The Cyclopedic Law Dictionary

(L. Ft.) Birth; origin. NAIF (Law Fr.; Law Lat. nativus, a born slave). A villein; a born slave (nee serfe). Britt. c. 31; LL. Gul. Conq. lib. 33.

As used in legal phrases, the term means either without consideration or legal formality, or without support or corroboration.

A confession of crime unsupported by extrinsic evidence showing the commission of the crime.

A right, power or authority disconnected from any interest or estate of the donee in the subject-matter to which it relates. 1 Caines Cas. (N. Y.), 15; 47 Miss. 534.

A passive trust.

or NAAM. In Old English Law. The taking of a pledge; a distress. A component part of the word "withernam" (q. v.) In Latin Phrases. For. Used as introductory to the quotation of a

One or more words habitually used to distinguish a particular individual. A letter of the alphabet does not constitute a name. 232 111. 228. The name of a person consists, among An

The popular name in English law for the clause, sometimes inserted in a will or settlement by which property is given to a person, for the purpose of imposing on him the condition

In a strict grammatical sense a difference exists between "namely" and "including." The former imports interpretation, i. e., indicates what is included in the previous term; but "

An old word which signifies the taking or distraining another person's movable goods. 2 Inst. 140; 3 HI. Comm. 149. A distress. Dalr. Feud. Prop. 113.

An unjust taking of the cattle of another, and driving them to an unlawful place, pretending damage done by them. 3 Bl. Comm. 149. NARR (an abbreviation of the word narratio). A de

A pleader who draws rva/rrs. Serviens narrator, a serjeant-at-law. Fleta, lib. 2, c. 37. Obsolete.

In English law. Those seas which adjoin the coast of England. Bac. Abr. "Prerogative" (B 3). NASCITURUS (Lat. from nasci, to be bom). In the civil law. An unborn child; a child to

The state or condition of a man acquired by birth. heirs, near and remote. Fleta, lib. 3, c. 8. See Comb. 164. NATIO (Lat.) In old reoords. A native place. Cowell.

An Independent body politic; a society of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. But ev

National banks are, and are not, foreign corporations. They are incorporated and exist under acts of congress and are agencies of the federal government, domesticated in the state.

See "Public Domain."

Domicile considered with respect to the nation within which one is domiciled, rather than with respect to the particular locality.

Character, status, or condition ■with reference to the rights and duties of a person as a member of some one state or nation, rather than another. The term is in frequent use with

or NATIVE CITIZEN. A natural-born subject. 1 Bl. Comm. 366. A person born within the jurisdiction of the United States, whether after Declaration of Independence or before, if he d

In old English law. Vl Uenage; that state in which men were born slaves. 2 Mon. Angl. 643. Called by Britton naifte. Britt. c. 31.

A writ which lay for a lord whose villein had run away, commanding the sheriff to apprehend the villein, and restore him to the lord.

A born villein.

ITA et lex. Nature aspires to perfection, and so does the law. Hob. 144. NATURA FIDE JUSSIONIS SIT STRICTisslml Juris et non durat, vel extendatur de re ad rem, de persona ad perso

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 valuable

In English Law. That kind of allegiance which is due from all men born within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot be di

In English law. Such persons as are born within

Bastards; children born out of lawful wedlock. In Civil Law. Children by procreation, as distinguished from children by adoption. In Louisiana. Illegitimate children who have been

That space of time Included between the rising and the setting of the sun. See "Day."

That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is

In Spanish law. The state of a natural-born subject. White, New Recop. bk. 1, tit. 5, c. 2. Called naturalidad.

An idiot; one bom without the reasoning powers, or a capacity to acquire them.

The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes, or plants. This expression is used in con

A period of nonresponsible life, which ends with the seventh year.

The process of conferring citizenship on an alien.

One who, being born an alien, has lawfully become a citizen of the United States under the constitution and laws. He has all the rights of a natural-born citizen, except that of be

The law of nature; the divine will, or the dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or unsuitablen

The power of acting as one thinks fit, virithout any restraint or control, unless by the law of nature. 1 Bl. Comm. 125.

The period between birth and natural death, as distinguished from civil death (g. v.)

One which in honor and conscience binds the person who has contracted it, but which cannot be enforced in a court of justice. Poth. notes 173, 191. See "Obligation."

Such as are formed by the Deity, as distinguished from artificial persons, or corporations, formed by human laws for purposes of society and government.

In evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connections which are p

In old English law. That period of time in which the sun was supposed to revolve in its orbit, consisting of three hundred and sixty-five days and one-fourth of a day, or six hours

ITA nee lex. Nature makes no leap, nor does the law. Co. Litt. 238. NATURA NON FACIT VACUUM; NEC lex supervacuum. Nature makes no vacuum; the law nothing purposeless. Co. Litt. 79.

In French maritime 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

In old practice. Bad; defective. "The bar is naught." 1 Leon. 77. "The avowry is naught." 5 Mod. 73. "The plea is undoubtedly naught." 10 Mod. 329. See 11 Mod. 179. Sometimes writt

The freight of passengers in a ship. Johnson; Webster. NAULUM (Lat.) Freight or passage money. 1 Pars. Mar. Law, 124, note; Dig. 1. 6. 1, qui potiores in pignore. NAUTA (Lat.) One

Persons experienced in navigation, who are called upon by an admiralty judge to sit with him in cases involving questions of correct navigation, and advise him thereon. 2 Curt. C.

A duty on certain tenants to carry their lord's goods in a ship. 1 Mon. Angl. 922.

Appertaining to the navy (g. v.)

Courts held abroad in certain cases to inquire into complaints by the master or seamen of a British ship, or as to the wreck or abandonment of a British ship. A naval court consist

Tribunals

A system of regulations for the government of the navy. 1 Kent, Comm. 377, note. Consult Act April 3, 1800; Act Dec. 21, 1861; Act July 16, 1862; Homans, Nav. Laws; De Hart, Courts

An officer of the customs of the United States. His office relates to the estimating duties, countersigning permits, clearances, etc., certifying the collectors' returns, and simil

Those who are in command in the navy.

or NAVICULARIUS (Lat.) In civil law. The master of an armed ship. Navicularius also denotes the master of a ship (patronus) generally; also, a carrier by water {exeroitor navis). C

Capable of being navigated. In English law, only waters in which the tide flows are navigable in the technical sense. 5 Taunt. 705; Davies, 149. In American law, any water is navig

The science or art of conducting a ship from one place to another This includes the supply of necessary im plements and skillful mariners. The instru. ments are useless without the

St. 12 Car. II, c. 78. It was repealed by 6 Geo. IV. cc. 109, 110, 114. See 16 & 17 Vict. c. 107; 17 & 18 Vict. c. 120. NAVIS (Lat.) A ship; a vessel. Dig. 21. 2. 44; Id. 47. 9. NA

The whole shipping, taken collec tively, belonging to the government of an independent nation, and appropriated for the purposes of naval warfare. It does not include ships belongi

A sum paid to government as an sicknowledgment for a grant of lands, or any public office. Enc. Lend. NE ADMITTAS (Lat.) The name of a writ, so called from the first words of the L

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

Oxen or heifers. The term is not as broad as "beeves." 36 Tex. 324.

Land let out to the yeomanry. Cowell.

In pleading. The statement in apt and appropriate words of all the necessary facts, and no more. Lawes, PI. 62. NEC CURIA DEFICERET IN JUSTITIA exhibenda. Nor should the court be d

He did not deliver. In pleading. A plea in detinue, by which the defendant denies the delivery to him of the thing sued for.

The act of killing.

Such things as are proper and necessary for the sustenance of man. As used to describe those things for which an infant may lawfully contract, necessaries are such articles, suitab

Necessary is often employed as a term somewhat analogous to "expedient," or "appropriate," or "reasonably convenient." 115 la. 734.

That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27-97.

In Scotch law. That kind of intromission or interference where a husband or wife continues in possession of the other's goods, after their decease, for preservation. Wharton.

Include not only those absolutely indispensable to the safety of the ship, but such as are reasonably fit and proper under the circumstances. 3 Sumn. (U. S.) 237.

In the civil law. Necessity; vis major.

QUOD COGIT, DEFENDIT. Necessity defends what it compels. Hale, P. C. 54. NECESSITAS SUB LEGE NON CONTInetur,.quia quod alias non est licitum necessitas facit licitum. Necessity is

Culpable or blameworthy necessity; that kind of necessity which excuses a man who kills another se defendendo. So called by Lord Bacon to distinguish it from the necessity of killi

Necessity has no law. Plowd. 18. See "Necessity." 15 Viner, Abr. 534; 22 Viner, Abr. 540. NECESSITAS PUBLICA MAJOR EST quam privata. Public necessity is greater than private. Bac.

Necessity overcomes the law. Hob. 144. NECESSITAS VINCIT LEGEM; LEGUM vincula irrldet. Necessity overcomes law; it derides the fetters of law. Hob. 144. NECESSITY (Lat. necessitas)

A cant term for the verse which the ordinary gave a malefactor who prayed his clergy to read, and by reading which he escaped hanging. The flrst verse of the 51st Psalm, being that

LAESO NUMINE, CASUS habet. Where the Divinity is insulted, the case is unpardonable. Jenk, Cent. Cas. 167.

CAsus habet. Where blood is spilled, the case is unpardonable. 3 Inst. 57.

In pleading. The general issue in qu Mre impedit. Hob. 162. See Rast. Entr. 517; Winch, Entr. 703.

NON DEDIT. In pleading. The general issue in formedon. It is in the following formula: "And the said C. D., by J. K., his attorney, comes and defends the right, when, etc., and say

In Old English Law. A high prerogative writ, generally called ne exeat regno, issued out of chancery to forbid a subject from leaving the realm. Originally it was issued for politi

et ambae faclunt affirmatlone'm. A negative destroys a negative, and both make an affirmative. Co. Litt. 146.

In pleading. An averment in some of the pleadings in a case in which a negative is asserted.

One where the thing which is the subject of it must not happen. 1 Bouv. Inst, note 751.

One in negative form, whereby the covenantor binds himself not to do a particular thing.

One which consists in a prohibition upon the owner of the servient estate of some act which would be detrimental to the dominant estate.

In pleading. Such a form of negative expression as may imply or carry within it an affirmative. Thus, where a defendant pleaded a license from the plaintiff's daughter, and the pla

One which is enacted in negative terms, and which so controls the common law that it has no force in opposition to the statute. Bac. Abr. "Statutes" (G); Brooke, Abr. "Parliament,"

The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent

In mercantile law. Transferable quality. That quality of bills of exchange and promissory notes, which renders them transferable from one person to another, and from possessing whi

Any written instrument which may be transferred by indorsement and delivery, or by delivery alone, so as to give the indorsee the legal title, and enable him to sue in his own name

See "Words of Negotiability."

The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced int

Generally a person belonging to the African race, and having such a proportion of African blood as will identify him with that race. 5 Jones, Law (N. C.) 11; 80 Va. 544. It has bee

An abbreviation for non est irir ventus (g. v.) N. L. An abbreviation of non liquet (q. v.)

Chit. Prac. NON EST JUSTUM ALIQUEM ANTENAtum post mortem facere bastardum, qui toto tempore vitae suae pro legitimo habebatur. It is not just to make an elder born a bastard after

In old English law. A woman who was born a villein, or a bond woman.

The immediately adjacent locality. See 27 Mo. App. 584; 63 N. H. 246; as applied to place, signifies nearness, as opposed to remoteness, 63 N. H. 246. Vicinity does not denote so c