A Dictionary of Law

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, 68.

Novation is the substitution of a new debt or obligation for an existing one. Civil Code Cal. § 1530; Civil Code Dai. § 868. obligation; the other to substitute a new one In its pl

See NEw

The ordinances of the Emperor Leo, which were miade from the year 887 till the year 893, are so called. These Novels changed many rules of the Justinian Jaw. This collection contai

The title given in English to the New Constitutions (Novelle Constitutiones) of Justinian and his successors, now forming a part of the Corpus Juris Civilis. See NOVELLA.

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.”

Lat. Inthe eivillaw. A step-mother, NOVEBRINT UNIVERSI PER

In Saxon law. A pecuniary satisfaction for an injury, amounting to nine times the value of the thing for which it was paid. Spelman.

(Latest Compilation.) The title of a collection of Spanish law compiled by order of Don Carlos TV. in 1805. 1 White, Recop. 355.

Lat. Novelty; newness; a new thing. Novitas non tam utilitate prodest quam novitate perturbat. A novelty does not benefit so much by its utility as it disturbs by its novelty. Jenk

or NOVI-

New counts. The collection called “Nove Narrationes” contains pleadings in actions during the reign of Edward Ill. It consists principally of declarations, as the title imports; bu

In old Scotchlaw. (We give anew.) The name given toa charter, or clause in a charter, granting a renewal of aright. Bell. Novum judicium non dat novum jus, sed declarat antiquum; q

In the civil law. A new work. See Novi Oreris NuNOLA'TIO..

Lat. A new man. This term is applied toa man who has been

The general issue in the action of esstwmpsit; being a plea by which the defendant avers that “he did not undertake” or promise as alleged. NOW-ASSUMPSIT INFRA SEX AN-

Lat. Not sound of mind; insane. ‘This is a very general term, embracing all varieties of mental derangement. Coke has enumerated four different elagsey of persons who are deemedin

Lat. Notwithstanding, Words anciently used in pablic and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes.

Lat. In pleading. A plea to an action in partition, by which the defendant denies that he and the plaintiff ave joint tenants of the estate in question,

An action for damage done by slaves or irrational animals, Sandars, Just. Inst. (5th Ed.) 457.

Lat. In the civil law. An action which lay ugainst the master of a slave, for some offense (as theft or robbery) committed or damage or injury done by the slave, which was called “

Lat. ihe mean time, let hiin be committed.” mder of court (vr the docket-entry notit) by which a prisoner is committed to ison and directed to be kept there unlii s further action

Tocollect nuts. This was formerly one of the works or servwes iroposed by lords upon their inferior tenants. Paroch. Antig. 495. Nuda pactio obligationem mon parit. A naked asreeme

Lat. Mere sufferance.

Lat. Bara or mere possession. Wuda ratio et nuda pactio non lgant aliquem debitorem. Naked reason and naked promise do not bind any debtor, Fleta, i. 2, c. 60, § 25. dicate that th

One made without any consideration; upon which no action will lie, in conformity with the maxim “ee nudo pacio non oritur actio.” 2 Bil. Comm. 445,

A bare allegation of a thing done, unsupported by evidence.

Lat. A _ naked pact; a bare agreement; a promise or undertaking made without any consideration fer it, Nudum pactum est ubi nulla subeat causa preter conventionem; sed ubi subest c

(New Compilation.) The title of a code of Spanish law, promulgated in the year 1567, Schm. Civil Law, Introd, 79-81.

Futile; ineffectual; invalid; destitute of conslraining force or yitality. A legislative act may be “nugatory” because unconstitutional.

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

Assise of. In old practice. 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 part

Nv; none. A law French negative parcic.e, commencing many phrases.

No award. The name of 3 plea in an action on anarbitration bond, by which the defendant traverses the naking of any legal award. Nut charter, nul vente, ne nul dons vault perpetual

In pleading. No disseisin. A plea of the general issue in a tea] action, by which the defendant denies that there was any disseisin. Nui ne doit s’enrichir aux depens des autres. N

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 eifect,

Theentire 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 decr

The son of nobody; a bastard. Nullius hominis anuctoritas apud nos valero debet, ut meliora non sequeremur si quis attulerit. The authority of no man ought to prevail with us, so f

Among the property of no person.

In old English law. Of no legal force. Fleta, lib. 2, c. 60, § 24.

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. W

Na such corporation [exists.] The form of a plea denying the existence of an alleged corporation.

No auch 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,

In pleading. <A plea of the general issue to a real action, by which the defendant denies that he committed any wrong.

No waste. The name of a plea in an action of waste, denying the committing of waste, and forming the general issue.

In the civil law Money told or counted; money paid by tale. Inst. 3, 24, 2; Bract. fol. 35.

The price of anything in money, a8 denariata is the price of a thing by computation of pence, and dibrata of pounds.

An acre of land. Spelman.

The permanent official representative of the pope at a foreign court or seat of government. Webster. They are ealled “ordinary” or “extraordinary,” accord-

In international law. A messenger; a minister; the pope’s legate, commonly called a “nuncio.”

Lat. Now for then. A phrase applied to acts allowed te be done after the time when they should pe done, with a retroactive effect, ¢. ¢., with the same effect as if regularly done.

Lat. In the civil law. To name; to pronounce orally or in words without writing.

To declare publicly and solemnly.

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 reduce

Lat. In the civil and old English law. A fair. In nundinis et mercatis, in fairs and markets. Bract. fol. 56.

Traffic at fairs and Inarkets; any buying and selling. Nunquam crescit ex postfacto prwteriti delicti sestimatio. ‘The character of a past offense is never aggravated by a subseque

Lat. In practice. The but consent name of a writ (now abolished) which, in the

Bere) tay tor # sister igo-leieees ae ' children, possessed by her coparcener of lands and nn tenements whereof their father, brother, or any common ancestor died seised of an esta

A sum paid to government as an acknowledgment fora grant of lands, or any public office. Ene. Lond.

In the civil law. ‘The master or captain of a ship. Calvin.

A no tice given by defendant to a plaintiff that he

In Seotch law. Open; ne. torious. A notour bankruptis a debtor who, being under diligenee by horning and caption of his creditor, retires to sanctuary or absconds or defends by for

Lat. In the civil law. This term denoted any damage or injury done to persons or property by an unlawful act comtitted by a man’s slave or animal, An action for damages lay against

The whole natural and night, consisting of twenty- ©.C. An abbreviation, in the civil law, for “opecousilio,” (q.v.) In American law, these letters are used as an abbreviation for

An external pledge or asseveration, made in verification of statements made or to be made, coupled with an appeal to a sacred or venerated object, in evidence of the serious and re

One which could have have administered to a voter at an election for members of parliament. Abolished in 1854. Wharton.

In the civil law. An oath which one of the parties defers or refers back to the other for the decision of the cause.

In the civil law. An oath permitted to be taken by the plaintiff, for the purpose of proving the value of the subject-matter in controversy, when there was no other evidence on tha

The oath by which a clergyman charged with a criminal offense was formerly allowed to swear himself to be innocent; also the oath by which the compurgators swore that they believed

In the civil law. Anoath which a plaintiff was obliged to take that he was not prompted by malice or trickery in commencing his action, but that he had bona fide a good cause of ac

An oath by which a person purges or ciears himself from presumptions, charges, or suspicious standing against him, or from a contempt.

The form used at the taking of an cath.

[n Romanlaw. A debtor who was obliged to serve his creditor till his debt was discharged. Adams, liom. Ant. 49.

ee. On account of contiguity to the offense, z. ¢., being contaminated by conjunction with something illegal. For example, the cargo of a vessel, though not contraband or unlawful,

On account a _ of connection; by reason of similarity. In Scotch law, this phrase expresses a ground for the consolidation of actions.

Compliance with a cormmand, prohibition, or known law and rule of duty prescribed; the performance of what is required or enjoined by authority, or tle ab staining from what is pro

An office, or the admin- Obedientia est legis essentia. 11 Coke, 100. Obedience is the essence of law.

A monastic offi. cer. Du Cange.

In favor of merchants. Fleta, lib. 2, ¢ 63, § 12. Ob infamiam non solet juxta legem terre aliquis per legoem apparentem se purgare, nisi prius convictus fuerit vel confessus in cur

In old English law. <A funeral solemnity, or oflice for the dead. Cowell. The anniversary of a person's death; the anniversary office. Cro. Jac. 51.

Sat. By the way; in passing; incidentally; collaterally.

Lat. A remark made, or opinion expressed, by a judge, in his decision upon a cause, “by the way,” that is, incidentally or collaterally, and not directly upon the question before h

Lat. [He] died without issue. Yearb. M.1 Edw. II. 1.

». In legal proceedings, to object (e. g., to the admission of evidence) is to interpose a declaration to the effect that the particular matter or thing under consideration is not

n. This term “ineludes whatever is presented to the mind, as weil as whut may be presented to the senses; whatever, also, is acted upon, or operated upon, affirmatively, or intenti

The act of a party whe objects to some matter or proceeding in the course of a trial, (see OBJECT, v.;) or an argument or reason urged by him in support of his contention that the

Where property is settled subject to a power given to any person or persons to appoint the same among a limited class, the members of the class are ealled the “objects” of the powe

Gifts or offerings madetothe king by any of his subjects: old debts, brought, as it were, together from preceding years, and put on the present sheriff’s charge. Wharton.

Inold Europeanlaw. Voluntary slaves of churches or monasteries.

In the civil law. An action given toa party against another who had offered to him a stolen thing, which was found in his possession. Inst. 3, 1, 4.

Inthecivil law. A tender of money in payment of a debt made by debtor to creditor. Whatever is offered to the church by the pious. Calvin. Oblationes dicuntur queecungue a piis fid

or obventions, are offerings or customary payments made, in England, to the minister of a church, including fees on marriages, burials, mortuaries, etc., (q. v.,) and Easter offeri

To bind or constrain; to bind to the observance or performance of a duty; to place under an obligation. To bind one’s self by an obligation or promise; to assume a duty; to execute

Lat. In Roman law. The legal relation existing between two certain persons whereby one (the creditor) is SSS authorized to demand of the other (the debtor) a certain performance wh

Anobligation isa legal duty, by which a person is bound to do or not to doacertain thing. Civil Code Cal. § 1427; Civil Code Dak. § 798. The binding power of a vow, promise, oath,

As used in Const. J. S, art. 1, § 10, the term means the binding and coercive force which constrains every man te perform the agreemeuts he has made; a force grounded in the ethic:

Thoterm “writing obligatory” is a technica! term of the law, and means a written contract under seal. 7 Yerg. 300.

The person in favor of whom some obligation is contracted, whether such obligation be to pay money or to da or not to do something. Code La. art. 3522, ne. 11. The party to whom a

The person who has engaged to perform some obligation. Code La. art. 3522, no. 12. One who makes a bond.

Lat. Inthe old law of descents. Oblique; cross; transverse; collateral. The opposite of rectus, right, or upriglit. In the law of evidence. Indirect; circumstantial.