Black's Law Dictionary

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

Lat Not his own mas tor. The opposite of sui juris, (g. v.)

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

Lat I am not informed; I have not been instructed. The name of a species of judgment by default, which is entered when the defendant's attorney announces that he is not informed of

5 Coke, 114. Not to believe rashly is the nerve of wisdom.

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

Lat He did 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

A plea in a real action, by which the defendant asserts, either as to the whole or as to some part of the land mentioned in the plaintiff's declaration, that he does not hold it Pu

The vacation between two terms of a court.

The vacation between term and term, formerly called 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 casement or other right. 3 Kent, Comm. 448. A right acquire

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 Com. v. Cross

3 Coke, 41. The offspring of a felon cannot succeed either to a maternal or paternal Inheritance; but, If he had offspring before the felony, such offspring may succeed as to the i

Inability to sue. 5 Bell, App. Cas. 172.

in possessione rei vel juris uude fieri debet confirmatio; et eodem modo, nisi ille eni confirmatio fit sit in possessione. Co. Litt. 295. Confirmation is not valid unless he who c

A plea of the same matter the dissolution of which is sought, is not valid. Called a "maxim of law and common sense." 2 Eden, 134.

4 Coke, 31a. An impediment which does not derive its effect from law is of no force.

Cod. 6, 43, 2. We impose laws, not upon words, but upon things themselves.

They are not considered to consent who commit a mistake. Dig. 50, 17, 116, § 2; Broom, Max. 262.

He does not appear to have retained consent, who has changed anything through menaces. Broom, Max. 278.

That does not seem to be completely one's own which can be taken from him on occasion. Dig. 50, 17, 139, 1.

Dig. 50, 17, 51. No one is considered entitled to recover that'which he must give up to another.

He is not deemed to use force who exercises his own right, and proceeds by ordinary action. Dig. 50, 17, 155, 1.

Lat He (the defendant in a criminal case) will not contest it. A plea legally equivalent to that of guilty, being a variation of the form "nolo contendere," (q. v.,) and sometimes

In English law. Twelve acres and a 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 modern writers on jurisprudence to denote the law as it affects persons who are in a normal condition ; i. e., sui juris and sound in mind.

A training school for teachers; one in which instruction is given in the theory and practice of teaching; particularly, in the system of schools generally established throughout th

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

In English law. The title of the third of the three kings-at-arms or pro-vinciui heralds.

Longevity and annuity tables compiled from bills of mortality kept in All Saints parish, England, In 1735-1780.

It is known from its associates. 1 Vent. 225. The meaning of a word is or may be known from the accompanying words. 3 Term R. 87; Broom, Max. 588.

Moore, 817. He who cannot be known from himself may be known from his associate.

In the civll law. persons who have the management and care of hospitals for paupers.

Lat. In the civil law. A mark or brand put upon a person by the law. Mackeld. Rom. Law, § 135.

In civll and old European law. Short-band characters or marks of contraction, in which the emperors' secretaries took down what they dictated. Spelman; Cal vim

Taken by a notary; performed by a notary in his official capacity; bslonging to a notary and evidencing his official character, as, a notarial seal.

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 dictated to him by another; one

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

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

n. An abstract, a memorandum; an informal statement in writing. Also a negotiable promissory note. See Bought Note; Notes; Judgment Note; Promisso-bt Note; Sold Note. —Note of a fi

In practice. Memoranda made by a judge on a trial, as to the evidence adduced, and the points reserved, etc. A copy of the judge's notes may be obtained from Ms clerk.

These words, indorsed on a blll of indictment by a grand jury, have the same effect as the indorsement "Not a true bill" or "Ignoramus."

A pica 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 BL Co

In English practice. A plea of the general issue by a defendant in a civll action, when he intends to give special matter in evidence by virtue of some act or acts of parliament, i

Lat. In Roman law. A natural child or a person of spurious birth.

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 pleading. The allegation in a pleading that notice has been given.

In lieu of personally serving a writ of summons (or other legal process,) in English practice, the court occasionally allows the plaintiff (or other party) to give notice in lieu o

When it is intended to sue certnin particular individuals, as in the case of actions against justices of the peace, it is necessaiy in some jurisdictions to give them notice of the

A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.

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

It is required by statute in several of the slates that the party for whom the verdict in an action has been given shall serve upon the other party or his attorney a written notice

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, on a certain day designated, a motion will be made to the court for the purpose or object stated. Field V. Park, 20 Johns. (

A notice given by the holder of a bill or note to the drawer or indorser that the bill has been protested for refusal of payment or acceptance. Cook v. Litchfield, 10 N Y. Leg. Obs

A notice given by one of the parties in an action to the other, after an issue has been reached, that he intends to bring the cause forward for trial at the next term of the court.

In the practice of the English high court, either party to an action may call on the other party by notice to admit the existence and execution of any document, in order to save th

This is a 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 plea

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

In legal procoedings, 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 thereto

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

Lat. Knowledge; information; intelligence; notice.

Notice is named from a knowledge being had; and notice ought not to halt, [i. e., be imperfect.] 6 Coke, 29.

The Scotch form of "notarial," (q. v.) Bell.

The state of being notorious Or universally well known. —Proof by notoriety. In Scotch law, dispensing with positive testimony as to matters of common knowledge or general notoriet

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

A condition of insolvency which is generally known throughout the community or known to the general class of persons with whom the insolvent has business relations.

In the rule that a prescriptive title must be founded on open and "notorious" adverse possession, this term means that the possession or character of the holding must in its nature

In Scotch law. Open; notorious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor, retires to sanctuary or absconds or defends by forc

A special traverse used in an action of trover, alleging that defendant was not possessed, at the time of action brought, of the chattels alleged to have bcen converted by him.

A verdict in a Scotch criminal trial, to the effect that the guilt of the accused is not made out, though his in-nocenco is not clear.

A return sometimes made by sheriffs or constables to a writ of execution; but it is not a technical formula, and is condemned by the courts as ambiguous and insufficient. See Marti

These words, when written across the face of a negotiable instrument, operate to destroy its ne-gotiabllity. Durr v. State, 59 Ala. 24.

A new state of the law ought to affect the future, not the past. 2 Inst. 292 ; Broom, Max. 34, 37.

The name of an imposition or duty. See Antiqua Custuma.

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

In the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 30, 2.

New statutes. An appellation sometimes given to the statutes which have bcen passed since the beginning of the reign of Edward III. 1 Steph. Comm. 88.

Novation is the substitution of a new debt or obligation for an existing one. Civ. Code Cal. § 1530; Civ. Code Dak. § 863; Hard v. Burton, 62 Vt. 314, 20 Atl. 269; McCartney v. Kip

Novation is not presumed. Halk. Lat. Max. 109.

See New Assignment.

See Assise or Novel Disseisin.

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

New constitutions; generally translated in English, "Novela." The Latin name of those constitutions which were issued by Justinian after the publication of his Code; most of them b

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

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 In the civll law. A step-mother.

Know all men by these presente. Formal words used at the commencement of deeds of release in the Latin forms.

Lat Denunciation of or protest against, a new work. This was a species of remedy in the civll law, available to a person who thought his rights or his property were threatened with

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

Lat. Novelty; newness; a new thing.

A novelty does not benefit so much by its utility as it disturbs by its novelty. Jenk. Cont. p. 167, case 23.

In ecolesiastical procedure. Facts "newly come" to the knowledge of a party to a cause. Leave to plead facte noviter perventa is generally given, in a proper case, even after the p

New counts. The collection called "Hovæ Narrationes" contains pleadings in actions during the reign of Edward III. It consists principally of declarations, as the title imports; bu

In old Scotch law. (We give anew.) The name given to a charter or clause in a charter, granting a renewal of a right. Bell.

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

A new adjudication does not make a new law, but declares the old; because adjudication is the utterance of the law, and by adjudication the law Is newly revealed which was for a lo

Lat In the civil law. A new work. See Novi Operis Nunciatio.