possessing whic

The word “negotiation,” as used by writers upon mercantile =a law, means the act by which a bill of exchange or promissory note is put into cireulation, by being passed by one of t

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

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

Lat. In thecivillaw. 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 benevo

Lat. In the civiilaw A transacter or manager of business; & person voluntarily constituting himself agent for another; one who, without any mandate or authority, assumes to take ch

A place near; an adjoining or surrounding district; a more im- Mediate vicinity; vicinage. See 63 N. H. 247; 3N. Y. 502; 88 Iowa, 484.

Lat. In old English practice. A probibitory writ, commanding a lord not to demand from the tenant more services than were justly due by the tenure under which his ancestors held.

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 Q

Lat. He did not break the contract. The name of a plea sumetimes pleaded in the action of covenant, and intended asa general issue, but held to be a bad plea; there being, preperly

In Swedish and Gothic iaw. Ajury 3 Bl, Comm. 349, 359.

Lat. No one dissenting; no one voting in the negative. A phrase used to indicate the unanimous consent of a court or legislative body toa Neminem oportet esse sapienticrem legibus.

Thesonofi brother or sister, Nephew and uncle are related in the third degree according to the civil law, but by the canon law, in the second degree.

Lat. A grandson.

Lat. A granddaughter.

Lat. Thatit 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. NH RECTOR PROSTH

Fr. Did not release. Where the defendant had pleaded a release, this was the proper replication by way of traverse.

A fine upon sti, (tie hath granted.) A species of, Where the cognizor, in order to make d of disputes, though he acknowledged ) precedent right, yet grated to the cogan estate de n

The proceeds of sale, after deducting expenses. 71 Pa. St. 69.

The lowest price, after deducting all discounts.

This term does not mean what is made over the losses, expenses, and interest on the amount invested. It includes the gain that acerues on the investment, after deducting simply the

Fr. NE UNQUES SEISE QUE DOWER ecutor, as he is alleged to be; or that the plaintiff is an executor, as he claims to be.

L. Fr. (Never seised of a dowable estate.) In pleading. The general issuein the action of dower wnde nil hadet, by which the tenant denies that the demandant’s husband was ever sei

Fr. In pleading. The name of a plea in an action of account-render, by which the defendant denies that be ever was receiver of the plaintiff 12 Vin. Abr. 183.

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 ho

The state of a nation which takes no part between two or more other nations at war.

Property which belongs to eitizens of neutral powers, and is used, treated, and accompanied hy proper insignia as such,

Lat. It must not be altered. A phrase sometimes written by a potery upon a bill er note, for the purpose of establishing its identity, which, however, does not affect its negotiabi

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

This phrase is used in the United States patent laws to designate the kind of inven. tion which is patentable. The word “useful” does not import that the invention should invariabl

Under the common law practice, where the declaration in an action is ambiguous, and the defendant pleads facts which are literally an answer to {t, but not to the real claim set up

In making an adjnstment 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

The name of a prison in London, said to have existed as early aa 1207. Tt waa three times destroyed and rebuilt. For centuries the condition of the placa was horrible, but it has b

Aon ton of chancery. Ses Inns of CHANCERY.

Inpleading. Matter of fact not previously alleged by either party in the pleadings.

According to the usage f the commercial world, a newspaper is defined to be a publication in numbers, consisting commonly of single sheets, and published at short and stated interv

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 lst of January. I

A person, usually a relative, not appointed by the court, in whose name suit is brought by an infant, married woman, or other person not aut juris.

In the law of adyowsons. The right of next presentation is the right to present to the first vacancy of a benefice.

A person who informs or an accusution against another, whom fers e suspects of the violation of some penal te. ¢ommon informer is a person who sues a penalty which is given to any

Fr. (Does or did not disturb.) In English practice. The general issue or general plea ib guave impedit, 3 Steph. Comm. 663.

In old English law. A writ which issued for apprehending a person who had taken the king’s prest money to serve in the wars, and then hid himself in order to avoid going.

Ashort name; one nicked or cut off for the sake of brevity, without conveying any idea of opprobrium, and frequently evineing the strongest affection or the most perfect familiarit

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.

Not guilty. Tha name in law French of the general issue in tort or in a criminal action.

To say nothing; to deny nothing; to suffer judgment by default.

In pleading. Notthe deed; not his deed. The same as the plea of non est factum.

In old pleading. Not seised. The general plea in the writ of annuity. Crabb, Eng. Law, 424,

The black book er register in the exchequer; chartularies of abbeys, cathedrals, ete.

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 crepuseulum, enough begun or left to discern a man’

A constable of the night; the head of a watch-house.

Described in the atatute 5 Edw. III. ec. 14, as persons who sleep by day and walk by night. Persons who prow] about at night, and are of a suspicious appearance and behavior. Nigru

In fn an action, either in bar or in abatement. When the plaintiff has commenced his procoedings by bill, the judgmant is nihil capiat per biliam. Co, Litt. 368. Nihil consensui ta

He owes nothing. The form of the general issue in all actions of debt on simple contract. Nil facit error nominis cum de corpore vel persona constat. A mistake in the name does not

He had nothing [no interest] in the tenements. A plea in debt on a lease indented, by which the defendant sets up that the person claiming to be landlord had no title or interest.

Nothing bound; that is,no obligation has been incurred. ‘Tray. Lat. Max. Nil sine prudenti fecit ratione vetustas. Antiquity did nothing without a good Treason. Co. Litt. 65. Nil t

A thief; a pilferer.

Lat. The name ofa clause commonly oceurring in the old tranorial writs, commanding that, if the lords failed to do justice, the king’s court or officer should do it. By virtue of t

Inpractice. The roll or record containing the pleadings, issue, and jury process of an action, made up for use in the nist préws court.

The old name of the writ of venive, which originally, in pursuance of the statute of Westminster 2, contained the 2ist prius clause. Reg. Jud. 28, 75; Cowell.

In old European law, To federate; to join in a league, (i ligam é.) Spelman.

In Englishlaw. The tifleof the third of the three kings-at-arms, or provincial heralds.

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 pecunia; plebes vero in

This phrase, when indorsed by a grand jury on an indictment, is equivalent to “not found,” “not a true bill,” or “ignoramus,”

From Latin “nocere,” Guilty. “The szocent person.” 1 Vern. 429.

By night. An abolished writ which issued ont of chancery, and returned to the queen’s bench, for the prostration of inclosures, ete. WOCTEHS and NOCTEM DH FIRMA. Entertainment of m

Lat. In old English law. A nuisance. WNocumentum dinungsum, a nuisance oceasioning less or damage. Nocumentum injuriosum, an injurious nuisance. For the latter only a remedy was gi

This term denotes a lack of assets or money fora specific use. It is the return made by a bank to a cheek drawn upon it by a person who has no deposit to his credit there; also by

Fr. In Frenchlaw. Freight. The same with “fret.” Ord. Mar. liv. 3, tit. 3.

Fr. In French marine law, Affreightment. Ord. Mar. liv. 3, tit, 1. J

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 chit he “will no further pr

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 est quasi re

A _ general name; the name of a genus. Fleta, lib. 4, c. 19, § 1.

A name of the most general kind; a name or term of the most general meaning. By the name of “land,” which is nomen generalissimwum, everything terrestrial will pass. 2 Bl. Comm. 19

Titular; existing in name only; not real or substantial; connected with the transaction or preceeding in name only, not in interest.

In practice. A trifling sum awarded to a plaintiff in an action, where there is no substantial loss or injury to be compensated, but still the law recognizes a technical invasion o

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 connect

A person who er 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 b

One who has no interest in the subject-matter of the action, haying assigned the same to another, (the real plaintiff in interest, or “use plaintiff,”) but who must be joined as pl

To propose foran appointment; to designate for an office, a privilege, & living, ete.

In the civillaw. 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, whic

By name; expressed one by one.

A mode of obtaining a panel of special jurors in England, from which to select the jury to try a particularaction. The proceeding takes place before the under-sheriff or secondary,

An appointment or designation of a person to All an oflice or discharge a duty. Theact of suggesting or proposing & person by name asa candidate for aD office.

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