Non assumpsit

pi. assumpserunt: did not undertake; the general issue in the action of assumpsit; — infra sex annos: he did not undertake within six years; the plea of the statute of limitations in the action of assumpsit. Non auditur perire volens: he who is desirous to perish is not heard. Non cepit: he did not take; the general issue in replevin, where the action is for the wrongful taking of the property, — putting in issue not only the taking, but the place in which the taking is stated.to have been made. Non compos mentis: not in possession, or not having power of one's mind, or mental faculties; of unsound mind or memory. Non concessit: he did not grant; the name of a plea pleaded by a sti'anger to a deed. Non consentit qai errat: he who mistakes does not consent Non constat: it does not appear; it is not apparent or clear; — quid inde venit: it does not appear what became of it. Non constabat: it did not appear. Non cnlpabilis, non cnl.: not guilty; the general issue in the action of trespass. Non damniflcatus: not damnified or harmed; a plea in an action of debt on an indemnity bond, or bond conditioned to keep the plaintiff harmless. Non debet adduci exceptio ejus rei cujus petitur dissolutio: a plea of the same matter, the dissolution of which is sought [by the action], ought not to be brought forward. Non dedit: v. i Ve dona ^as. Non decipitur qui scit se decipi: he is not deceived who knows himself to be deceived. Non demisit, or dimisit: he did not demise; the name of a plea in an action of debt for rent on a parol lease, denying the demise. Non detinet: he does not detain; the name of the general issue in the action of detinue; the general issue in the action of replevin, where the ac-"* tion is for the wrongful detention only. Non dilferuut qnaj concordant re, tametsi non in verbis iisdem: those things do not differ which agree in substance, though not in the same words. Non efflcit affectus nisi sequatnr effectus: the intention amounts to nothing unless the effect follow. Non entia: things not existent es*. disputandnm contra principia negantem: there is no arguing with one who denies principles. Non est factum: is not his deed; the name of the general issue in debt on bond. Non est inventus: is not found; the name of the return made by a sheriff to a writ of capias; — in baljiva mea: not found in my bailiwick; — in balliva sua: not found in his bailiwick. Non facias malum, ut inde flat bonum: you are not to do evil that good may be or result therefrom. Non fecit: he did not make it; a plea to an action on a promissory note, etc. Non liabuit ingressum nisi per, etc.: he had no entry except through, etc. Non impedit clausula derogatoria, quo minus ab eadem potestate res dissolvantur a qnibus [qua] con- Stituuntur: a derogatory clause [that is, a clause disabling a person to do some future act] does not prevent things or acts from being dissolved by the same power by which the}' were originally made or done. Non impedirit: he did not hinder or disturb; the general issue in quare impedit Non in legendo sed in intelligendo leges consistunt: the laws consist not in being read, but in being understood. Non infregit conventionem: he did not break the covenant; the name of a plea sometimes pleaded in the action of covenant, and intended as a general issue, but a bad plea, as there is no general issue in that action. Non interfui: I was not present. Non jus, sed seisina facit stipitem: not right, but seisin makes a stock. Non licet quod dispendio licet: that which may be [done only] at a loss is not allowed [to be done]. Non memini: I do not remember.

tn pleading, is the general issue in trespass on E F, his attorney, comes and defends the wrong and injury, when, &c. and says, that he did not undertake or promise, in manner and form as the said A B, hath above complained. And of this he puts himself upon the country.” Under this plea almost every matter may be given in evidence, on the ground, it is said, that as the action is founded on the contract, and the injury 1s the non performance of it, evidence which disaffirms the obligation of the contract, at the time when the action was commenced, goes to the gist of the action. Gilb. C. P. 65; Salk. 279; 2 Str. 748; 1 B. & P. 481. Vide 12 Vin. Ab. 189; Com. Dig. Pleader, (2 G 1.)