Night Walkers

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 it is said that private persons may also do so. 2 Hawk. P. C. 120. Women walking up and down the streets to pick up men. 3 Taunt. 14, 15. See Hammond, N. P. 135; 15 Viner, Abr. 555; Dane, Abr. Index. NIGRUM NUNQUAM EXCEDERE DEbet rubrum. The black should never go beyond the red; i. e., the text of a statute should never be read in a sense more comprehensive than the rubric, or title. Tray. Lat. Max. 373.

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. In many of the states there arc statutes against this practice; 1 Bish. Cr. L. § 501, n. See State v. Dowers, 45 N. II. 543. Watchmen may undoubtedly arrest them; and it is said that private persons may also do so; 2 Hawk. PI. Cr. 120. But see 3 Taunt. 14; Hamm. N. P. 135. See 4 Steph. Com. 227. NIHIL CAPIAT PER BREVE (Lat. that he take nothing by his writ). The form of judgment against the plaintiff in an action, either in bar or in abatement. When the plaintiff has commenced his proceedings by bill, the judgment is nihil capiat per billam. Co. Litt. 363. NIHIL DICIT (Lat. he says nothing). The name of the judgment rendered against a defendant who fails to put in a plea or answer to the pla in tiff’s declaration by the day assigned. In such a case, judgment is given against the defendant of course, as he says nothing why it should not. See 15 Viner, Abr. 556; Dane, Abr. index. NIHIL EST (Lat. there is nothing). A form of return made by a sheriff where he has been unable to serve the writ. “Although non est inventus is the more frequent return in such case, yet it is by no means so full an answer to the command of the writ as is the return of nihil. That amounts to an averment that the defendant has nothing in the bailiwick; no dwellinghouse, no family, no resi4ence; and no personal presence to enable the officer to make the service required by the act of assembly. It is, therefore, a full answer to the exigency of the writ.” Sherer v. Bank, 33 Pa. 139. NIHIL HABET (Lat. he has nothing). The name of a return made by a sheriff, marshal, or other proper officer, to a scire facias or other writ, when he has not been able to serve it on the defendant. Sullivan v. Johns, 5 Whart. (Pa.) 367. Two returns of nihil in proceedings in ram are, in general, equivalent to a service; Yelv. 112; Curnming v. Eden’s Devisees, 1 Cow. (N. Y.) 70; Colley v. Latimer, 5 S. & NIL DEBET (Lat he owes nothing). The general issue in debt on simple contract. Gould. PI. 284. It is in the following form: “And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, etc., and says that he does not owe the said sum of money above demanded, or any part thereof, in manner and form as the said A B hath above complained. And of this the said O D puts himself upon the country.” When, in debt on specialty, the deed is the only inducement to the action, the general issue is nil debet. Steph. PL 174, n.; Bullis v. Giddens, 8 Johns. (N. Y.) 83. In English practice, by rule 11, Trinity Term, 1853, the plea of nil debet was abolished; 2 Chitty, PI. 275.

Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night. Persons who prowl about at night, and are of a suspicious appearance and behavior. Persons whose habit is to be abroad at night for the purpose of committing some crime or nuisance or mischief or disturbing the peace; not now generally subject to the criminal laws except in respect to misdemeanors actually committed, or in the character of vagrants or suspicious persons. See Thomas v. State, 55 Ala. 260; State v. Dowers, 45 N. H. 543.

In a narrower sense, a night walker is a prostitute who walks the streets at night for the purpose of soliciting men for lewd purposes. Stokes v. State, 92 Ala. 73, 9 South. 400, 25 Am. St. Rep. 22; Thomas v. State, 55 Ala. 260. Defined under Night in Black's Law Dictionary.

Described in the atatute 5 Edw. III. ec. 14, as persons who sleep by day and walk by night. Persons who prow] about at night, and are of a suspicious appearance and behavior. Nigrum nunqguam excedere debet rubrum. The black should never go beyond the red, [é. e. the text of a statute should never be read in a sense more comprehensive than the rubric, or title.] Tray. Lat. Max. 373.

are described to be persons who sleep by day and walk by night, 5 E. 3, c. 14; that is, persons of suspicious appearance and demeanor, who walk by night. Watchmen may undoubtedly arrest them, and it is said that private persons may also do so. 2 Hawk. P. C. 120; but see 3 Taunt. 14; Ham. N. P.135. Vide 15 Vin. Ab. 555; Dane’s Ab. Index, h. t.