The Cyclopedic Law Dictionary

SED QUOD factum est, insplcitur. Not what is said, but what is done, is to be regarded. Co. Litt. 36; 6 Bing. 310; 1 Mete. (Mass.) 353; 11 Cush. (Mass.) 536. NON REFERT AN QUIS ASS

A nonresident is one who does not reside in or is not a resident of a particular place. One may be a nonresident of the United States or of a state, or of a county, or of any parti

NISI IN causa dotis, et hoc pro favore doti. A minor shall not answer unless in a case of dower, and this in favor of dower. 4 Coke, 71.

Not guilty unless the intent be guilty. 1 Story, Cont. (4th Ed.) 87. NON SANAE MENTIS (Lat.) Ofiunsound mind. Fleta, lib. 6, c. 40, § 1.

Unsound memory; unsound mind. A term essentially law French. See "Memory." NON SOLENT QUAE ABUNDANT VITIare scripturas. Surplusage does not usually vitiate writings. Dig. 50. 17. 9

That which in a written agreement or will is unintelligible,

SED QUID est conveniens considerandum, quia nihil quod inconveniens est licitum. Not only what is permitted, but what is convenient, is to be considered, because what is inconvenie

quam clerlcus mulctatur pro non residentia. A writ prohibiting an ordinary to take a pecuniary mulct imposed on a clerk of the sovereign for nonresidence. Reg. Writs. 59. NON SUBMI

A judgment given against the plaintiff when he is unable to prove his case, or, when he neglects or refuses to proceed to trial, judgment of nonsuit dismisses the action, but does

See "Judgment." NON SUNT LONGA UBI NIHIL EST quod demere possis. There is no prolixity where there is nothing that can be omitted. Vaughan, 138.

WAGER OF LAW OF. The mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time. 31 Eliz. c. 3

EST NERvus sapientae. Not to believe rashly is the nerve of wisdom. 5 Coke, 114.

(Lat. they do not hold together). In pleading. A plea to an action in partition, by which the defendant denies that he holds the property which is the subject of the suit, together

In pleading. A plea in a real action, by which the defendant asserted that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration (1 Mod

The vacation between two terms of a court.

The vacation between term and term, formerly called the time or days of the king's peace.

Neglect to make use of a franchise, privilege, or right. See 23 Pick. (Mass.) 141. NOOK OF LAND (Law Lat. noka, or tity. Blount observes that he had seen an old deed of Sir Walter

nee ad haereditatem paternam vei maternam; si autem ante felonlam generationem fecerit, talis generatio succedit in haeredltate patris vei matris a quo non fuerit fe- Ionia perpetr

NISI ille, qui confirmat, sit In possessionem rel vei Juris unde fieri debe't confirmatio; et eodem less he who confirms is either in possession of the thing itself, or of the righ

LEges imponimus. Not upon words, but upon things themselves, do we impose law. Code, 6. 43. 2. NON VIDENTUR QUi ERRANT CONsentire. He who errs is not considered as consenting. Dig.

QUI jure suo utitur, et ordinaria actione experltur. He is not judged to use force who exercises his own right, and proceeds by 'ordinary action. Dig. 50. 17. 155. 1.

Stock issued without any expressed par value. Fletcher Cyclopedia Corporations, § 3456.

Noysaunee. L. Fr. (from noier, or nuire, to hurt). A nuisance; an act done by one to the injury of another's freehold; an act by which a person is prevented from enjoying his tenem

It is known from its associates. The meaning of a word may be ascertained by reference to the meaning of words associated with it. Broom, Leg. Max. (3d London Ed.) 623; 9 East, 267

QUI NON COGnoscitur ex se. He who cannot be known from himself may be known from his associate. P. Moore, 817; 1 Vent. 225; 3 Term R. 87; 9 East, 267; 13 East, 531; 6 Taunt. 294; 1

In civil law. Persons who have the management and care of hospitals for paupers. Clef Lois Rom. mot "Admin-, istrateurs,"

In Civil Law. One who took notes or draughts in shorehand of what was said by another, or of proceedings in the senate or in a court. One who draughted written instruments, wills,

or NOTARY PUBLIC. An officer appointed by the executive or other appointing power, under the laws of different states, having power generally to attest writings for the purpose of

In English probate practice, notation is the act of making a memorandum of some special circumstance on a probate or letters of administration. Thus, where a grant is made for the

The fourth step of the proceedings in acknowledging a fine, which is only an abstract of the writ of covenant and the concord, naming the parties, the parcel of land, and the agree

This was a note delivered by a master to a party to a cause, who alleged that there was error in law in the record and proceedings, allowing him to bring error. See Com. Law Prac.

A popular name for a promissory note.

A note or minute of the protest, made by the notary, at time of protest on the bill, to be completed or filled out at his leisure. Byles, Bills (5th Ed.) 9.

No form of language used in a writing is necessary in order to comply with the Statute of Frauds, requiring some "note or memorandum" as evidence of a contract not in writing, prov

Words indorsed on a bill of indictment by a grand jury, when they have not sufficient evidence to find a true bill. See "Ignoramus."

In Pleading. The general issue in several sorts of actions of tort. In Criminal Law. The general traverse of the accusation by the accuse'd..

Information, whether actual or presumptive, and whether direct or indirect, respecting a matter of fact. Notice is either (1) actual, consisting of information actually received, o

A notice by defendant to plaintiff that he appears in the action, or by an attorney that he appears for defendant. See "Appearance."

A notice given to a drawer or indorser of a bill, or an indorser of a negotiable note, by a subsequent party, that it has been dishonored either by nonacceptance in the case of a b

A written notice of the entry of judgment required in some states to be given to the judgment debtor to start the running of time to appeal.

See "Lis Pendens."

A notice in writing to the adverse party to an action that a specified motion will be made at a time stated.

A notice given to the drawer or indorser of a bill, or to an indorser of a note, by a prior party, that the bill has been protested for refusal of payment or acceptance. See "Notic

A notice by one party to his adversary that he will bring the cause on for trial at the next term of court.

In the practice of the English high court, either party to an action may call on the other party by notice to admit the existence and execution of any document, in order to save th

Written notice to defendant, requiring him to plead within of a plea. 1 Chit. Archb. Prac. (Prent. Ed.) 221. Notice to plead, indorsed on the declaration, or delivered separately,

In practice. When it is intended to give secondary evidence of a -written instrument or paper which is in the possession, of the opposite party, it is in general, requisite to give

A request by a landlord to his tenant to quit the leased premises, and give possession thereof to the landlord at a time therein mentioned. 3 Wend. (N. Y.) 357; 7 Halst. (N. J.) 99

A term denoting the act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month,

The Scotch form of "notarial" (q. v.). Bell, Diet.

Primarily "notorious" means "generally known and talked of by the public." 151 Mass. 426.

In Scotch law. Open; notorious. A notour bankrupt is a debtor who, being under diligence by horning and capwards found insolvent by court of sessions. Bell, Diet.; Burton, Law of S

In pleading. A plea sometimes u^ed in actions of trover, when the defendant was not possessed of the

In Scotch criminal law. It is a peculiarity of the Scotch jury system in criminal trials that it admits a verdict of "Not proven," corresponding to the Non liquet of the Roman law.

An imposition or duty. See "Antiqua Custuma."

"New counts or tallys." A book of such pleadings as were then in use, published in the reign of Edw.

New statutes. A term including all statutes passed in the reign of Edw. III. and subsequently.

The substitution of a new obligation for an old, which is thereby extinguished. 57 Wis. 534. The term Is of civil law origin, and is rarely used in the common law. Novation is of t

A novation is not presumed. Halk. Max. 104.

See "New Assignment."

See "Assize of Novel Disseisin."

The Ordinances of Emperor Leo, which were made from the year 887 till the year 893, are so called. These Novels changed many rules of the Justinian law. This collection contains on

or NOVELLAE CONSTITUtiones. In civil law. The name given to the constitutions or laws of Justinian and his immediate successors, which were promulgated soon after the Code of Justi

In Saxon law, A pecuniary satisfaction for an injury, amounting to nine times the value of the thing for which it was paid. Spelman.

Span. (Latest compilation). The title of a collection of Spanish law compiled by order of Don Carlos IV. in 1805. 1 White's Recop. 355. NOVITAS NON TAM UTILITATE PROdest quam novit

or NOVITER ad notitiam perventa. In ecclesiastical procedure. Facts "newly come" to the knowledge of a party to a cause. Leave to plead facts noviter perventa is generally given, i

See "Actio Noxalls." NOXIA (Lat.) In the civil law. An offense committed or damage done by a slave. Inst. 4. 8. 1. NUBILIS (Lat.) In civil law. One who is of a proper age to be mar

The injury (i. e., liability t» make good an injury caused by a slave) follows the head or person, i. e., attaches to his master. Heinec. Elem. Jur, Civ. lib. 4, tit. 8, § 1231.

Naked. Figuratively, this word is applied to various subjects. ' A nude contract, nudum pactum, is one without a consideration. Nude matter is a bare allegation of a thing done, wi

A contract made without consideration. See "Consideration." It is a mere agreement, without the requisites necessary to confer upon it a legal obligation to perform. In the Roman L

Span. The title of a code of Spanish law, promulgated in the year 1567. Schmidt's Civ. Law, Introd. 79-81.

A nuisance is anything that unlawfully worketh hurt, inconvenience, or damage. 3 Bl. Comm. 216. Any offensive erection, which, from its nature, may be an annoyance, and from its si

ASSISE OF. See "Assize of Nuisance."

No; none. A law French negative particle, commencing many phrases. NUL AGARD (Law Fr. no award). In pleading. A plea to an action on an arbitration bond, when the defendant avers t

NUL VENTE, NE NUL done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, sc del droit de possession et del droit de propertie. No grant, no sale, n

In pleading. No disseisin. A plea in a real action, by which the defendant denies that there was any disseisin. It is a species of the general issue. NUL NE DOIT S'ENRICHIR AUX DEp

Properly, that which does not exist; that which is not in the nature of things. In a figurative sense, it signifies that which has no more effect than if it did not exist. 8 Tou Ui

NULLA SCIENTIA, locum suum et dignitatem conservare potest sine modestia. Without modesty, no virtue, no knowledge, can preserve its place and dignity. Co. Litt. 394.

There is no rule without a fault.

No NULLI ENIM RES SUA SERVIT JURE servitutis. No one can have a servitude over his own property. Dig. 8. 2. 26; IT Mass. 443; 2 Bouv. Inst, note 1600.

An act or proceeding which has absolutely no legal eflfect whatever. See Chit. Cont. 228. NULLIUS FILIUS (Lat.) The son of no one; a bastard. NULLIUS HOMINIS AUCTORITAS apud nos va

In old English law, Of no legal force. Fleta, lib. 2, c. 60, § 24. NULLUM ARBITRIUM (Lat.) In pleading. The name of a plea to an action on an arbitration bond for not fulfilling th

Nothing which is like another is the same, i. e., no likeness is exact identity. 2 Story, C. C. (U. S.) 512; Story, Partn. 90; Co. Litt. 3a; 2 Bl. Comm. 162. NULLUM SIMILE EST IDEM

St. 3 Geo. III. c. 16. See 32 Geo. III. c. 58, and 7 Wm. III. c. 3. It was so called because the right of the crown to sue, etc., was limited by it to sixty years, in contradiction

Lapse of time does not bar the right of the crown. 2 Inst. 273; 1 Bl. Comm. 247; Broom, Leg. Max. (3d London Ed.) 62; Hob. 347; 2 Steph. Comm. 504; 1 Mass. 355; 2 Brock. C. C. (U.

ubi alia actio subest. Where another form of action is given, no one ought to sue in the action de dolo. 7 Coke, 92. NULLUS DICITUR ACCESSORIUS post feloniam sed ille qui novit pri

No such corporation exists. The form of a plea denying the existence of an alleged corporation. NUL TIEL RECORD (Fr. no such record). In pleading. A plea which is proper when it is

In pleading. The general issue in an action of waste. 3 Inst. 700a, 708a. The plea of nul waste admits nothing, but puts the whole declaration in issue; and in support of this plea

A collection of units. NUMERATA PECUNIA (Lat.) In civil law. Money counted or paid; money given in payment by count. L. 3, 10, C. de non numerat. pecun.; Vicat. NUMMATA TERRAE (Law

In civil law. A formal proclamation or protest. It may be by acts (realis) or by words. Mackeld. Civ. Law, § 237. Thus, nunciatio novi operis was an injunction which one man could

The name given to the pope's ambassador. Nuncios are ordinary or extraordinary; the former are sent upon usual missions, the latter upon special occasions.

In international law. A messenger; a minister; the pope's legate, commonly called a "nuncio."

To declare publicly and solemnly.

An oral will, declared by a testator, in extremis, before witnesses, and afterwards reduced to writing. 4 Kent, Comm. 576; 2 Bl. Comm. 500; 1 Jarm. Wills (Perkins Ed.) 130-136. See

Therei is no fiction without law, NUNQUAM INDEBITATUS (Lat. never indebted). In pleading. A plea to an action of indebitatus assumpsit, by which the defendant asserts that he is no

or NUNCIUS. In old English practice. One who made excuse for absence of one summoned; an apparitor, beadle, or sergeant. Cowell. A messenger or legate, e. g., pope's nuncio. Jacob.

Of or pertaining to the tal relation.

consensus facit. Not cohabitation, but sent, makes the marriage. Dig. 50. 17.,1 Bouv. Inst, note 239; Co. Litt. 33.

The rearing and care of Jur. NUSANCE. The old form of "nuisance." Eng. Hale, Anal. § xlii.

NUTANDER, oi- NUICtander (Law Pr.) By night. Ou nutauntre mari- ou de jour, by night or by day. Britt. c. 47; Y. B. P. 10 Edw. IIL 37.