A Law Dictionary, Adapted to the Constitution and Laws of the United States

The act of congress of December 31, 1792; concerning the registering and recording of ships or vessels, provides, § 3. That every ship or vessel, hereafter to be registered, (excep

an old word which signifies the taking or distraining another person’s moveable goods. 2 Inst. $40; 3 Bl. Com. 149.

pleading. An abbreviation of the word narratio; a declation in the cause.:

A pleader who draws narrs; serviens narrator, a serjeant at law. Fileta, 1. 2,c. 37. Obsolete.

The state or condition of a man acquired by birth.

Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual ‘safety and advantage by the joint efforts of their com

The affection which a husband, a father, a brother, or other near relative, naturally feels towards those who are so nearly allied to him, sometimes supplies the place of a valuabl

French mar. law. When by the violent agitation of the waves, the impetuosity of the winds, the storm, or the lightning, a vessel is swallowed up or so shattered that there remain o

whatever relates to traversing the sea in ships; the art of ascertaining the geograpas position of a ship, and directing er course. It is not within the plan of this work to copy t

government. The act of the 80th of April, 1798, 1 Story’s Laws, 498, establishes an executive department under the denomination of the department of the navy, the chief officer of

tn pleading, is the statement, in apt and appropriate words, of all the necessary facts and no more. Lawes on Pl. 62.

contracts. Is the exact weight of an article, without the bag, box, keg or other thing in which it may be enveloped.

are such things as are proper and requisite for the sustenance of man. Persons incapable of making contracts generally, may nevertheless make legal engagements for necessaries for

The constitution of the United - States, art. 1, s. 8, vests in congress the power “to make all laws, which shall be necessary and proper, for carrying into execution the foregoing

is in general whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibility: whatever is done through necessity is done without any intention,

or NON DE.

practice. The name ofa writ issued by a court of chancery, directed to the sheriff, reciting that the defendant in the case is indebted to the complainant, and that he designs goin

This word has several significations. 1. It is used in contradistinction to giving assent; thus we say the president has put his negative upon such a bill. Vide Veto. 2. It is also

in pleading. Such form of negative expression, In pleading, as may imply or carry within it, an affirmative. This is faulty, because the meaning of such form of expression is ambig

That it be not received. A caveat or words of caution given to a law officer, by & party in a cause, not to receive the next proceedings of his opponent. 1 Sell. Pr.7. -

old Eng. law. The name of a writ which issued to relieve a tenant upon whom his lord had distrained for more services than he was bound to perform. It was a prohibition to the lord

pleading, is a plea by which the party denies that he ever was lawfully married to the person to whom it refers. See the form,2 Wils. R. 118; Morg. 582; 10 Went. Prec. Pt. 158; 2H.

pleading, is a plea by which the party who uses it, denies that the plaintiff is an executor, as he claims to be; or that the defendant is executor as the plaintiff in his declarat

ER, pleading, the name of a plea in action of account render, by which the defendant affirms that he never was the receiver of the plaintiff’ 12 Vin. Ab. 183.

The name of one of the original states of the United States of America. This state, when it was first settled, was divided into two provinces, which bore the names of East Jersey a

evidence. Whatever is communicated professionally by a client to his counsel, solicitor or attorney, is considered as a confidential communication. This the latter is not permitted

Not included. It is an exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon the petition is founded. Toml. Law Dict.

To say nothing. These words are used to signify that judgment be rendered against a party, because he does not deny the cause of action, i. e. by default. When a fair and impartial

may be defined to. be that space of time during which the sun is below the horizon of the earth, except that short space which precedes its rising and follows its setting, during w

are described to be persons who sleep by day and walk by night, 5 E. 3, c. 14; that is, persons of suspicious appearance and demeanor, who walk by night. Watchmen may undoubtedly a

practice. That he takes nothing by his writ. This is the judgment against the plaintiff in an action, either in bar or in abatement. When the plaintiff has commenced his proceeding

He says nothing. It is the failing of the defendant to put in a plea or answer to the plaintiff’s declaration by the day assigned; and in this case judgment is given against the de

This word is used in legal proceedings that something has been is to be valid unless shall be done within a to defeat it. For example, may be made that if on pointed to show cause,

Scotch law. Before a witness can be examined inchief, he may be examined with regard to his. disposition, whether he bear good or ill will towards either ofthe parties; whether he

practice, is an entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further. A nolle prosequi may be entered either in a criminal or a c

This expression is used to signify that a word in the singular number is to be understood in the plural in certain cases. Misdemeanor, for example, is a word of this kind, and when

relating to a name. A nominal! plaintiffis one in whose name an action is brought, for the use of another. In this case, the nominal plaintiff has no control over the action, nor i

This word has several significations; 1, an appointment; as, I nominate A B, executor of this my last will. 2. A proposition; the word nominate is used in this sense in the constit

contracts, is the name of a penalty incurred by the lessee to the lessor, for the nonpayment of rent at the day appointed by the lease or agreement for its though it may be any thi

DETIN itr, in pleading. is the general issue in an action of detinue. Its form is as follows: ‘“‘ And tne said C D, by E F, his attorncy, comes and defends the wrong and injury, wh

By this term is unthat period of life from the birth ner till the arrival of twenty one years. In another sense it means under the proper age to be of ability to do a particular th

tn pleading, is the general issue in trespass on E F, his attorney, comes and defends the wrong and injury, when, &c. and says, that he did not undertake or promise, in manner and

civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and

An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, ancglect to make such claim within a year and d

persons. These words sienify not of sound mind, memory, or understanding. This is a generic term and includes all the species of madness, whether it arise from 1, idiocy; 2, sickne

Engl. law. A name given to certain dissenters from the rites and ceremonies of the church of England.

pleadings. Not guilty (q. v.) It is usually abbreviated non cul. 16 Vin. Ab. 1.

pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified. 1 B

pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares ona parole lease. Gilb. Debt, 436, 438; Bull. N. P. 177; 1 Chit. Pl. 477. It is imp

in pleading, is the general igsue in debt on bond or other specialty, and is, in form, as follows: “ And the said C D, by E F, his attorney, comes and defends the wrong and injury,

torts, contracts, is the non performance of some act which ought to be performed. When a legislative act requires a person to do a thing, its non feasance will subject the party to

English practice, is the name of a writ directed to the sheriff; where the bailiff of a liberty or franchise, who has the return of writs, neglects or refuses to serve a process, t

or NON PROSE-

eccles. law. The absence of spiritual persons from their benefices.

construction, is that which in a written agreement or will is unintelligible. Itisa rule of Jaw that an instrument shall be so construed that the whole if possible shall stand. Whe

The name of a judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue,

pleading. I am not informed. Vide Informatus non sum.

pleading. A plea ina real action, by which the defendant, asserted that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration. 1 Mod. 2

The vacation between two terms of a court.

is the neglect to make use of a thing. A right which may be acquired by use, may be lost by non-user, and an absolute discontinuance of the use for twenty years affords presumption

The name of one of the original states of the United States of America. The 1663 by Charles the Second to Lord Clarendon and others, of a much more extensive country. The boundarie

estates, conv. practice, is the fourth part of a fine of lands: it is an abstract of the writ of covemant and concord, and is only a docquet taken by the chirographer, from which h

contracts. Another name, less technical, for a promissory note, (q. v.) 2 Bl. Com. 467.,

practice, are short statements of what transpires on the trial of cause; they are generally made by the judge and the counsel, for their own satisfaction. They are not, per se, evi

evidence, is that which is generally known. - This notoriety is of fact or of law. In general the notoriety of a fact is not sufficient to found a judgment.or to rely on its truth;

Nar. 6. b.—until the Octaves—translated they have wished. Deins—ibid.—11. b.

civ. law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to the laws which they had before pu

: Naked. Figuratively, this word is applicd to various subjects. A nude contract, nudum pactum, (q. Vv.) is one without a consideration; nude matter, is a bare allegation of a thin

A bare allegation unsupported by evidence.

contracts, is a contract made without a consideration; it is called a nude or naked contract, because it is not clothed with the consideration required by law, in order td give an

law French, a barbarous word which means to convey a negative; as, Nul tiel record, Nul tie award.

pleading. No disseisin. A plea ina real action, by which the defendant denies that there was any disseisin: it is a species of the general issue.

signifies properly what does not exist; what is not properly in the nature of things. In a figurative sense, and in law, it means that which has no more effect than if it did not e

pleading. The name of a plea to an action on an arbitration bond for not fulfilling the award, by which the defendant asserts there is no award.

pleading. No such record. Whena party claims to recover on the evidence of a record, as in an action on scire fucias, or when he sets up his defence on matter of record, as a forme

pleading. No nies that he co.amitted any wrong. It is a species of general issue.

pleading. This is the general issue in an action of waste. Co. Entr. 700 a, 708 a. The plea of nul waste admits nothing, but puts the whole declaration in issue; and in support of

tnternational law. A

practice. This phrase which signifies row for then, is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtain

is used to ex-, press that a will or. testament has been made verbally, and not in writing. Vide Testament, nuncupative; Will, nuncupative; 1 Williams on Exec. 59; Swinb. Index, h.