Black's Law Dictionary

Or, as otherwise stated, insanity is such a sinte of mental derangement that the subject is incompetent of having a criminal intent, or incapable of so controlling his will as to a

In old English law. Welshmen, because they live near high mountains covered with snow. Du Cange.

An abbreviation of "non liquet," (which sce.)

In pleading. No disseisin. A plea of the general issue in a real action, by which the defendant denies that there was any disseisin.

No such corporation [exists.] The form of a plea denying the existence of an alleged corporation.

See Nul.

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

The name of a plea In an action on an award, by which the defendant traverses the allegation that an award was made.

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.

3 Inst. 220. The higher classes are more punished in money; but the lower in person.

2 Inst. 595. The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors.

In cases of doubt, the more generous and more benign presumptions are to be preferred. A civll-law maxim.

2 Inst 583. There are two sorts of nobility, the higher and the lower.

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 crea

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 nocent person." 1 Vera. 429.

By night. An abolished writ which Issued out of chancery, and returned to the queen's bench, for the prostration of inclosures, etc.

Entertainment of meat and drink for so many nights. Domesday.

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 give

See Fund.

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

Lat Whether willing or unwilling; consenting or not.

Fr. In French law. Freight. The same with "fret." Ord. Mar. llv. 3, tit. 3.

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

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 pro

Lat I will not contest it The name of a plea In a criminal action, having the same legal effect as a pica of guilty, so far as regards all proceedings on the indictment, and on whi

Lat. In the civil law. A name; the name, style or designation of a person. Properly, the name showing to what yens or tribe he belonged, as distinguished from his own individual na

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.

A name is, as it were, the note of a thing. 11 Coke, 20.

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

A name of the law ; a technical legal term.

A name is not sufficient if there be not a thing [or subject for it] 4e jure or de Jacto. 4 Coke, 107b.

See Nomina Transcriptitia.

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

Titular; existing in name only; not real or substantial; connected with the transaction or proceeding in name only, not in interest. —Nominal consideration. See Consideration. —Nom

See Consideration.

See Damages.

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

One whose name appears in connection with the business as a member of the firm, but who has no real interest in it.

One who has no interest in tbs 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 pl

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.

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 certainty lost

Godb. Names are the symbois of things.

11 Coke, 20. Names are the notes of things.

To propose for an appointment ; to designate for an office, a privilege, a llving, etc.

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, whi

Lat. 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 particular action. The proceeding takes placo before the under-sheriff or secondary

Lat In Roman law. A form of plea or defense in aD action for the recovery of real estate, by which the defendant, sued as the person apparently in possession, alleges that he holds

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

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

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 literæ (ie, Uteris obligationes) were so called because they arose from a peculiar transfer (transcriptio) from the creditor's day-book (adv

In English law. An account of the names of all the vlllages and the possessors thercof, in each county, drawn up by several sheriffs, (9 Edw. II.J and returned by them into the exc

Lat. By name; by the name of; under the name or designation of.

One who has been nominated or proposed for an office.

In' the name of a penalty. In the civil law, a legacy was said to be left nomine pœnœ where it was left for the purpose of coercing the heir to do or not to do something. Inst. 2,

(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

One who writes on the subject of laws.

A treatise or description of laws.

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

Lat Not. The common particle of negation.

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

The refusal to accept anything.

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.

In legal parlance, thla term denotes the absence of opportunities for sexual intercourse between husband and wlfe; or the absence of such intercourse.

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.

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.

A forbearance from action; the contrary to act.

The refusal of admission.

Lack of requisite legal age. The condition of a person who is under twenty-one ycars of age, in some cases, and under fourteen or twelve in others; minority.

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 (Be-tributed to pious uses. Blount.

S Inst. 217. A person may not be punished differently than according to what the sentence enjoins.

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.

A noncontinuous or discontinuous casement Fetters v. Humphreys, 18 N. J. Eq. 262. See Easement.

A failure of appearance; the omission of the defendant to appear within the time limited.

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 and holding of such certific

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.

He did not undertake within six years. The name of the plea of the statute of limitations, in the action of assumpsit.

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 forei

Not admitting of bail; not requiring bail.

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 rul

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

The omission or neglect of him who ought to claim hls right within the time limited by law; as within a year and a day where a continual claim was required or within five years aft

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

A non-commissioned 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 appoint

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 a

12 Coke, 47. Summonses shouid not be granted before It ls expressed on what matter the summons ought to be made.

Lat He did not grant The name of a pica denying a grant, which could be made only by a stranger.

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

Bract. foL 44. He who mistakes does not consent.

Lat. It 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.

A non-apparent or discontinuous casement. Fetters v. Humphreys, 18 N. J. Eq. 262. See Easement.

Lat. In pleading. Not guilty. It ls usually abbreviated "non cui" '

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 o

He who has not does not give. Lofft, 258; Broom, Max. 467.

I ought not to be in better condition than he to whose rights I succeed. Dig. 50, 17 175, L

A plaintiff ought not to be allowed what is not permitted to a defendant A ruie of the civll law. Dig. 50, 17, 41.

A plea of the same matter the dissolution of which is sought [by the action] ought not to be brought forward. Broom, Max. 166.

A person ought not to be prejudiced by what has been done between others. Dig. 12, 2, 10.