Nomination

An appointment: as, I nominate A B executor of this my last will. A proposal or naming. The word nominate is used in this sense in the constitution of the United States, art.

2, s.

2, § 2; the president “shall nominate, and by and with the consent of the senate shall appoint, ambassadors,’’ etc. In an agreement for reference, a provision that each party shall nominate a referee means not only naming him, but also the communication of the nomination to the other party.

17 L. J. Q. B. 2; 11 Q. B. 7.

As to nominations under modern ballot laws, see Election. NOMINE P(ENi€ (Lat. in the nature of a penalty). In Civil Law. A condition annexed to heirship by the will of the deceased person. Domat, Civ. Law; Hallifax, Anal. At Common Law. A penalty fixed by covenant in a lease for non-performance of its conditions. 2 Lilly, Abr. 221. It is usually a gross sum of money, though it may be anything else, appointed to be paid by the tenant to the reversioner, if the duties are in arrear, in addition to the duties themselves. Hamm. N. P. 411. To entitle himself to the nomine pamce, the landlord must make a demand of the rent on the very day, as in the case of a reentry; 1 Saund. 287" b; 7 Co. 28 b; Co. Litt. 202 a. A distress cannot be taken for a nomine perme unless a special power to distrain be annexed to it by deed; 3 Bouvier, Inst. n. 2451. See Bac. Abr. Rent (K 4); Dane, Abr. Index.