The Cyclopedic Law Dictionary

A term used in the law of insurance in cases of adjustment of a loss when it has been but partial. In making such adjustment, the rule is to apply the old materials towards the pay

An inn of chancery. See "Inns of Chancery."

Proof of some new material fact in a case, ascertained since the decision. To constitute such newly-discovered evidence as is ground for a new_ trial, the evidence must be new and

In pleading. Matter extrinsic to the matter in the pleading to which the party introducing the same answers or replies. 7 Hun (N. Y.) 482. Facts different from those alleged in the

A contract made after the original promise has, for some cause, been rendered invalid, by which the promiser agrees to fulfill such original promise. Britain A. D. 1752, the 3d of

A printed publication, Issued in numbers at stated intervals, conveying intelligence of passing events. The term "newspaper" is commonly applied to such publications only as are is

In practice. A rehearing of the legal rights of the parties, upon disputed facts, before another jury, granted by the trial court, or a reviewing on application of the party dissat

In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a verdict in place of a nonsuit, or for entering ju

In the civil law. An edifice or other work newly commenced on any ground whatever. Civ. Code La. art. 852.

Next is only an abbreviation of the word "nearest." 1 Coll. C. C. 9; 13 L. J. Ch. 147; 36 L. J. Ch. 793; L. R. 4 Eq. 359. It means nearest or nighest; not in the sense of propinqui

One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person not sui juris. Same as prochein ami (q. v.)

The next of kin of a deceased person are his nearest blood relatives. It has been held that the next of kin included all blood relatives who took under the statute of distribution

An old form of nihil (g, v.)

The daughter of a brother or sister. Ambl. 514; 1 Jac. 207.

In old English law. A woman born in vassalage. NIENT (Law Fr.) Nothing; not; null. NIENT COMPRISE (Law Fr. not Included). An exception taken to a petition because the thing desired

In old pleading. Not seised. The general plea in the writ of annuity. Crabb, Hist. Eng. Law, 424.

The black book of register in the exchequer; chartularies of abbeys, cathedrals, etc.

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 which, by its light, th

A constable of the night; the head of a watch house.

Persons who sleep by day and walk by night (5 Edw. III. c. 14); that is, persons of suspicious appearance and demeanor, who walk by night. Watchmen may undoubtedly arrest them; and

NICHIL, or NIL (Lat.) Nothing. In Practice. A return made by a sheriff to a writ of scire facias, that the bail or defendants have nothing (nihil habent)_ by A return formerly made

He gives nothipg who has nothing. NIHIL DE RE ACCRESCIT El QUI NIHIL in re quando jus accresceret habet. Nothing accrues to him who, when the right accrues, has nothing in the subj

The court has nothing to do with what is not before it.

eandem rem diverso jure censerl. Nothing in law is more intolerable than that the same case should be subject (in different courts) to different views of the law. 4 Coke, 93. NIHIL

Nothing wicked is to be presumed. 2 P. Wms. 583. NIHIL PERFECTUM EST DUM ALIQUID restat agendum. Nothing is perfect while something remains to be done. 9 Coke, 9. NIHIL PETI POTEST

QUAM EO genere quidque dissolvere, quo colligatum est. Nothing is so natural as that an obligation should be dissolved by the same principles which were observed in contracting it.

Nothing should be rashly changed.' N. Jenk. Cent. Cas. 163. NIMIA CERTITUDO CERTITUDINEM IPsam destruit. Too great certainty destroys certainty itself. Lofft, 244. NIMIA SUBTILITAS

VERITAS amittitur. By too much altercation, truth is lost. Hob. 344.

A thief; a pilferer. NISI (Lat. unless). A word frequently affixed to the words "order," "rule," etc., to indicate that such order or rule is conditional, being operative unless th

In practice. The transcript of a case made from the record of the superior court in which the action is commenced, for use in the nisi prius court. It includes a history of all the

The old name of the writ of venire, which originally, in pursuance of the statute of Westminster II., contained the nisi prius clause. Reg. Jud. 28, 75; Cowell. The clause, however

The name of a plea to an action or award. 2 Ala. 520; 1 N. Chip. (Vt.) 131; 3 Johns. (N. Y.) 367.

In Scotch law. An equitable power of the court of sessions, by which it is able, to a certain extent, to give relief when none is possible at law. Stair, Inst. bk. 4, tit. 3, § 1;

SUPERIOR et inferior. There are two sorts of nobility,— ^the higher and the lower. 2 Inst. 583.

A division of the civil state, comprising persons exalted to some title or dignity. It is the opposite of "commonalty," and in England includes dukes, marquises, earls, viscounts,

Words frequently indorsed on a bill of indictment by the grand jury when they have not sufficient cause for finding a true bill. They are equivalent to "Not found," or "Ignoramus"

By night. An abolished writ which issued out of chancery, and returned to the queen's bench, for the prostration of inclosures, etc. NOCTES and NOCTEM DE FIRMA. Entertainment of me

In practice. An en try made on the record, by which the prose, cutor or plaintiff declares that he will proceed no further. It was formerly used in both civil and criminal proceedi

I will not contend. A plea to an indictment on which the defendant might be sentenced, but which did not estop him in a civil proceeding for the same cause. NOIVIEN (Lat.) in Civil

A name is, as it were, the note of a thing. 11 Coke, 20. NOMEN GENERALE (Lat.) A general name; the name of a genus. Fleta, lib. 4, c. 19, § 1. NOMEN GENERALISSIMUM (Lat.) A most un

A name of the law; a legal name or designation; a technical legal term. 2 Swinton, 429. NOMEN NON SUFFICIT SI RES NON sit de jure aut de facto. A name does not supce if the thing d

Existing in name only; formal, and not substantial.

In practice. A trifling sum awarded where a breach of duty or an infraction of the plaintiff's right is shown, but no serious loss is proved to have been sustained. See "Injuria Ab

One who Is apparently or ostensibly a member of a firm, but who is not really so. The term "ostensible partner" has been used in the sense of nominal partner (67 Tex. 383), but it

Such as are apparently partners, but really are not. General Partners. Those members of a limited partnership whose liability is not limited by special agreement. Special Partners.

One who Is named as the plaintiff in an action, but who has no interest in it, having assigned the cause or right of action to another, for whose use it is brought. NOMINARE (Lat.

RES AUtern immoblles. Names are mutable, but things immutable. 6 Coke, 66.

Names are the notes of things. 11 Coke, 20.

Names are the symbols of things. NOMINA VILLARUM (Lat.) Names of the villages. The name of a return made names of all the villages and their possessors in every county. Cowell; Blo

To appoint. Applied in this sense to the designation by a person of one to act as fiduciary or personal representative. Thus it is the customary term in designating the executor by

A contract distinguished by a particular name, the use of which name determines the rights of all the parties to the contract; as, purchase and sale, hiring, partnership, loan for

A mode of obtaining a panel of special jurors in England, from which to select the jury to try a particular action. The proceeding solicitors. Numbers denoting the persons on the s

One who has been nominated. See "Nominate."

(1) A collection of canons and imperial laws relative or conformable thereto. The first nomocanon was made by Johannes Scholasticus in 554. Photius, patriarch of Constantinople, in

One who writes on the subject of laws.

A treatise or description of laws.

A lawgiver; such as Solon and Lycurgus among the Greeks, and Caesar, Pompey, and Sylla among the Romans.,Calv. Lex. NON (Lat.) Not; no. NON ACCEPTAVIT (Lat. he did not accept). In

The nonexistence of sexual intercourse between a husband and wife is generally expressed by the words "nonaccess of the husband to the wife;" which expressions, in a case of bastar

By this term is understood that period of life from the birth till the arrival of twenty-one years. In another sense, it means under the proper age to be of ability to do a particu

or NONAGE. A ninth part of movables which was paid to the clergy on the death of persons in their parish, and claimed on pretense of being distributed to pious uses. Blount.

quam secundum quod se habet condemnatio. A person may not be punished differently than according to what the sentence enjoins. 3 Inst. 217. NON ALITER A SIGNIFICATIONE VERborum rec

A discontinuous easement. See "Apparent Easement."

(Lat. he has not undertaken within six years). In pleading. The plea by which, when pleadings were in Latin, the defendant alleged that the obligation was not undertaken and the ri

One who wishes to perish ought not to be heard. Best, Ex. § 385.

In civil law. A phrase which signifies that no one shall be twice tried for the same offense; that is, that when a party accused has been once tried by a tribunal in the last resor

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, a neglect to make such claim within a year and

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

He who errs does not consent. 1 Bouv. Inst, note 581; Bracton, 44. NON CONSTAT (Lat. it does not appear). Words frequently used, particularly in argument, to express dissatisfactio

A nonapparent or discontinuous easement. See "Apparent Easement."

He gives NON DEBEO MELIORIS CONDITIONIS esse, quam auctor meus a quo Jus in me transit. I ought not to be in better condition than he to whose rights I succeed. Dig. 50. 17. 175. 1

CUI PLUS LICET, QUOD minus est, non licere. He who is permitted to do the greater may vdth greater reason do the less. Dig. 50. 17. 21; Broom, Leg. Max. (3d London Ed.) 165. NON DE

QUOD reo non permittitur. That which is not permitted to the defendant ought not to be to the plaintiff. Dig. 50. 17. 41. NON DECET HOMINES DEDERE CAUSA non cognita. It is unbecomi

QUOD INter alios actum est. A person ought not to be prejudiced by what has been done between others. Dig. 12. 2. 10. NON DEBET ALTERI PER ALTERUM iniqua conditio inferri. A burden

In pleading. The general issue in formedon. See "Ne Dona Pas, Non Debit." NON DEFINITUR IN JURE QUID SIT conatus. What an attempt is, is not defined in law. 6 Coke, 42. NON DEMISIT

ETSl SPECIALITER venditor evictionem non promlserit, re evicta, ex empto competere actionem. It is certain that, although the vendor has not given a special guaranty, an action ex

ALIA Athenis; alia nunc, aiia posthac; sed et omnes gentes, et omni tempore, una iex, et sempiterna, et immortaiis continebit. There will not be one law at Rome, another at Athens;

In the Roman calendar. The fifth, and, in March, May, July, and October the seventh, day of the month. So called because, counting inclusively, they were nine days from the Ides. A

QUOD cognitio accessorii in curia christianitatis impediatur, ubi cognitio causae principalis ad forum ecclesiasticum noscitur pertinere. It is unreasonable that the cognizance of

There is no rule but what may fail. Off. Exec. 212.

quod per magistratum publice possit fieri, ne occasio sit majoris tumultus faciendi. That is not to be conceded to private persons which can be publicly done by the magistrate, les

sed ex communi usu, nomina exaudiri debent. Names of things ought to be understood according to common usage, not according to the opinions of individuals. Dig. 33. 10. 7. 2.

UT INDE VEniat bonum. You are not to do evil that good may come of it. 11 Coke, 74a. NON FECIT (Lat. he did not make it). The name of a plea, for example, in an action of assumpsit

The neglect or failure of a person to do some act which he ought to do. The term is not generally used to denote a breach of contract, but rather the failure to perform a duty towa

I was not present. A reporter's note. T. Jones, 10.

In English law. A clause of a charter of a municipal borough, whereby the borough is exempted from the jurisdiction of the justices of the peace for the county.

QUANDO BREve praecipe in capite subdole impetratur. A writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under color of entitling the kin

Those upon which a decision would not determine the action upon the merits, as a plea in abatement. 1 Chit. Archb. Prac. (12th Ed.) 249.

Omission of a necessary or proper party. See "Joinder."

Not judicial. See "Dies Non."

In English law. Persons who refuse to take the oaths, required by law, to support the government. See 1 Ball. (Pa.) 170.

SED REGULA ex jure. The law does not arise from the rule, or maxim, but the rule from the law. Tray. Lat. Max. 384.

NON LIQUET (Lat. it is not clear). In civil law. Words by which the judges (jmdices) in a Roman trial were accustomed to free themselves from the necessity of deciding a cajise whe

An ancient writ addressed to justices of assize, to inquire whether the magistrates of a town sold victuals in gross or by retail during the time of their being in office, which wa

A writ that lay tor a person who was molested contrary to the king's protection granted to him. Reg. Orig. 184.

ET NATUM MORI, PARIA sunt. Not to be born, and to bfe dead bom, are the same. NON OBLIGAT LEX NISI PROMULgata. A law is not obligatory unless it be promulgated.

INFERTUR adnullatio actus. When the form is not observed, it is inferred that the act is annulled. 12 Coke, 7.

In English law. These words, which literally signify "notwithstanding," are used to express the act of the English king by which he dispenses with the law, that is, authorizes its

Notwithstanding the verdict. See "Judgment" NON OFFICIT CONATUS NISI SEQUAtur effectus. An attempt does not harm unless a consequence follow. 11 Coke, 98. NON OMITTAS (Lat. more fu

In old English law. A neglect to replevin land taken into the hands of the king upon default, within fifteen days, by which seisin was lost, as by default. Heugh. de Magna Charta,

An abbreviation of non prosequitur, he does not pursue. Where the plaintiff, at any stage of the proceedings, fails to prosecute his action, or any part of it, in due time, the def