Non Bis In Idem

In civil law. A phrase which signifies that no one shall be twice tried for the same offense; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried. Code, 9. 2. 9. 11; Merlin, Repert. See "Jeopardy." NON CEPIT MODO ET FORMA (Lat. he did not take in manner and form).

In pleading. The plea which raises the general issue in an action of replevin. Its form is: "And the said C. D., by E. P., his attorney, comes and defends the wrong and injury, when, etc., and says that he did not take the said cattle (or, goods and chattels, according to the subject of the action) in the said declaration mentioned, or any of them, in manner and form as the said A. B. hath above complained. It denies the taking the things, and having them in the place specified in the declaration, both of which are material in this action. Steph. PI. 183, 184; 1 Chit. PI. 490. NON COMPOS MENTIS (Lat. not of sound mind, memory, or understanding). A generic term, including all the species of madness, whether it arise from idiocy, sickness, lunacy, or drunkenness. Co. Litt. 247; 4 Coke, 124; 1 Phil. 100; 4 Comyn, Dig. 613; 5 Comyn, Dig. 186; Shelf. Lun. 1. See "Idiocy;" "Insanity." NON CONCEDANTUR CITATIONES PRIusquam exprimatur super qua re fieri decet citatio. Summonses or citations should not be granted before it is expressed upon what ground a citation ought to be issued. 12 Coke, 47. NON CONCESSIT (Lat. he did not grant).

In English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent the rights which he claims as a concession from the ^ing; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant may deny that the crown has granted him such a right. It does not deny the grant of a patent, but of the patent as described in the plaintiff's declaration. 3 Burrows, 1544; 6 Coke, 15b.

In Civil Law. A phrase which signifies that no one shall be twice tried for the same offence: that is, that when a party accused has been once again be tried. Code 9. 2. 9. 11; Merlin, Report. See Jeopardy. NON CEPIT MODO ET FORMA (Lat. he did not take in manner and form). The plea which raises the general issue in an action of replevin; or rather which involves the principal part of the declaration, for, properly speaking, there is no general issue in replevin; Morris, Repl. 142. Its form is, “And the said O D, by E P, his attorney, comes and defends the wrong and injury, when, etc., and says that he did not take the said cattle (or, goods and chattels, according to the subject of the action) in the said declaration mentioned, or any of them, in manner and form as the said A B hath above complained. And of this the said C D puts himself upon the country.” It denies the taking the things and having them in the place specified in the declaration, both of which are material in this action. Steph. PI., Andr. ed. 239, n.; 1 Chitty, PI. 490.

civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried. Code 9, 2,9 & 11. Merl. Répert. h. t. Vide art. Jeopardy. NON CEPIT MODA ET FOR- MA, in pleading, is the general issue in replevin. Its form is, “ And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c. and says, that he did not take the said cattle, (or ‘“‘ goods and chattels,” according to the subject of the action,) in the said declaration mentioned, or any of them, in manner and form as the said A B hath above complained. And of this the said C. D. puts himself upon the country.” This issue applies toa case where the defen. dant has not, in fact, taken the cattle or goods, or where he did not take them, or have them in the place mentioned in the declaration. The declaration alleges that the deplace called,” &c.; and the general issue states, that he did not take the said cattle or goods, “in manner and form as alleved;” which involves a denial of the taking, and of the place in which the taking was alleged to have-been, the place being a material point in this action. Steph. Pl. 183, 4; 1 Chit. Pl. 490.