Uous Easements

Discontinuous easements

Such that have no means specially constructed or appropriated to their enjoyment, and that are enjoyed at intervals, leaving between these intervals no visible sign of their existence; such as a right of way, or right of drawing a seine upon the shore.

Fetters v. Humphreys, 18 N. J. Eq. 262.

See Easement. NON-ASSUMPSIT (Lat. he did not undertake). The-geueral issue in an action of assumpsit. Andr. Steph. PI.

231.

Its form is, “And the said C D, by E F, his attorney, conies and defends the wrong and injury, when, etc., and says that he did not undertake or promise, in manner and form as the said A B hath above complained. And of this he puts himself upon the country.” Under this plea almost every matter may be given in evidence, on the ground, it is said, that as the action is founded on the contract, and the injury is the non-performance of it, evidence which disaffirms the obligation of the contract, at the time when the action was commenced, goes to the gist of the action.

1 B. & P. 481. See 12 Viner, Abr. 189; Com. Dig. Pleader (2 G 1).

NON ASSUMPSIT INFRA SEX ANN0S (Lat. he has not undertaken within six years). The plea by which, when pleadings were in Latin, the defendant alleged that the obligation was not undertaken and the right of action had not accrued within six years, the period of limitation of the right to bring suit. See Limitation. It is still in use.