Legal Articles

NON SUBMISSIT

Lat. He did not submit. A plea to an action of debt, on a bond to perform an award, to the effect that the defendant did not submit to the arbitration.

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NONNA

In old ecclesiastical law. A nun. Nonnus, a monk. Spelman.

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NOT51

In civil and old European law. Short-hand characters or marks of contrac- tion, in which the emperors’ secretaries took down what they dictated. Spelman; Calvin.

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NOTOUR

In Scotch law. Open; notorious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor, retires to sanctuary or absconds or defends by force, and is afterwards found insolvent by the court of session. Bell. Nova constitutio futuris formam im- ponere debet non prseteritis. A new state of the law ought to affect the future, not the past. 2 Inst. 292; Broom, Max. 34, 37.

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NOVUM OPUS

Lat. In the civil law. A new work. See Novi OPERIS NUNCIATIO.

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NULLA BONA

Lat. No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy. Woodward v. Harbin, 1 Ala. 108; Reed v. I.owe. 103 Mo. 519, 03 S. W. 687, 85 Am. St. Rep. 578; Langford v. Few, 146 Mo. 142, 47 S. W. 927, 69 Am. St. Rep. 606. Nulla curia quse recordum non habet potest imponere finem neqne aliquem mandare carccri; quia ista spectant tnn- tnmmodo ad curias de recordo. 8 Coke, 00. No court which has not a record can impose a fine or commit any person to prison ; because those powers belong only to courts of record. Nulla emptio sine pretio esse potest. There can be no sale without a price. Brown v. Bellows, 4 Pick. (Mass.) 189. Nulla impossibilia ant inhonesta sunt pra-sumenda; vera autem et honesta et possibilia. No things that are impossible or dishonorable are to be presumed; but things that are true and honorable and possible. Co. Litt. 78b. Nulla pactione effici potest nt dolus prsestetur. By no agreement can it be effected that a fraud shall be practiced. Fraud will not be upheld, though It may seem to be authorized by express agreement 6 Maule & S. 400; Broom, Max. 696. Nulla virtus, nulla scientia, locum suum et dignitatem conservare potest sine modestia. Co. Litt. 394. Without modesty, no virtue, no knowledge, can preserve its place and dignity. Nulle terre sans seigneur. No land without a lord. A maxim of feudal law. Guyot, Inst Feod. c. 28. Nulli enim res sua servit jnre servi- tutis. No one can have a servitude over his NULLITY 837 NULLUS DICITUR FELO own property. Dig. 8, 2, 2G; 2 Bouv. Inst, no. 1600; Grant v. Chase, 17 Muss. 443, 9 Am. Dec. 161.

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NUNCUPATIVE WILL

A will which depends merely upon oral evidence, having been declared or dictated by the testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing. Ex parte Thompson, 4 Bradf. Sur. (N. Y.) 154; Sykes v. Sykes, 2 Stew. (Ala.) 367, 20 Am. Dec. 40; Tally v. Butterworth, 10 Yerg. (Tenn.) 502; Ellington v. Dillard, 42 Ga. 379; Succession of Morales, 16 La. Ann. 268.

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N D

An abbreviation for “Northern District.”

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NARRATIO

Lat. One of the common law names lor a plaintiff’s count or declaration, as being a narrative of the facts on which he relies.

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NATURAL

The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in op position to the term “legal;” and then it means proceeding from or determined by physical causes or conditions, as distinguish- ed from positive enactments of law, or attributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions. Natural affection. Such as naturally subsists between near relatives, as a father aud child, brother and sister, husband and wife. This is regarded in law as a good consideration.

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NAVY

supersede the master of the ship with reference to -which the inquiry is held, to discharge any of the seamen, to decide questions as to wages, send home offenders for trial, or try certain offenses in a summary manner. Sweet.

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NE LUMINIBUS OFFICIATUR

Lat. In the civil law. The name of a servitude which restrains the owner of a house from making such erections as obstruct the light of the adjoining house. Dig. 8, 4, 15, 17.

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NECESSARY

As used in jurisprudence, the word “necessary” does not always import an absolute physical necessity, so strong that one thing, to which another may be termed “necessary,” cannot exist without that other. It frequently imports no more than that one thing is convenient or useful or essential to another. To employ the means neccssanj to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means without which the end would be entirely unattainable. McCulloch v. Maryland, 4 Wheat. 310, 413, 4 L. Ed. 579. As to necessary “Damages,” “Deposit,” “Domicile,” “Implication,” “Intromission,” “Parties,” “Repairs,” and “Way,” see those titles.

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NEGOTIATE

To discuss or arrange a sale or bargain; to arrange the preliminaries of a business transaction. Also to sell or discount negotiable paper, or assign or transfer it by indorsement and delivery. Palmer v. Ferry, 6 Gray (Mass.) 420; Newport Nat. Bank v. Board of Education, 114 Ky. 87, 70 S. W. ISO: Odell v. Clyde, 23 Misc. Rep. 734, 53 N. Y. Supp. 01; Blakistou v. Dudley, 5 Duer (N. Y.) 377.

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NEPOS

Lat. A grandson.

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NEXUM

Lat. In Roman law. In ancient times the nexxim seems to have been a species of formal contract, involving a loan of money, and attended with peculiar conse- quences, solemnized with the “copper and balance.” Later, it appears to have been used as a general term for any contract struck with those ceremonies, and hence to have included the special form of conveyance called “mancipatio.” In a general sense It means the obligation or bond between contracting parties. See Maine. Anc. Law, 305, et seq.; Hadl. Rom. Law. 247. In Roman law. this word expressed the tie or obligation involved in the old conveyance by mancipatio; and came latterly to be used interchangeably with (but less frequently than) the word “obiigatio” itself. Brown.

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NOBILE OFFICIUM

In Scotch law. An equitable power of the court of session, to give relief when none is possible at law. Ersk. Inst. 1, 3, 22; Bell. Nobiles magis plectuntur pecunia; plehes vero in corpore. 3 Inst. 220. The higher classes are more punished in money; but the lower in person. Nobiles sunt, qui arma gentilitia an- tecessornm suoruni proferre possunt. 2 Inst. 595. The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors. Nobiliores et benigni ores presumptions in dubiis sunt pracferendie. In cases of doubt, the more generous and more benign presumptions are to be preferred. A civil-law maxim. Nobilitas est duplex, superior et inferior. 2 Inst. 583. There are two sorts of nobility, the higher and the lower.

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NOMINATE CONTRACTS

In the civil law. Contracts having a proper or peculiar name and form, and which were divided into four kinds, expressive of the ways in which they were formed, viz.: (1) Beal, which arose ex re, from something done; (2) verbal, ex verbis, from something said; (3) literal, ex Uteris, from something written; and (4) consensual, ex consensu, from something agreed to. Calvin.

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NON-ACT

A forbearance from action; the contrary to act.

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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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