Non Obstante

In English law. These words, which literally signify "notwithstanding," are used to express the act of the English king by which he dispenses with the law, that is, authorizes its violation. He cannot by his license or dispensation make an offense dispunishable which _ is malum in se; but in certain matters which are mala prohibita he may, to certain persons and on special occasions, grant a non obstante. Vaughan, 330-359; Lev. 217; Sid. 6, 7; 12 Coke, 18; Bac. Abr. 'Trerogative" (D 7). See "Judgment."

In English Law. These words, which literally signify not withstanding, were used to express the act of the English king by which he dispensed with the law, that is, authorized its violation. He would by his license or dispensation make an offence dispunishable which was malum in se; but in certain matters which were mala prohibita he could, to certain persons and on special occasions, grant a non obstante. Vaugh. 330; 12 Co. 18; Paeon, Abr. Prerogative (D 7); 2 Reeve, Eng. C. L. 8, p. 83. That the crown might, by the royal prerogative, make a sheriff without the election of the judges, non obstante aliquo statuto in contrarium, was held in Dyer 225, but the whole doctrine was abolished by the Pill of Rights.

Lat. Notwithstanding. Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Burrill. A clause frequent in old English statutes and letters patent, (so termed from its initial words,) importing a license from the crown to do a thing which otherwise a person would be restrained by act of parliament from doing. Crabb, Com. Law, 570; Plowd. 501; Cowell. A power in the crown to dispense with the laws in any particular case. This was abolished by the bill of rights at the Revolution. 1 Bl. Comm. 342.

— Non obstante veredicto. Notwithstanding the verdict. A judgment entered by order of court for the plaintiff, although there has been a verdict for the defendant, is so calied. German Ins Co. v. Frederick, 58 Fed. 144, 7 C. C. A. 122; Wqutworth v. Wentworth, 2 Minn. 282 (Gil. 238), 72 Am. Dec. 97; Hill v. Ragland, 114 Ky. 209, 70 S. W. 634.