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Nisi

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

2.

Unless; if not. Nisi prius: unless before, unless sooner, — a term of great antiquity applied to trials of fact by jury and before a single judge, to the court of a judge on circuit, and to various things that belong to that species of trial. Nisi prius clause: a clause at first entered on the record in an action and introduced afterward into the jury process, authorizing the trial of the cause in the county designated. The clause originally was used in the record of continuance, the parties having a day given them in the court above unless before {nisi prius) that day the justices assigned to try the cause should come into the county. Nisi prius court: a court held for the trial of issues ot fact, before a jury and a single judge. Nisi prius record: a record made up for the use of the In English law. Nisi feceris: shouldst thou not do it; Jhe name of a clause in old manorial writs commanding the king's court or officer to do justice, if the lords failed,^ a clause by virtue of which the king's court usurped the jurisdiction of the manorial courts. Nisi prius court, or court of assize and nisi prius: a court composed of two or more commissioners called judges of assize, or assize and nisi prius, who are sent periodically in every year on circuits about the kingdom to try by a jury of the several counties the truth of matters of fact in dispute in the courts of Westminster Hall. Nisi prius writ: the old name of the writ of venire, which originally, in pursuance of the statute of Westm. 2, contained the nisi prius clause. In the Roman law. Nisi convenlssent in mannm viri: unless they should come into the power of a husband; unless they should marry. A phrase applied to women subject to perpetual guardianship until married.