The Cyclopedic Law Dictionary

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

See "Nerny." NEMINEM OPORTET ESSE SAPIENTIOrem legibus. No man need be wiser than the laws. Co. Litt. 97. NEMO ADMITTENDUS EST INHABILItare selpsum. No one is allowed to incapacita

QUI CONDEMNARE POTEST, absolvere non potest. No one who may condemn is unable to acquit. Dig. 50. 17. 37. NEMO SIBI ESSE JUDEX VEL SUIS JUS dicere debet. No man ought to be his own

TENETUR INFORMARE QUI nescit sed quisquis scire quod ^nformat. No one who is ignorant of a thing is bound to give information of it, but every one is bound to know that which he gi

No man acts against himself (Jenk. Cent. Cas. 40); 201, note; 4 Bing. 151; 2 Exch. 695; 18 C. B. 253; 2 Barn. & Aid. 822).

SINE SATISDAtlone, defensor idoneus intelllgltur. No man is considered a competent defender of another's property, without security. 1 Curt. C. C. (U. S.) 202. NEMO ALIENO NOMINE L

NISI QUI ID facit quod facere jus non habet. No one is considered as doing damage unless he who is doing what he has no right to do. Dig. 50. 17. 151. NEMO DARE POTEST QUOD NON HAb

No one can give who does not possess. Jenk. Cent. Cas. 250. NEMO DE DOMO SUA EXTRAHI DEbet. A citizen cannot be taken by force from his house to be conducted before a judge or to p

SI CONstat curiae quod sit pro una et eadem causa. No man ought to be twice punished, if it appear to the court that it is for one and the same cause. 5 Coke, 61; Broom, Leg. Max.

tus teneri. No one should be retained in a partnership against his will. 2 Sandf. Ch. (N. Y.) 568, 593; 1 Johns, <N. Y.) 106, 114. NEMO DEBET L0CUPLETAR1 EX ALterius Incommode. No

No one should fill two offices. 4 Inst. 100. NEMO EJUSDEM TENEMENT! SIMUL potest esse haeres et dominus. No one can be at the same time heir and lord of the same fief. 1 Reeve, His

No one is an heir to the living. Co. Litt. 22b; 2 Bl. Comqi. 70, 107, 208; Viner, Abr. "Abeyance"; 2 Bouv. Inst. 1694; 1832; 2 Johns. (N. Y.) 36.

No one Is above the law. Lofft, 142. NEMO EX ALTERIUS FACTO PRAEgravarl debet. No man ought to be burdened

No man is bound for the advice he gives. Story, Bailm. § 155. NEMO EX DOLO SUO PROPRIO RELEvetur, aut auxilium capiat. Let no one be relieved or gain an advantage by his own fraud.

No one can declare the law for himself. No one is entitled to take the law into his own hands. Tray. Lat. Max. 366. NEMO MILITANS DEO IMPLICETUR secuiaribus negotiis. No man warrin

No one Is born an artificer. Co. Litt. 97. NEMO PATRIAiVI IN QUA NATUS EST exuere, nee iigeantiae debitum ejurare possit. No man can renounce the country in which he was born, nor

No one can owe to himself. See "Confusion of Rights."

One is not present unless he understands. See "Presence." NEMO PRAESUMITUR ALIENAM POSteritatem suae praetulisse. No one is presumed to have preferred another's posterity to his ow

No one is presumed to give. NEMO PRAESUMITUR ESSE IMMEMOR suae aeternae salutis, et maxime in articulo mortis. No man is presumed to be forgetful of his eternal welfare, and partic

No one is presumed to be bad. NEMO PROHIBETUR PLURES NEGOtiationes sive artes exercere. No one is restrained from exercising several kinds of business or arts. 11 Coke, 64. NEMO PR

FACto, seu defalto. No one is punished unless for some wrong, act, or default. 2 Inst. 287.

ET hoc non sine breve sive libello conventlonali. No one goes to law without an action, and no one can bring an action without a writ or bill. Bracton, 112.

No one is bound to an impossibility. Jenk. Cent. Cas. 7. NEMO TENETUR ARMARE ADVERSArlum contra se. No one is bound to arm his adversary. Wingate, Max. 665.

No one is bound to foretell. 4 Coke, 28; 10 Coke, 55a. NEMO TENETUR EDERE INSTRUMENta contra se. No man is bound to produce writings against himself. Bell, Diet.

No one is bound to betray himself. In other words, no one can be compelled to criminate himself. Broom, Leg. Max. 968.

No one is bound to accuse himself. Wingate, Max. 486; Broom, Leg. Max. (3d London Ed.) 871, 1 Bl. Comm. 443; 14 Mees. & W. 286. NEMO TENETUR SEIPSUM INFORTUnlis et periculis expone

or NEMl (Law Fr.) Not. Nemy come heire, not as heir. Litt. § 3.

The son of a brother or sister, Ambl. 514; 1 Jac. 207, whether such brother or sister be of the whole or only of the half-blood. 22 L. J. Gh. 625; 10 Hare, 63. The Latin nepos, fro

Clear of anything extraneous, with all deductions (such as charges, expenses, discounts, commissions, taxes, etc.) made; after deductions made; clear of all charges; free from expe

The house of commons was so called in the time of Henry VIII.

In pleading. 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

In pleading. A plea by which a defendant denies the right of a widow who sues for and demands her dower in lands, etc., late of her husband, because the husband was not, on the day

In pleading. The name of a plea in an action of account render, by which the defendant affirms that he never was receiver of the plaintiff. 12 Viner, Abr. 183. NE VARIETUR (Lat. th

The state of a nation which takes no part between two or more other nations at war with each other. The strict definition rather imports the duty which a neutral owes to a belliger

A restatement of the cause of action by the plaintiff, with more particularity and certainty, but consistently with the general statement in the declaration. Steph. PI. 241; 20 Joh