Not Proven

In Scotch criminal law. It is a peculiarity of the Scotch jury system in criminal trials that it admits a verdict of "Not proven," corresponding to the Non liquet of the Roman law. The legal effect of this is equivalent to "Not guilty;" for a prisoner in whose case it is pronounced cannot be tried again. According to the homely but expressive maxim of the law, no man can be made to thole an assize twice. But, although the verdict of "Not proven" is so far tantamount to an acquittal that the party cannot be tried a second time, it falls very far short of it with regard to the effect upon his reputation and character. He goes away from the bar of the court with an indelible stigma upon his fame. There stands recorded against him the opinion of a jury that the evidence respecting his guilt was so strong that they ■ did not dare to pronounce a verdict of acquittal. So that many, of the evil consequences of a conviction follow, although the jury refuses to convict. When Sir Nicholas Throckmorton was tried and acquitted by an English jury in 1554, he said: "It is better to be tried than to live suspected." But in Scotland a man may be not only tried, but acquitted, and yet live suspected, owing to the sinister influence of a verdict of "Not proven." Forsyth, Hist. Trial by Jury, 334-339. NOTA (Lat.) In Civil Law. A mark or brand put upon a person by the law. 1 Mackeld. Civ. Law, 134, 135. In Old English Conveyancing. A note or memorandum of a charter or deed, drawn up preparatory to the execution of the charter itself. Si autem dicant testes quod praesentes fuerint confectioni notae in quam utraque pars consentit, donator et donatorius, hoc sufficit ad probationem, licet praesentes non essent ubi charta scripta fuit et assignata [sigyiata']. But if the witnesses say that they were present at the making of the note, to which each party agreed, donor and donee, this is sufficient for proof, though they were not present when the charter was written and sealed. Bracton, fol. 398; Fleta, lib. 6, c. 34, § 2. A promissory note. 11 Mod. 340. NOTAE (Lat.)

In civil and old European law. Shorthand characters or marks of contraction, in which one person wrote what was said by another, or in which the emperors' secretaries took down what they dictated. Spelman; Calv. Lex. See "Notarius." NOTARE INFAIMIA (Lat.)

In the civil law. To mark or brand with infamy, or disgrace. Dig. 3. 2. For a desc Hption of the persons who were so branded (de his qui notantur infamia), see Id.

In Scotch Criminal Law. It is a peculiarity of the Scotch jury system in criminal trials that it admits a verdict of not proven, corresponding to the non liquet of the Roman law. The legal effect of this is equivalent to not guilty; for a prisoner in whose case it is pronounced cannot be tried again. According to the homely but expressive maxim of the law, no man can be made to thole an assize twice. But, although the verdict of not proven is so far tantamount to an acquittal that the party cannot be tried a second time, it falls very far short of it with regard to the effect upon his reputation. lie goes away from the bar of the court with an indelible stigma upon his name. There stands recorded against him the opinion of a jury that the evidence respecting his guilt was so strong that they did not dare to pronounce a verdict of acquittal. When Sir Nicholas Throckmorton was tried and acquitted by an English jury in 1554, he said, “It is better to be tried than to live suspected.” But in Scotland a man may be not only tried, but acquitted, and yet live suspected, owing to the sinister influence of a verdict of not proven. Forsyth, Hist. Trial by Jury 334.