new

This term in its ordinary acceptation, when applied to the same subject or object, is the opposite of old. Pollard v. Kibbe, 14 Pet. (U. S.) 364, 10 L. Ed. 490.

As an element in numerous compound terms and phrases of the law, this word may denote novelty or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin or character of one thing with the corresponding attributes of another thing of the same kind or class.

— New and useful. The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the condition of having been previously unknown, and practical utility. See In re Gould, 1 MacAr-thur (D. C.) 4lO; Adams v. Turner, 73 Conn. 38, 46 Atl. 247; Lowell v. Lewis, 1 Mason, 182, Fed. Cas. No. 8,568.

— New assets. In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the expiration of the time when, by statute, claims against the estate are barred so far as regards recourse against the assets with which he was originally charged. -See Littlefield v. Eaton, 74 Me. 521; Chenery v. Webster, 8 Allen (Mass.) 77; Robinson r. Hodge, 117 Mass. 222; Veazie v. Marretti 6 Allen (Mass.) 372.

— New assignment. Under the common-law practice, where the declaration in an action is ambiguous, and the defendant pleads facis which are literally an answer to it, but not to the real clnim set up by the plaintiff, the plaintiff's course is to reply by way of new assignment; i. e., allege that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea has no application. 3 Steph. Comm. 507; Sweet. See Bishop v. Travis, 51 Minn. 183, 53 N. W. 461.

— New cansc of action. With reference to the amendment of pleadings, this term may refer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to be entitled under the same state of facts, or it may embrace both features. Love v. Southern R. Co., 108 Tenn. 104, 65 S. W. 475, 55 In R. A. 471. See Nelson v. First Nat. Bank, 139 Ala. 578, 36 South. 707, 101 Am. St. Rep. 5(2.

— New for old. In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance. 3 Kent, Comm. 339.

— New Inn. Ah inn of chancery. See Inns of Chancery.

— New matter. In pleading. Matter of fact not previously alleged by either party in the pleadings.

— New promise. See Promise.

— New. style. The modem system of computing time was introduced into Great Britain A. D. 1752, the 3d of September of that year being reckoned as the 14th.

— New trial. See Trial.

— New works. In the civil law. By a new work is understood every sort of edifice or other work which is newly commenced on any ground whatever. When the ancient form of work is changed, either by an addition being made to it or by some part of the ancient work being taken away, it is styled also a "new work." Civ. Code La. art. 856.-

— New Year's Day. The first day of January. The 25th of March was the civil and legal New Year's Day, till the alteration of the style in 1752, when it was permanently fixed at the ist of January. In Scotland the year was, by a proclamation, which bears date 27th of November, 1599, ordered thenceforth to commence in that kingdom on the ist of January instead of the 25th of March. Enc. Lond.

1. Applied to the same subject or object, stands opposed to old, as in " new patent: " more or less efficacious, or possessing new properties by a combination with other ingredients, not from a mere change of form produced by mechanical division.' See Novelty. 2. In technical phrases, varies only slightly,, if at all, from the popular signification: as, in new — acknowledgment, assets, assignment, buildings, evidence or proofs, matter, parties, promise, trial, qq. v. Of. Renew. !N"e"w for old. In adjusting losses in marine insurance, the rule has been to apply the old materials toward paying for new, on a valuation of one-third for the old. 2 See Building; Restitutio, 2. ETewly discovered evidence. See Discovery, 3.

Occurs in some technical phrases. New assets, in the Mass. administration laws, does not include proceeds of sales of a patent right which was an item New assignment. In many actions the plaintiff, who hath alleged in his declaration a general wrong, may in his replication, after an evasive plea by the defendant, reduce that general wrong to a more particular certainty, by assigning the injury afresh with all its specific circumstances, in such a manner as clearly to ascertain and identify it, consistently with his general complaint; which is called a new or novel assignment. Jacobt New assignment is a form of pleading which sometimes arises from the generality of the declaration, when, the complaint not having been set out with sufficient precision, it becomes necessary, from the evasiveness of the plea, to reassign the cause of action with fresh particulars. It is used when a defendant has pleaded to a different matter from that which constitutes the real subject of complaint, and should be framed so as to distinguish the true ground of action from that which is covered by the plea. As the object of a new assignment is to correct a mistake occasioned by the generality of a declaration, it always occurs in answer to a plea, and is, therefore, in the nature of a replication. Wharton. From the very general terms in which declarations have been allowed to be framed, the defendant is sometimes not sufficiently guided to the real cause of complaint, and is in consequence led to apply his plea to a different matter from that which the plaintiff had in view. In such cases, a plaintiff is obliged to resort, in his replication, to a mode of pleading termed a new assignment, for the purpose of setting the defendant right. A new assignment, as the phrase imports, is an instrument in which the plaintiff assigns afresh his ground of complaint with more certainty and particularity than he had previously done in the declaration, and distinguishes the true ground of complaint from that which the defendant in his plea had assumed it to be. Brawn. In former common-law pleading, new assignment signified a species of reply by the plaintiff to a defendant's plea, by which the plaintiff alleged that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea pleaded was irrelevant. This might arise in two ways: Wliere the plaintiff complained of one of several trespasses in a form so general that the declaration was applicable to any of them, and a trespass in respect of which the action was not brought was (by mistake or design) justified by the defendant; or where the defendant pleaded a justification of the trespass complained of, and the plaintiff maintained that there had been an excess beyond what the circumstances justified, or that the trespass was not, in fact, justifiable in the way set up by the defendant. (Lush Pr. 483; Kerr Act. Law.) assignment shall hereafter be necessary or used. But every thing which has heretofore been alleged by way of new assignment may hereafter be introduced by amendment of the "statement of claim." Mozley Sr W. New trial. A second or other trial, granted because of some objection established to the course or results of the trial first had of a cause. This is often obtained as the result of a reversal on appeal or writ of error. The phrase is more frequently used in reference to the practice of the courts, particularly those holding jury trials, to revise the proceedings and verdict, upon a motion before a single judge, and to grant a nevr trial upon good ground shown therefor, without putting the aggrieved party to the delay and expense of appeal or error. This forms an important head in procedure. The grounds for which new trials are chiefly granted, upon these motions, are such as the following: That the judge misdirected the jtiry on a point of law; that he admitted or rejected evidence improperly; that he improperly discharged the jury; that he refused to amend the record when an amendment ought to have been made; that the defendant did not receive due notice of trial; that the successful party misbehaved to the prejudice of the defeated one; that the jury, or any of them, have misbehaved, as by drawing lots for the verdict; that the damages are excessive; that the damages are too slight; that the verdict was obtained by a surprise; that the witnesses for the prevailing side are manifestly shown to have committed perjury; that the verdict was against the weight of evidence; that new and material evidence has come to light since the trial. And in some jurisdictions a second trial of certain issues may be demanded of right, without impeachment of the first. There is a jurisdiction of equity to decree a new trial of an action at law, but it is, in modern practice, very sparingly exercised. A new trial is not quite the same thing as a venire de novo, which is a much more ancient proceeding. {3 Bl. Com. 387, 388; see alsQ 393, note by Coleridge; 3 Sieph. Com. usage of the commercial world, a newspaper is defined to be a pub Ucation in numbers, consisting commonly of single sheets, and published at short and stated intervals, conveying intelligence of passing events. 4 Op. Att.-Gen. 10. The "Chicago Legal News," published in Chicago, although devoted prineipalljyj, to legal intelligence, is a newspaper inT which notices required by statute or the ' order of courts may be published, and comes within the Illinois statutory definition of a newspaper, for the publication of legal notices. Kerr v. Hitt, 75 111. 51.