Black's Law Dictionary

A burdensome condition ought not to be brought upon one man by the act of another. Dig. 50, 17, 74.

He to whom the greater is lawful ought not to be debarred from the less as unlawfub Dig. 50, 17, 21; Broom, Max. 176

2 Inst. 625. That which seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty.

It is unbecoming to surrender men when no cause is shown. In re Washburn, 4 Johns. Chi (N. Y.) 106, 114, 8 Am. Dec. 548; Id., 3 Wheeler, Cr. Can. (N. Y.) 473, 482.

See De non Decimando.

5 Coke, 60. He is not deceived who knows himself to be deceived.

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

Neglect, failure or refusal to deliver goods, on the part of a carrier, vendor, bailee, etc.

Lat He does not detain. The name Of the general issue in the action of detinue. 1 Tidd, Pr. 645; Berlin Mach. Works v. Alabama City Furniture Co., 112 Ala. 488, 20 South. 418. The

Those things do not differ which agree in substance, though not in the same words. Jenk. Cant p. 70, case 32.

In Lat He did not demise. A pica resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. Also, a plea in bar, in replevin,

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

A writ not to distrain.

It is certain that, although the vendor has not given a special guaranty, an action ex empto lies against him, lf the purchaser is evicted. Code, 8, 45, 6; Broom, Max. 768.

Payments made to the church, by those who were tenants of church-farms. The first was a rent or duty for things belonging to husbandry; the second was claimed in right of the churc

The intention amounts to nothing unless the effect follow. 1 Rolle, 226.

There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time. Cic. Fra

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

There is no closer [or firmer] bond between men than an oath. Jenk. Cent p. 126, case 54.

There is no disputing about rules of law.

12 Coke, 65. It is unrcasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court, when the cognizance of the principal cause is admitted to a

Litt. 343. We cannot dispute against a man who denies first principles.

Lat A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant It denies that the deed mentioned in the declaration is the defendant's deed. U

Lat. He is not found. The sheriff's return to process requiring him to arrest the body of the defendant, when the latter is not found within his jurisdiction. It is often abbreviat

It is not just to make an elder-born a bastard after his death, who during his llfetime was accounted legitimate. 12 Coke, 44

It is no new thing that prior statutes should give place to lator ones. Dig. 1, 3, 36; Broom, Max. 28.

There is no rule but what may fail. Off. Exec. 212.

That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumults. Dig. 50, 17, 176.

The names of things ought to be understood, not according to the opinions of individuals, but according to common usage. Dig. 33, 10, 7, 2.

You are not to do evil, that good may be or result therefrom. 11 Coke, 74a; 5 Coke, 306

The neglect or failure of a person to do some act which he ought to do. The term is not generally used to denote a breach of contract, but rather the failure to perform a duty towa

Lat He did not make it A plea in an action of assumpsit on a promissory note, 3 Man. & G. 446.

He did not commit waste against the prohibition. A plea to an actioD founded on a writ of estrepement for waste. 3 Bl. Comm. 226, 227.

I did not agree to these terms.

A derogatory clause does not impede things from being dissolved by the same power by which they are created. Broom, Max. 27.

Lat He did not impede. The plea of the general issue in quare impedit. The Latin form of the law French "ne disturba pas."

A writ to prohibit balliffs, etc., from distraining or impleading any man touching his freehold without the king's writ. Reg. Orig. 171.

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

The laws consist not in being read, but in being understood. 8 Coke, 107a.

1. The refusal of one state or nation to have commercial dealings with another; simllar to an embargo, (q. v.) 2. The absence of access, communication, or sexual relations between

I was not present A reporter's note. T. Jones, 10.

A term sometimes applied to a will which authorizes the executor to settle and distribute the estate without the intervention of the court and without giving bond. In re Macdonald'

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.

A writ addressed to the justices of the bench or in eyre, commanding them not to give one who, under color of entitling the king to land, etc., as holding of him in capite, had dec

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.

See Joinder.

One on which process cannot ordinarily issue or be served or returned and on which the courts do not ordinarily sit. Whiiney v. Blackburn, 17 Or. 564, 21 Pac. 874, 11 Am. St. Rep.

Not judiclal; not legal. Dies non juridicus ls a day on which legal proceedings cannot be bad.

In English law. Persons who refuse to take the oaths, required by law, to support the government.

The law does not arise from the rule (or maxim,) but the rule from the law. Tray. Lat. Max. 384.

Not right, but seisin, makes a stock. Fleta lib. 6, c. 2, § 2. It is not a mere right to enter on lands, but actual seisin, which makes a person the root or stock from which nil fu

Not subject to be levied upon. Non-leviable assets are assets upon which an execution cannot be levied. Farmers' F. Ins. Co. v. Conrad, 102 Wis. 387, 78 N. W. 582.

That which may be [done only] at a loss is not allowed [to be done.] The law does not permit or require the doing of an act which will result only in loss. The law forbids such rec

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 verdi

A term applied to nil letters and parcels which are by law excluded from transportation in the United States malis, whether on account of the size of the package, the nature of its

An ancient writ addressed to justices of assize, to inquire whether the magistrates of a town sold victuals in gross or by retail during the time of their being in offico, which wa

A writ that lay for a person who was molested contrary to the king's protection granted to him. Reg. Orig. 184.

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

Not to be born, and to be dcad-born, are the same,

Not negotiable; not capable of passing title or property by indorsement and delivery.

A law is not obligatory unless it be promulgated.

Where form is not observed, an annulling of the act is Interred or follows. 12 Coke, 7.

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

Notwithstanding the verdict. A judgment entered by order of court for the plaintiff, although there has been a verdict for the defendant, is so calied. German Ins Co. v. Frederick,

An attempt does not harm unless a consequence follow. 11 Coke, 98.

A clause usually inserted 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

It is not everything which is permitted that is honorable. Dig. 50, 17, 144; Howell v. Baker, 4 Johns. Ch. (N. Y.) 12L

There cannot be given a reason for all the things which have been established by our ancestors. Branch, Princ.; 4 Coke, 78; Broom, Max. 157.

The neglect, failure or refusal of payment of a debt or evidence of debt when due.

Neglect, failure or refusal to do or perform an act stipulated to be done. Failure to keep the terms of a contract or covenant, in respect to acts or doings agreed upon.

2 Inst. 488. It belongs not to the secular judge to take cognizance of things which are merely spiritual.

In old English law. Default in not replevying land in due time, when the same was taken by the king upon a default. The consequence thereof (loss of seisin) was abrogated by St 9 E

A writ formerly granted for freeing and discharging persons from serving on assizes and juries. Fitzh. Nat. Brev. 165.

A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714.

An exception of the same thing whose avoidance is sought cannot be made. Broom, Max. 166.

1 Exch. 91, 92. That cannot be proved which, if proved, is immaterial.

No one can sue without a writ. Fleta, lib. 2, c. 13, § 4. A fundamental rule of old practice.

The king cannot confer a favor on one subject which occasions injury and loss to others. 3 Inst 236; Broom, Max. 63.

The king cannot load a subject with imposition against his consent 2 Inst. 61.

He cannot be considered as having ceased to have a thing who never had it Dig. 50, 17, 208.

Lat If, in the proceedings in an action at law, the plaintiff neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for

Lat Not to disturb what is settled. A rule expressing the same principle as that of stare decisis, (q. v.)

Not what is said, but what is done, is regarded. Co.. Litt. 36a.

10 Coke, 52. It matters not whether a man gives his assent by his words or by his acta and deeds.

5 Coke, 122. It matters not which of [two] equivalents happen.

It matters not what is known to a judge, lf it be not known in judicial form. 3 Bulst. 115. A leading maxim of modern law and practice, Best, Ev. Introd. 31, § 38.

Cro. Car. 49. It matters not whet hi er a revocation is made by words or deeds.

Residence beyond the limite of the particular jurisdiction. In ecclesiastical law. The absence of spiritual persons from their benefices.

One who ls not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum. Gardner v. Meeker, 169 111. 40, 48 N. E. 307 ; Nagel v. Loomis, 33 Neb.

A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his nonresidence; in which case he is to be discharged. Reg. Orig. 58.

4 Coke, 71. A minor shall not answer unless in a cas# of dower, and this in favor of dower.

As "sane," when applied to the mind, means whole, sound, in a healthful state, "non-sane" must mean not whole, not sound, not in a healthful state; that is, broken, impaired, shatt

Unsound memory ; unsound mind. In re Beaumont, 1 Whart. (Pat) 52, 29 Am. Dec. 33; In re Forman's Will, 54 Barb. <N. Y.) 286.

Lat. Of unsound mind. Fleta, lib. 6, c. 40, § 1.

Unintelligible matter in a written agreement or will.

Lat It does not follow.

Superfluities [things which abound] do not usually vitiate writings. Dig. 50, 17, 94.

Not only what is lawful, but what is proper or convenient, is to be considered; because nothing that is inconvenient is lawful. Co. Litt. 66o.

A writ prohibiting an ordinary to take a pechniary mulct imposed on a clerk of the sovereign for nonresidence. Reg. Writ. 59.