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Non compos mentis

Lat. Not of sound mind. A generic term applicable to all insane persons, of whatsoever specific type the insanity may be and from whatever cause arising, provided there be an entire loss of reason, as distinguished from mere weakness of mind. Somers v. Pumphrey, 24 Ind. 244; In re Beaumont, 1 Wliart. (Pa.) 53; Burn- ham v. Mitchell, 34 Wis. 130; Dennett v. Dennett, 44 N. II. 537, 84 Am. Dec. 97; Potts v. House, 0 Ga. 350, 50 Am. Dec. 329; Jackson v. King, 4 Cow. (N. Y.) 207, 15 Am. Dec. 354; Stanton v. Wetherwax, 10 Barb. (N. Y.) 2G2. Derangement. This term includes all forms of mental unsoundness, except of the natural born idiot. Hiett v. Shull, 3G W. Va. 5G3, 15 S. E. 147. Delusion is sometimes loosely used as synonymous with insanity. But this is incor- rect. Delusion is not the substance but the evidence of insanity. The presence of an in- sane delusion is a recognized test of Insanity in all cases except amentia and imbecility, and where there is no frenzy or raving mad- noss; and In this souse an insane delusion is a fixed belief in tlie mind of the patient of the existence of a fact which has no objective existence but is purely the fignieut of bis imagination, and which is so extravagant that no sane person would believe it under the circumstances of tlie case, tlie belief, nevertheless, being so unchangeable that the patient is incapable of being permanently disabused by argument or proof. The charac- teristic which distinguishes an “insane” delusion from other mistaken beliefs is that it is not a product of the reason but of the imagination, that is, not a mistake of fact In- duced by deception, fraud, insufficient evidence, or erroneous reasoning, but the spon- taneous conception of a perverted imagination, having 110 basis whatever in reason or evidence. Riggs v. Missionary Soc., 35 Hun (N. Y.) 658; Buchanan v. Pierie, 205 Pa. 123, 54 Atl. 583, 07 Am. St. Rep. 725; Gass v. Gass, 3 Humph. (Tenn.) 2S3; Hew v. Clarke, 3 Add. 79; In re Bennett’s Estate, 201 Pa. 485, 51 Atl. 330; In re Scott’s Estate, 128 Cal. 57, 60 Pac. 527; Smith v. Smith, 48 N. J. Eq. 566, 25 Atl. 11; Guiteau’s Case (D. C.) 10 Fed. 170; State v. Lewis, 20 Nev. 333, 22 Pac. 211; I11 re White, 121 N. Y. 400, 24 N. E. 935; Potter v. Jones, 20 Or. 239, 25 Pac. 709, 12 L. R. A. 101. As to the distinctions between “Delusion” and “Illusion” and “Hallucination,” see those titles. Forms and varieties of insanity. Without attempting a scientific classification of the numerous types and forms of insanity, (as to which it may be said that there is as yet no final agreement among psychologists and alienists either as to analysis or nomenclature,) definitions and explanations will here be appended of the compound and descriptive terms most commonly met with in medical jurisprudence. And, first, as to the origins or causes of the disease: Traumatic insanity is such as results from a wound or injury, particularly to the head or brain, such as fracture of the skull or concussion of the brain.

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NON CONCESSIT

Lat. He did not grant. The name of a plea denying a grant, which could be made only by a stranger.

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NON CONSTAT

Lat. It does not appear ; It is not clear or evident. A phrase used in general to state some conclusion as not necessarily following although it may appear on its face to follow.

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NON COST DATA

Data that contains significant information regarding the items being costed but does not include any information related to cost. Some examples include technical descriptions, schedules, etc

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NON CUL

This a Latin term that is the abbreviation for non culpabilis.

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NON DAMNIFICATUS

Lat. Not injured. This is a plea in an action of debt on an indemnity bond, or bond conditioned “to keep the plaintiff harmless and indemnified,” etc. It is in the nature of a plea of performance, being used where the defendant means to allege that the plaintiff has been kept harmless and indemnified, according to the tenor of the condition. Steph. PI. (7th Ed.) 300, 301. State Bank v. Chet- wood, 8 N. J. Law, 25. Non dat qui non habet. He who has not does not give. Lofft, 258; Broom, Max. 407. Non debeo mclioris conditionis esse, quam anctor mens a quo jus in me transit. I ought not to be in better condition than he to whose rights I succeed. I>ig. 50, 17 175, L

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NON DEBEO MELIORIS

and holding of such certificate. At most its legal effect is a stipulation against liability from further assessment or taxation after the entire subscription of one hundred per cent, shall have been paid. Upton v. Tribil- cock, 91 U. S. 45, 23 L. Ed. 203.

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NON DEBET ACTORI LICERE 824 NON EST FACTUM

Noil debet actori licere quod reo non permittitur. A plaintiff ought not to be allowed what is not permitted to a defendant A rule of the civil law. Dig. 50, 17, 41. 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 for- ward. Broom, Max. 100, Non debet alii nocere, quod inter alios actum est. A person ought not to be preju- diced by what has been done between others. Dig. 12, 2, 10. Non debet alteri per alterum iniqua conditio inferri. A burdensome condition ought uot to be brought upou one mau by the act of another. Dig. 50, 17, 74. Non debet cui plus licet, quod minus est non liccre. lie to whom the greater is lawful ought not to be debarred from the less as unlawful. Dig. 50, 17, 21; Broom, Max. 170. Non debet dici tendcre in praejudicium ecclesiastical liberatatis quod pro rege et republica nccessarium videtur. 2 Inst 025. That which seems necessary for the king and the state ought not to be said to tend to the prejudice of spiritual liberty. Non decct bomines dedere causa non cognita. It is unbecoming to surrender men when no cause is shown. In re Washburn, 4 Johns. Ch. (N. Y.) 100, 114, 8 Am. Dec. 548; Id., 3 Wheeler, Cr. Cas. (N. Y.) 473, 4S2.

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NON DECIMANDO

See DE NON DE- CIMANDO. Non decipitur qui scit se decipi. 5 Coke, 00. He is not deceived who knows himself to be deceived.

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NON DEDIT

Lat. In pleading. He did not grant The general issue iu forme- don.

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NON DETINET

Lat. He does not detain. The name of the general Issue in the action of detinue. 1 Tidd, Pr. 045; Berlin Mach. Works v. Alabama City Furniture Co., 112 Ala. 48S, 20 South. 418. The general issue In the action of replevin, where the action is for the wrongful detention only. 2 Burrill, Pr. 14. Non differunt quae concordant re, tametsi non in verbis iisdem. Those things do not differ which agree In substance, though not In the same words. Jenk. Cent p. 70, case 32.

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NON DIMISIT

L. Lat. He did not demise. A plea resorted to where a plaintiff declared upon a demise without stating the indenture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise.

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NON DISTRINGENDO

A writ not to distrain. Non dubitatur, etsi specialiter venditor evictionem non promiserit, re evic- ta, ex empto competere actionem. It is certain that, although the vendor has not given a special guaranty, an action ex empto lies against him, if the purchaser is evicted. Code, 8, 45, 0; Broom, Max. 70S. Non efiicit affectus nisi scquatur cf- fectus. The intention amounts to nothing unless the effect follow. 1 Kolle, 220. Non erit alia lex Romse, alia Athacnis; alia nunc, alia postbac; sed ct omnes gentes, et omni tempore, una lex, et sempiterna, et iminortalis contincbit. There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immortal law shall bind together all nations throughout all time. Cic. Frag, de Itepub. lib. 3; 3 Kent, Comm. 1. Non est arctius vinculum inter homines quam jusjurandum. There is no closer [or firmer] bond between men than an oath. Jenk. Cent. p. 120, ease 54. Non est certandum de regulis juris. There is no disputing about rules of law. Non est eonsonnm ration!, quod cog- nitio accessorii in cnria christianitatis impediatur, ubi cognitio causae principalis ad forum ecclesiasticum noscitur pertinere. 12 Coke, 05. It is unreasonable that the cognizance of an accessory matter should be Impeded in an ecclesiastical court, when the cognizance of the principal cause is admitted to appertain to an ecclesiastical court. Non est disputandum contra principia negantem. Co. Litt. 343. We cannot dispute against a man who denies first principles.

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NON DOM

An abbreviation for nondomiciled. It refers to an individual living in the United Kingdom who is a temporary resident (sometimes a foreign national), and only pay taxes on income generated in or brought into the United Kingdom. The income that is generated and held outside the country is not taxable. For example, a foreigner can buy a house in Liverpool, and not pay taxes as his assets are held in another country.

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NON ENDORSABLE TICKET

Tickets that can be claimed for travel only on the carrier that it is issued for.

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NON EST

a Latin phrase for the return of a sheriff’s writ or summons when the person cannot be found.

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NON EST FACTUM

Lat. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant. It denies that the deed mentioned in the declaration is the defendant’s deed. Under this, the defendant may contend at the trial that the deed was never executed in point of fact; but he cannot deny its validity in NON EST FACTUM

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NON EST INVENTUS

Lat. He is not found. The sheriff’s return to process requiring liirn to arrest the body of the defendant. when the latter is not found within his jurisdiction. It is often abbreviated “n. e.

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NON FECIT

Lat. He did not make it. A plea in an action of assumpsit on a promis- sory note. 3 Man. & G. 446.

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NON FECIT VASTUM CONTRA PRO- HIBITIONEM

He did not commit waste against the prohibition. A plea to an action founded on a writ of estrepement for waste. 3 Bl. Comm. 226, 227.

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