Non feasance

The non-performance of some act which ought to be performed. When a legislative act requires a person to do a thing, its non-feasance will subject the party to punishment: as, if a statute require the supervisors of the highways to repair such highways, the neglect to repair them may be punished. See 1 Russ. Cr. 48; Mandatum. NON FECIT (Lat. he did not make it). The name of a plea, for example, in an action of assumpsit on a promissory note. 3 M. & G. 446. Rarely used. NON FECIT VASTUM CONTRA PRO- H IBITI ON EM (Lat. he did not commit waste against the prohibition). The name mit waste contrary to the prohibition. 2 Bla. Com. 226. NON IMPEDIVIT (Lat. he did not impede). The plea of the general issue in quare impedit. 3 Bla. Com. 305; 3 Woodd. Lect. 36. In law French, ne disturba pas. NON IMPLACITANDO ALIQUEM DE

torts, contracts, is the non performance of some act which ought to be performed. When a legislative act requires a person to do a thing, its non feasance will subject the party to punishment; as, if a statute require the supervisors of the highways to repair such highways, the neglect to repair them may be punished. Vide 1 Russ. on Cr. 48. There is a difference between non-feasance and misfeasance, (q. v-) or malfeasance, (q. v.) Vide 2 Kent, Com. 443; Story on Bailm. § 9, 165; 2 Vin. Ab. g5; 1 Hawk. P. C. 13.