A Dictionary of Law

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,”

In Roman law. Obligations contracted by dite. re (t ¢., literis obligutiones) were so called because they arose from a peculiar transfer (transeriptio) from the creditor’s day-book

In English law. An account of the names of all the villages and the possessors thereof, in each county, drawn up by several sherifis, (9 Edw, Il.,) and returned by them into the ex

Lat. By name; by the name of; under the name or designation of. NOMINE PQG:NZ. In the name ofa penalty. In the civil law, a legacy was said to be left nomine pene where it was left

One who hag been nominated or proposed for an office.

(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

A treatise or description of laws.

A lawgiver; such as Solon and Lycurgus among the Greeks, and Cesar, Pompey, and Sylla among the Romans. Calvin.

Lat, Not. The common particle of negation.

Want of ability to do an act in law, asto sue. A plea founded upon such canse. Cowell.

The refusal te accept anything. brought against the drawee of a bill of exchange by which he denies that he accepted the same.

‘The refusal of admission.

or NONAGEH. 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 distributed to pious uses. Blount.

A non-cortinous or discontinuous easement. 18 N. J. Eq. 262. See Easement.

This word, placed upon a certificate of stack, does not cancel or impair the obligation to pay the amount due upon the shares created by the acceptance and holding of such certifie

Not admitting of bail; not requiring bail.

Us did not take, The general issue in replevin, where the action is for the wrongful taking of the property; putting in issue not oniy the taking, but the place in which the taking

The omission or neglect of him who cught to claim his right within the time limited by law; a8 within «a yearand a day where a continual claim was required, or Within five years af

<A person connected with an army or navy, but for purposes other than fighting; such as the surgeons and chaplains, Also a neutral.

In English law. Cn who refuses to comply with others; one who refuses to join in the established forms of worship. Nen-conformists are of two sorts: (1) Such as absent themselves f

Lat. In pleading. Nob guilty. It is usnatly abbreviated “7207 cul,”

See Dz non De-

Lat. In pleading. He did not grant. The general issue in forme don.

Lat. Hedid not demise. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in anaction of debt for rent. Also, a pleain bar, in replevin, to a

Omission on the part of a judge to properly instruct the jury upon a necessary conclusion of law.

A writ not to distrain, Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evicta, ex empto competere actionem. It is certain that, although the vender has not

In the Roman calendar. The fifth and, in March, May, July, and October, the seventh day of the month. So called beeause, counting inclusively, they were nine days from the ides. Ad

The neglect or failure of a person to do someact which heought todo. The term is not generally used to denote a breach of cuntract, but rather the failure to perform a duty towards

1. The refusal of one atate or nation to have commercial a dealings with another; similar to an embargo, (qg. 0.) 2. The absence of access, communication, or sexual relations betwe

I was not present. A reporter’s note. TT. Jones, 10.

In English law. ‘A clause of a charter of a municipal borough, whereby the borough is exempted from the jurisdiction of the justices of the peace for the county.

QUANDO BREVE PRACIPE IN CAPITH SUB-

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,

The omission to join some person as party to a suit, whether as plaintiff or defendant, who ought to have been so joined, according to the rules of pleading and practice.

Not judicial; not legal. Dies non juridicus is a day on which legal proceedings cannot be had.

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 verd

In old ecclesiastical law. A nun. Nonnus,a monk, Spelman.

Not negotiable; ' not capable of passing title or property by indorsement and delivery. Won obligat lex nisi promulgata. A law is not obligatory unless it be promulgated. Non obser

A clause usually inserled in writs of execution, in England, directing the sheriff “not to omit” to execute the writ by reason of any liberty, because there are many liberties or d

The neglect, failure, or refusal of payment of a debt or evidence of debt when due. i NON-PERFORMANCE. Neglect, fail. ure, or refusal to do or perform an act stipulated to be done.

Inold Englishiaw. Defaultin not replevying land in due time, when $$ the same was taken by the king upon ade fault. The consequence thereof (loss of seisin) wags abrogated by St. 9

ETC. load a subject with imposition against his consent. 2 Inst. 61. Won potest videri desisse habere qui nunguam habduit, He cannot be considered us having ceased to have a thing

Lat. If, in the proceedings in an action at law, the plaintiff neglects to take any of those steps which he onglitto lake within the time preseribed by the practice of the court fo

Lat. Not to disturb what is settled. A rule expressing the same principle as that of stare decisis, (g-.) Non quod dictum est, sed quod factum est inspicitur. Not what is said, but

Residence beyond the limits of the particular jurisdiction, In ecclesiastical law. The absence of spiritual persons froin their bencfices,

One who is not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum, NON-RESIDENTIO PRO CLERICO

A wril prohibiting an ordinary to take a pecuniary mulet imposed on a clerk of the sovereign for non-residence. Reg. Writ. 59. j

As “sane,” when applied to the mind, means whole, sound, in 4 healthful state, “non-sane” must mean not whole, not sound, notin a healthful state; that is, broken, impaired, shatte

Unsound memory; unsound mind.

Unintelligible matter in a written agreement or will.

Lat. Tt does not follow. Non solent que abundant Vitiare seripturas. Superfluities [things which abound] do not usually vitiate writings. Dig. 50, 17, 94. Won solum quid licet, sed

Lat. He did not submit, A plea to an action of debt, ona bond to perform an award, to the effect that the defendant did nut submit to the arbitration.

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 omitti

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. Won temere cr

Lat. Hedid 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 a

The vacation between term and term, formerly calied the time or days of the king’s peace.

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 acquir

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 53 Pa. St. 6

Inability tosue. 5 Bell, App. Cas. 172. Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris unde fieri debet confirmatio; et eodem modo, nisi ille cui

Twelve acres anda half.

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 function

A term employed by mal condition; #. e., sud juris and sound in mind,

The tongue in which several formal proceedings of state are still carried on. The language, having remained the same since the date of the Conquest, at which it was introduced into

Longevity and annuity tables compiled from bills of mortality kept in All Saints parish, England, in 1735 1780, Woscitur a sociis. It is known from its associates. 1 Vent. 225. The

In the civillaw. Persons who have the management and care of hospitals for paupers.

Lat. With or by the advice of our council. A phrase used in the old writs of summons to parliament. Crabb, Eng. Law, 240.

In the civil law. A mark or brand put upen a person by the law. Mackeld, Rom. Law, § 185.

In civi) and old European law. Short-hand characters or mirks of contraction, in which the emperors’ secretaries took down what they dictated. Spelman; Calvin.

Taken by a notary.

Lat, In Roman law. A draughtsman; an amanuensis; a short-hand writer; one who took notes of the proceedings in the senate or a court, or of what was dictuted to him by another; one

A public oflicer whose function is to attest and certify, by his hand and olficial seal, certain classes of documents, in order to give them credit and authenticity in foreign juri

In English probate practice, notation is the aci ot making a memorandum of some special circumstance on a probate or letters of administration, Thus, where a grant is made for the

v. To make a brief written statement; to enter a memorandum; as to note ah exception. negotiable promissory note. Sce Bovent Nots; Norrs; JupGMEent Note; Prom- IssORY NOTE; SOLD NO

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 initi

In old conyeyancing. One of the parts of a fine of lands, ° being un abstract of the writ of covenant, and the concord; naming the parties, the parcels of land, and the agreement.

In English practice. This was a note delivered by a master to a party to a canse, who alleged that there was error in law in the record and proceolings, allowing him to bring error

A popular name for & promissory note.

A memorandum of the fact of protest, indorsed by the notary upon the bill, at the time, to be afterwards written out at length.

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 BI. C

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, i

The statute of frauds requires a “note or memorandum” of the particular transaction to be made in writing and signed, ete. By this is generally understood an informa! minute or mem

Lat. In Romanlaw. <A natural child or a person of spurious birth.

AVERMEMNT OF. In pleading. The allegation ina pleading that notice has been given. WOTICHE IN LiEU OF SERVICE, In lieu of personally serving a writ of summons (cr other legal proce

Whenit is intended to sue certain particular individuals, as in the case of actiona against justices of the peace, itis neeéssary in some jurisdictions to give them notice of the a

When a negotiable bill or note is dishonored by nenacceptance on presentment for acceptance, or by non-payment at its maturity, it is the duty of the holder to give immediate notic

It ia re quired 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 notic

A notice filed for the purpose of warning all persons that the title to certain property is in litigation, and that, if they purchase the defendant's claim to the same, they are in

A notice in writing, entitled in a cause, stating that, ona certain day designated, a motion will be made to the court for the purpose or object stated.

Thisisa 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

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

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

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, i

<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 there

Lat. In the civil law. ‘The power of hearing and tryinga matter of fact; the power or authority ofa judex, the power ot hearing causes and of pronouncing sentence, without any degr

The Scotch form of “ notarial,” (q. 0.) Bell.

In the law of evidence, matters deemed notorious do not require te be proved. There does not seem to be any recognized rule as to what matters are deemed notorious. Cases have occu

A non-appareat or discontinuous easement. 18 N. J. Eq. 262. See EASEMENT.

‘he name ofan imposition or duty. See ANTIQUA CUSTUMA,

Land newly plowed and con. verted into tillage, and which has not been tilled before within the memory of maa; also fallow land.

In the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 50, 2. Novatio non presumitur. Novation is not presumed. Halk. Lat. Max. 109.