N. 798 NAMlUM VETI UM. N

N.

N. A n abbreviation of the "Nocella," NAKED DEPOSIT. A. bailment ot g of Novels Justinian, used in citing them. to be kept for the depo itor, \\ ithout blre or Tayl. Civil Law, 24. reward on either aide.

N. An A. abbreviattou for "non alloca­ NAKED POWER. One which 1 shu­ If tur, it is not allowed. ply collateral and without nt which arises to a III re r N. B. An abbreviation for "nota bene," nee, when, n r, is of di of 1111 int r mark well, observe; also "nulla bona." no authority given po iing I. in which he had not nor b. goods. before, by lit instrument creating the power, til N. D. An abbreviation for" Northern Dis­ whatsoever. Caine, Cas. 15. trict."

. NAKED TRUST. or) or P he N. E. I. An abbreviation for "non est trust; one which requir 110 action on lht! inv(:ntus," he is not found. part of the tru tee, beyond turnmg ov N. L. An abbreviation of "non liquet." money or property to the c tui ifill! trn t. (which see.) NAM. In old Fngli h law. A a tre N. P. An abbreviation for "notary pub­ or seizure of chattels,

lic;" also for "nisi prius," (q. 'D.) As a Latin conjunction, tor; b c. u . Oftell used the old writers in N. R. An abbreviation for "New Re­ by introducing the quotation of 8 Latin maxim. ports;" also for" not reported," and for" non­ " resident. NAMARE. L. Lat. In old records. To N. S. An abbreviation for "New Series;" take, seize, or distrain. also for "New Style." NAMATIO. L. Lat. In old EIIIlIl II uf N A A M. The attaching or taki ng of and Scotch law. A distraiuing or takinl{ movable goods and chattels. called "vif'" or a dlatress : an impounding. Spelmun. "mort" according 88 the chattels were living NAME. The designation of an indiviJual or dead. Termes de la Ley. person. or of a firm or corporatton. 10 I. w NABOB. Originally the governor of a a man can not ba ve more than one ur, ti n province under the Mogill governmentofllin- name. 1 Lei. Raym. 562. dostan, \\ hence it became a mere title of any NAME AND ARMS CLAUSE. 'I he mall of rank, whom it was con- high upon " name in law for the clan ferred without any office being attached to it. popular English sometimes inserted in a will or settlement by "\Vils. Indian Glo s. which property is given to a person. lor the NAIF. L. Fr. A villein; a born alave: a purpose of imj o ing on him the COlu.IItJon bondwoman. that he shall a su me the surname lind arm of the testator or settlor, wilh iI ulr lion NAIL. A lineal measure of two inches that. if he neglects to as lime or di euntmue and a quarter. the use of them. the estate hall devo \ e 011 NAKED. As a term of j ui isprudence, the next nel son in remainder. and a provielon this word is equivalent to bare, wanting in for preserving contingent reurain ler .. a nece ary condition, incomplete, as a naked Dav. Pree. Conv. 277; weet. contract. (nudum pactum,) i, e., a contract NAMIUM. L. Lat. In old Engli b la devoid of consideration, and therefore In valid ; rlbln • A a drstress. pi man. or imple, unilateral, comprising but a single Laking; tr • or animals taken by way oC di element, as a naked authority, i, e.one which goods. Simpt-» namium, a [mple taking or pledge. IS not coupled with any interest in the agent, Bract. fol. 20,)6. but sub i ts for the benefit of the principal '. i alone. NAMIUM VETITUM. .\n unju 11 and drlv 10 til ru NAKED CONFESSION. A confession ing of the cuttle of another to all Ullh\\CIII act', ndiuz of (rime wl ich is un .upported by any evi- pi pret 11 • comuns lou 01 the offense. dUII� lly t lu tu, 3 HI. Comrn. b dlllce of the I x A ·TE , EDICT OF ,99 NA'l IO.-.AL �OMICILE

N ANTES, EDICT OF. A celebrated re pectiug tile rights and duties which attach to it 8 a constituent law for the security of Protestants, made by member of the familv of nations. Such a society, says Vattel, has her aiairs and her Henry IV. or France, and revoked by Louis interests; she deliberates and takes resolutions in xiv.. October 2, 16S5. common; thus becoming a moral person, who pos­ sesses an understanding and will to her­ NANTISSEMENT, in French law, is the peculiar self, and is susceptible of obligations and rights. of if of a movable, it is called contract pledge; Vattel, §§ 1,2 . .. U U gage;" and if of an immovable, it is called The words nation" and people" are frequently r anuehrise." Brown. used as synonyms, but there is a great difference between them. A nation is an aggregation of men NARR. A common abbrevation of una1,­ speaking the same language, having the same cus­ and ratio," (q. e.] A declaration in an action. toms, endowed with certain moral qualities which distinguish them from other of a Jacob. groups like nature. It would follow from this definition that a nation is NARRATIO. One of lhe common law destined to form only one 8tate, and that it constitutes one indivisible whole. Never­ names for a plaintiff's count or declaration, theless, the history of every age presents us with a narrative of the facts on wbich he as being nations divided into several states. Thus, Italy relies. was for centuries divided among several different governments. The people is the collection of all cotch NARRATIVE. In conveyancing. citizens without distinction of rank or order. All That part ot a deed which describes the gran­ men living under the same CWI.7e'M17nent compose the of the state. In relation to the tor, and person in w bose favor Lhe deed is people state, the citizens constitute the people; in relation to and states the cause (consideration) granted, the human race, they constituto the nation. A of Bell. granting. free nation is one not subject to 8 foreign govern­ ment, whatever be the constitution of the slate; a NARRATOR. A countor; a pleader who people is free when all the citizens can participate narrs. a draws Seroiens narrator, serjeant in a certain measure in the direction and in the t law. Fleta, I. 2, c. 37. examination of public affairs. The people is the political body brought into existence by community NARROW SEAS_ Those seas whIch run of laws, and the people may perish with these between two coasts not far apart. The term laws. The nation is tbe moral body. Independent of 18 sometimes applied to the English channel. political revolutions, because it is constituted inborn which render it indissoluble '\ harton. by qualities The state is the people organized Into a political NASCITURUS. Lat. That shall her-­ body. Lalor. Pol. Enc. 8. 'I). nfter be born. A term used in marriage set­ In American consti tutional la w the word tlements to designate the future issue of the "state" is applied to the several members of ruauiage, a� distinguished from "natus," a the American Union, while the word "na­ , hild already born. tion" is appl ed to the whole body of the peo­ embraced Within the of the NATALE. The stale and condition of Ii ple jurisdiction federal government. Cooley, Con t. Lim. 1. IJlIIII acqulred by birth. See 7 Wall. 720. NATI ET NASCITURI. Born and to NATIONAL BANK. A bank be born. All beirs, near and remote. incorpo­ rated and doing business under the laws of NATIO. In old records. A nati ve place. tile United tates, as distinguished from a Cowell. state bank, which derives its powers from the authority of a particular state. NATION. A people, or aggregation of men, existing in the form of an organized NATIONAL CURRENCY. �otes is­ jU1'I\1 society. inhabiting a distinct portion of sued by national banks, and by the United the lhe same earth, speaking language, using tates gO\ eromen t. the 11m cu toms, po ses ing historic coutin­ NATIONAL DEBT. Tbemoneyowing uity. lind dlstrngui bed from other lik groups by to ome of the public, the in­ by their racial 01 igin and characteristics, and government terest of which is paid out of the taxes raised IH'nwllly, but not nece sarily, living under by the whole of the public. till:' ame govet nment lind sovereignty.

II ide the elein nt of a t nomy or self-govern­ NATIONAL DOMAIN . ..A. term some­ that ! tbe of the mont, • Independeuce community time applied to the

N with reference to a or sub­ NATIVITAS. In old particular locality Eng b . YII division of a nation. lenage; that state in which men ere born slaves. 2 Mon. Angl. 643. NATIONAL GOVERNMENT. The government of a whole nation, as distin­ NATIVO HABENDO. In old Engll!b la w. A guished from that of a local or territorial di­ writ whieh lay for lord" b n vision of tile nation, and al 0 as distinguished his villein had run a way frotr- him. It ... from that of a league or confederation. directed to the sheriff, and command I him to "A national government is a government of the apprehend the villein, and to re 0 him a state or united as a com­ people of single nation, together with hi goods to the ION. Dr n, munity by what is termed the 'social compact,' and possessing complete and perfect supremacy N ATIVUS. A servant born. l .:n n. over persons and things, so far as they can be made the lawful objects of civil government. A Natura appetit perfectum i lta et lex, is from a na­ federal government distinguished Nature covets perfection; 80 doe I \ al o. tional its the of government, by being government Hob. 144. a community of independent and sovereign states, united by compact. n 6 Ohio St. 393. NATURA BREVIUM. The nnm of

an ancient collection of nal 'Hit', aecom­ NATIONALITY. That quality or char­ ongi with brief comments and acter which arises from the fact of a person's panied explanatlun in the lime of Edward III. Thl i belonging to a nation or state. Nationality compiled called Natura determines the political status of the indi­ commonly "Old Brevlum," (or "0. N. B .... todi h it from Fitzh r­ vidual, especially with reference to allegi­ ) ttngui bert's Natura Brevium, a lat r clt ance; while domicile dete rmlnes his civil work, as "F. N. B," or "Fitzh .... at. Brev." status. Nationality ari es either by birth or naturalization. to by According avigny, Natul'a fide ju ionis sit stricti Iml is also used as to "tvr­ "nationality" opposed juris et non durat vel extendatur de ra for the of ritoriality," purpose distinguish­ ad rem, de persona ad personam, de the case of a nation no national ing having tempore ad tempus. The nature of th

.• the Jews. 8Sav. territory; e.g Syst.§346; contract of suretyship is stricti' 'imi [uris, West!. l'riv. Int. 5. Law, and cannot endure nor be extended from thing to thing, from person to person. or NATIONALIZACION. In Spanish and from time to time. ur. 40. Mexican law. Nationalization. "The na­ Burge,

tionalization of is an act which de­ property Natura non facit salturn i ita nee lex. notes that it has that the nation become of by Nature makes no leap, [no sudden or Irregu­ some of indi­ process law, whereby private lar movement i] so neither does law Co. Lit viduals or corporations have been for speci­ 238. Applied In old practice to the regul r fied reasons deprived thereof." Hall. Mex. observance of the degree in writs of entry. 749. Law, § which could not be pa sed over per saltum.

NATIONS, LAW OF. See INTERNA­ Natura non facit vacuum, nee lex 8U­ TIONAL LAW. pervaeuum. .J: ature makes no vacuum, the law nothing purposele s. Co. Lilt. 79. NATIVA. In old English law. A niefe or female villein. 0 called because for the Naturre vis maxima; natura bls ma most part bond by nativity. Co. Litt, 122b. ima. The force of nature is greate t; natur is doubly great. 2 Inst. 564. NATIVE. A natural-born subject or NATURAL AFFECTION. u h citizen; a denizen by birth; one who owes subsists between near relatlve , & his domicile or citizen. hip to the fact of his naturally a father and brother and. iter. hu - birth within the country referred to. The child, band and wife. This is in law term may also include one born abroad, if regarded consideration. hi parents were then citizens of the country, good and not in permanently residing foreign NATURAL ALLEGIANCE. In En· parts. glish law. That kind of alleg ance w hlch I the NATIVI CONVENTIONARII. Vil­ Is due from all men born within king' dominions, their birth, leins or bondmen by contract or agreement. immediately upon which is intrinsic and I erpetual, and C lin u vn. 1 B. NAT I V I DE STIPITE. Villeins or be divested by any act of the!r � bo ulrnen by birth or slock. Cowell. Oomm, 3fi9; 2 K mt, �'l II. 1. NATURAL ALLEGIA ... 'CE t:!Ol NATt:RAL LIFE

I In American law. The allegiance due NAT U R A L FOOL. A person born from citizens of the United 'tates to their without understandmg: a born fool or idiot. native country, and also from naturalized ometimes called. in the old books, a "nat­ cltizens, and which cannot be renounced ural." without the perm ion of government. to be NATURAL FRUITS. The produce of declared by law. 2 Keut, Ootnm. 43 49. the soil, or of fruit-trees, bushes, vines, etc., It differs from local allegiance, which is which are edible or otherwise useful or serve temporary only, being due from an alien or for the reproduction of their species. The born for so long a time as he contin­ stranger term is used in contra Iistinction to "artiticial ue within the sovereign's dominions and fruits," i. e., such as by metaphor or analogy ction. Fost. Cr. Law, 184. prot are likened to tile fruit of the earth. Of the NATURAL-BORN SUBJECT. In En­ latter, interest on money is an example. law. One born within the dominions, gllah NATURAL HEIRS. In a statute of or rather within the allegiance, of the king distributions, this term may be understood of England. and interpreted as meaning "legitimate NATURAL CHILD. A bastard; a child heirs," and hence may include an adopted

born out of la wful wedlock. But in a stat­ child. 9 Amer. Law Reg. (0.. ) 747. ute declaring that adopted shall have all the NATURAL INFANCY. A period of rights of "natural" children, the word "nat­ non-responsible life. which ends with the ural" was used in the sense of "legitimate." seventh year. Wharton. 9 Amer. Law Heg. (0. S.) 747. In Louisiana. Illegitimate children who NATURAL LAW. The rule and dictate of II ve been adopted by the father. CI vii Code right reason, showing the moral defonoity La. art. 220. 01' moral neces its there is in any act, ac­ to its suitableness or unsuitablenes In the civil law. A child by natural re­ cording to a reasonable nature. 'I'ayl. Civil Law, 9a. lation or procreation ; a child by birth, as This non, "natural law," or [u» distingui hed from a child by adoption. Inst. expres naturale, was used in the philo 1,11, pr.: 1<.1.3, 1,2; Id. 3, 8, pro largely oph­ lcal of the Roman ts of the A child b.v concubinage, in contrad istinc­ speculations juri Antonine age, and wa intended to denote a uon to a child by marriage, Cod. 5, 27. system of rules and pr-inciples for tbe guid­ NATURAL DAY. That space of time ance of human conduct which, independent­ Included between the ri ing and the setting ly of enacted la \\' or of the system peculiar of the sun. ee DA.Y. to anyone people, might be discovered by the rational of and would NATURAL DEATH. 1. Death result- intelligence man, be found to out of and conform to his Ing from disease, or from natural forces grow mature, meaning by that word his whole without the concurrence of man's agency; mental. moral, and constitution. as d.stingui hed from "violent" death physical The of for this 2. Physical death; the separation of soul point departure conception was the toic doctrine of a life ordered "ac­ and body; as distinguished from "civil" to nature," which in its turn rested death, which is the loss of right and ju­ cording the purely supposititious existence, in ri tic personality as a legal conseq uence of upon of a "state of nature;" that rtnin nels primitive times, is, a condition of society in which men uni­ NATURAL A some­ EQUITY. term versally were governed solely by a rational tlmes mployed in work on juri prudence, and consi tent ob dience to tbe need. im­ no -cise but u sed lose sing very pr meaning, pul es, and prompting of their true nature, n equivalent to ju tice, honesty, or morali­ such nature being as yet undefaced by di - in bu ty 101'" relation, or mnn's innate honesty, fal ehood, 01' ind ulgence of the baser sense of and fail' light dealing piny. pa ions. 'ee Iaine, Anc. Law, 50, et eq. In smucb as equity, as now admini tered, Is a The of rompJ x y tem ot rules, doctrines, and precedents, NATURAL LIBERTY. power anti within the of Its own .fl..xed re pos , range aetmg a one think fit," itbout any traint more prinolple • but little 01 ticlty than the law, or control. unle by tile law of nature. 1 lho term"u rural equity" muy be understood to B1. 00000. 125. d note, In a gon r 1 way, that which strikes the

con. cl noe nnd _ ns of nrdinnry ju. lice as being NATURAL LIFE. The period between f1lr, rlgbt, nd eqult bl in dvance of the ques­ birth and natural death, as disf \ton wb ther the te bn I 'uri!lprud�'nc of the iuguisbed ,II DC r1 cour would � regurd it. from civl! death, ('1. c.]

.•Ol.DICT.I...A' '-.,1 . NATURA.L OBLiGATION 802 • AYAL COC uT

N NATURAL OBLIGATION. One which NAUCLERUS. Lat. In th cI�11 I lacks legal sanction, and therefore cannot be The master or owner or Ii mercb: nt l enforced in a court of justice, but which im­ Calvin. a moral the bound. poses duty upon person NAUFRAGE. In French maritim NATURAL PERSONS. Snch as are hipwreck. "TI e violent a�it..'\ti n 0 tile formed by nature, as distinguished from waves, the impetuou force of the winds, artificial persons, or corporations, formed by storm,orligbtning.may wallow up th \" . human laws for purposes of society and gov­ sel, or shatter it, in uch a Ill, liner th t ernment. Wharton. nothing remain of It but the wr k: th i called 'mnklllg hipwreck,' (laire ,,,uqra9 ) NATURAL PRESUMPTION. In the The vessel may also strike or run aer mn I law of evidence. That pecies of presump­ upon a bank, where it r m in .. round I. or s of which ' tion, proce probable reasoning, • which is called ch uemellt .. it m y be is exercised by persons of ordinary intelli­ dashed again t the con ,t or a roc c, \\ bich in one fact from another, gence, inferring • called bris;' an accident of any ki 1111 m: y without reference to any technical rules. sink it in the Sea. where it i \\ allowe up, Otherwise called hominis," "prasumptio which is called' sombrer?" 3 Pard. Droit .Burrill, Circ. Ev. 11, 12,22,24. Commer. § 643. NATURAL RIGHTS. Those rights NAUFRAGIUM. Lat. hip" r which are plainly assured by natural law; I n old de­ such as the right to life, to personal liberty, NAUGHT. practice. Bad; " etc. fecti ve. "The bar is naught. 1 Leon. 77. "The avowry i naught," 5 Iod. i!3. ··'1'le NATURAL YEAR. In old English law. 3_ . plea is 1I ndoubtedly naught." 10 �lotl. That of time in which the sun was period See 11 Mod. 179. supposed to revolve in its orbit, consisting of ::365 days and one-fourth of a day, or six NAULAGE. The freight of p' ngers hours. Bract. fol. 359b. in a ship. .Tohnson; Weul$ter.

Naturale estquidhbet dissolvi eo modo NAULUM. In the civil law. The quo ligatur. It is natural for a thing to be freight or fare paid for the tran 'portullon or was ill 8 v 1.'1. unbound in the same way in which it cargo or passengers over the spa bound. Jenk. Cent. 66; Broom, Max. '1377. This is a Latimzed form of a Greek word.

The NATURALEZA. In panish law. NAUTA. Lilt. In the civil and m rl· state of a New natural-born subject. WhiLe, time law. A sailor; one who works hlp. Recop. b. I, tit. 5, c. 2. Calvin. for tbe NATURALIZATION. The act of adopt­ Anyone who is on board ship her. ing an alien inlo a nation, and clothing him purpose of navtguung of a 4, 9, 1,2. with all the rights possessed by a natural­ The employer hip. Dlg. born citizen. N AUT I CAL ASSESSORS. Expe­ NATURALIZE. To confer citizenship rienced shipmasters, orother P('I 0 h vlng and nautic [ upon an alien; to make a foreigner the same, special knowledge of navigation a I tunc or in respect to rights and privileges. as if he aITairs, who are called to the involv­ were a native citizen or subject. court of admiralty. in difficult cas und \\'110 It ing q uestions of negligence, NATURALIZED CITIZEN. One Who, nd with the during the argument, an alien has recei ved citizen­ judge oeing by birth, of III n­ give their advice upon question" ship under the laws of the slate or nation. 1 sutp 01' the weight of testimony. NATURALLY. Damages which "nat­ Rep. 559; 2 Curt. 369. arise from a breach of contract urally" . .\. NAVAGIUM. In old English law are uch as in arise the usual course of their lor '. duty on certain tenants to carry things, from the breach it elf, or such as goods in a ship. may rea onably be supposed to have beeu tb oS contemplated by the purties when making N A VAL. Appertaining to t. the contract as the probable result of the (g. e.) breach. 71 Cal. 164, 11 Pac, 882. Rep. NAVAL COURTS. Cour NATUS. Lnt. Born, as dislmguished in certain COl :> to mqulre into eompl h {rom 1l.1' 'II,', about to be born. the master or :le, men oC '1 Brlli .·AV.\L CO[JRT� �IARTrAL

to the wreck or abandonment of a Britrsh dinary condition, by hI' sI'l.e, or by uniti!),;' other hlp. A naval court consists of three, four, wi�h waters, a continued highway over which commerce is or be carried on with oth­ officers in her ma­ may or five member , being er states or foreign countries in the customary consular officers, masters ot jesty's navy, modes in which such commerce is conducted by n firillSh merchant ships, or British merchants. water. Field, J., 10 Wall. 563. It is true that the It bas power to upersede the master of the flow and ebb ot the tide is not in this with reference to which tIle is regarded, country, as the usual, or any real, ship inquiry test ot navigability; and it only operates to im­ held, to any of the seamen, to de­ discharge pre s, prima facte, the character of being public to send home of­ and cide questions as wages, naVigable, and to place the onus of proof on the fenders for trial, or try certain offenses in a party affirming the contrary. But the naviga­ bility of tide-waters does not summary manner. weet. materially depend upon past or present actual public use. Such use NAVAL COURTS-MARTIAL. Tri- may establish navigability, but it is not essential to give the character. streams in new bunals for the trial of offenses arising in the Otherwise, and unsettled sections of the country, or where the of war vessels. managemeut public increase, growth, and development. have not been sufficient to call them Into public use, would be ex­ NAVAL LAW. The of system regula­ cluded, though navigable in tact., thus making the tions and principles for the government of character of being a navigable stream dependent on the the navy. occurrence ot the necessity of public use. Capability of being used for usetnl purposes of NAVAL OFFICER. An officer in the navigation, ot trade and travel, in the usual and and not the extent manner navy. Also an important functionary in the ordinary modes, and of the is the test ot b2 Ala. 2 United States custom-houses, who estimates use, navigability. 166, South. Rep. 716. duties, signs permits and clearances, certifies etc. the collectors' returns, NAVIGABLE RIVER or STREAM. A river or stream in which the tide ebbs and NAVARCHUS. In the civil law. The flows, or as far as the tide ebbs and flow. master or commander of a ship: the captain 3 Kent, Comm. 412, 414, 417, 41B; 2 Hil. of 8 man-of-war. Heal Prop. 90, 91. NAVICULARIUS. In the civil law. The master or captain of a ship. Calvin. NAVIGABLE WATERS. Those wa.­ ters which afford a channel for useful com­ NAVIGABLE. of navi­ Capable being merce. 20 Wall. 430. gated; that may be navigated or passed over !n ships or ves else But the term is gen­ NAVIGATE. To conduct vessels through erally understood in a more restricted sense, navigable waters; to use tbe waters as a viz., subject to tile ebb and flow of the tide. means of communication. �Tbe doctrine of the common law as to the nav­ The act or the Igability ot waters has no application In this coun­ NAVIGATION. science try. Here the ebb and flow of the tide do not con­ or the busine s of traversing the s or other .mute tbe usual as in or te tat test, England, any waters in ships or vessels. all, ot the navigability of waters. There no waters are in or at least to considera­ navigable fact, any NAVIGATION ACTS, in English law, ble ertent, wblch are not subject to the tide, and were various enactments for the trom tbis oircumstance tide-water and navigable passed pro­ and commerce water there algnity substantially the same thing. tection of Br.ttsb shipping as Hut In this country the case is widely different. against foreign countries. For a sketch of omo ot our rivers are as navigable for many their history and operation, see 3 Steph. hundreds of miles above as they are below the lim­ Comm. They are now repealed. See 16 & Ita ot tide-water, and some of them are navigable c. and 17 & 18 Viet. cc. 120. tor gro t diatanoes by large vessels, which are not 17 Vict. 107, 5, even atfectcd by the tide at any point during their Wharton. entire length. A dlJ!erent test must therefore be applied to determine the navigability of our riv­ NAVIGATION, RULES OF. Rules er and that Is found In their , navigable capacity. and regulations adopted by commercial na­ Tbose rive", must be regarded as publio navigable tions to the and rivers, In law, which are navigable in fact. .And govern sleering manage­ t ve each other at sea Lhayare navigable In tact when they are u cd, or men of sels approaching are IU ot ptible bcing used, in their ordinary so as to avoid tbe danger of collision or foul­ as for condition, highw ys commere , over which ing. trade and travel are or m y be conducted in the eu (omary mod ot tr and travel on water, NAVIRE. Fr. In Frencb Is w. A ahip. And tbey con tltute u vi ble waters of the Trait� des Assur. c. 6, L United ta:.e within the nieanmg ot the nets ot Emerig. § oongr In centrad tinct ou from tho uuviguble waters ot the .ta e n t Lat. A a vessel. ,'1\ h hoy form, In their or- NAVIS. ship; NA.YIS BONA NE U.'''QUE EXEC �TOn

N NAVIS BONA. Lat. A good sbip; one ant Is about to leave the kint?dom; it i I. that was staunch and strong, well caulked, in casea where the intenticn of the p Irt�· t and stiffened to bear the sea, obedient to her leave can be shown that the writ i helm, swift, and not unduly affected by the NE EXEAT REPUBLICA. Lat. In wind. Calvin. American practice. A writ 8 m I r t th t NAVY. A fleet of ships; the aggregate of ne exeat regno, (q. 11.,) aYail.lble to the of vessels of war belonging to an independ­ plaintiff in a civil suit, untler ome circum­ ent nation. stances, when the defendant is about to I 1\6 the stute. NAVY BILLS. Bills drawn by officers of tbe English navy for tbeir pay, etc. NE GIST PAS EN BOUCHE. L. Fr. It does not lie in the mouth. c mm n NAVY DEPARTMENT. One of the phrase in the old books. Yearb. M. 3 Edw, executive of tbe United States, departments II.50. presided over by the secretary of the navy, and having in charge the defense of the coun­ NE INJUSTE VEXES. Lat. In 01 J try by sea, by means of ships of war and other English practice. A prohib tory writ, om­ naval appliances. manding a lord not to demand from tbe ten­ ant more services than were justlj' due by NAVY PENSION. A pecuniary allow­ the tenure under which his ance 1 rs held. ance made in consideration of past services of some one ill the navy. NE LUMINIBUS OFFICIATUR. L t. In the civil law. The name of a servltud NAZERANNA. A sum paid to govern­ which restrni n the owner of 1\ hou e from ment as an acknowledgment for a grant of making such erectlons as ob .truct the hgll lands, or any public office. Ene. Loud, of the adjoining house. Dig. ,4, 15, 17. NAZIM. In Hindu law. Composer, ar­ NE QUID IN LOCO PUBLICO VEL ranger, The first officer of a prov­ adjuster. ITINERE FIAT. L'lt. Tint Dolt. II' ince. and minister of the department of shall be doue (put or erected) ina publlc criminal justiee. place or way. The title of an interdict in NE ADMITTAS. Lat. In ecclesiastical the Roman law. Dig. 43, 8. law. The name of a prohibitory writ, di­ NE RECIPIATUR. Lat. Thal it be not rectetl to the bishop, at the request of the received. .A. caceat or warning g v n to I plai nti ff or defendant, where a quare impedit law officer, by a party in a can .e, not to re­ is pending, when either party fears that the ceive the next proceedings of his oPlonent. bi hop \\ ill ad mit the other's cieri pend­ 1 Sell. Pr. 8. ing the suit between them. Fitzh. Nat. Brev.37. NE RECTOR PROSTERNET AR­ BORES. L. Lat. The statute 351-:ow.l. NE BAlLA PAS. L. Fr. lie did not frum � 2, prohibiting rectors, i. e., par on , deliver. A plea in detinue, denying the de­ down the tree in church-yar I. In to the defendant of the for. cutting livery thing sued I Rutland v. Green, 1 Keb, ;)57, it wu xtend NE DISTURBA PAS. L. Fr. (Does to prohibit them from opening new mines nd or did not disturb.) In English practice. working the minerals therein. Brown. The issue or in general general plea quare NE RELESSA PAS. L. Fr. DiJ not 3 Comm. 663. impedit. Steph. release. Where the defentlant had pi ded a this was the by NE DONA PAS, or NON DEDIT. release, proper rap.icatlen of traverse. The general issue in a formedon, now abol­ way ished. It denied the in tail to r, gift have been N E UNQUES ACCOUPLE. L. t made in manner and as form alleged; and Never married. More fully, fie tln'lll ee­ was lherefore lhe if the tenant I II proper plea, couple en loiall matrimonie, never join meant to dl the fact of the but ditl in the pute gift, lawful marrluge. '1 he name of 1\ pl not to other Case. 5 \\ hi It apply any East, 289. action of dOI\ er 11l1l1e nihil habet, by the tenant denied that the dowr s \\ l'" r NE EXEAT REGNO. Lat. In English lawfully ruar rred to the decedent- practice. A writ which issues to re itr.rl n a Fr. per unfromleavinglhpkinguom. It was Ior­ NE UNQUES EXECUTOR. L. merly used for political purposes, but is HOW .' ever executor. Tl e nam of. 11 only resorted to in equity \\ hen the Ile1'ellDOWER 805 .TECE .\&1' DU.\1ICILE ecutor, as be is alleged to be; or that the I Nec veniam, Ieeso nnmine, casus ha- plalntl1f is an executor, as he claims to be. bet. Where the Divinity is insulted, the case is unpardonable. Jenk. Cent. 167. HE UNQUES SEISE QUE DOWER. L. Fr. (Never seised of a dowable estate.] NECATION. The act of killing. In The issue in the action pleading. general NECESSARIES. Things indispensable, or dower usuie nil habet. by which the tenant or things proper and useful, for the suste­ denies that thedemandant's husband was ever nance of human life. This is a relati ve term, ItUed of an estate of which dower might be and its meaning Will contract or expand ac­ had. Rose, Real Act. 219, 220. cording to the situation and social condition E UNQUES SON RECEIVER. L. of the person referred to. Fr In pleading The name of a plea in an In reference to the contracts of infants. action of account-render, by which the de­ this term is not used in its strictest sense, nor fendl!1lt deniea that he ever was recei ver of limited to that which is required to sustain the plaintiff. 12 Vin. Abr. 183, life. Those things w hicb are proper and suitable to each individual, according to his NE VARIETUR. Lat. It must not be circumstances and condition in life, are nec­ altered A phrase sometimes written by a essaries, if not supplied from some other notary u .on a bill or note, for the purpose of source. 12 Cush. 513. see, also, 133 Mass. t.ll,:ishing its identity, which, however, 504; 114 Mass. 424; 3 C. P. Div. 401; 31 does not affect its 8 Wheat. negotiability. Conn. 306. 3;. In the case of ships the term" necessai ies" NEAP TIDES. Those tides which hap­ means such thing as are fit and proper for fen bet \I een the fuJI and change of the moon, the service in which tbe ship is engaged, and t vice in every twenty-four hours. US Cal. such as the owner, being a prudent man, 21. would have ordered if present; e. g., anchors. rigging. repairs, victuals. :\laude &P. hippo NEAR. This word, as applied to space, 71, 113. The master may hypothecate the call have no positi ve or precise meaning. It ship for necessaries snpplied abroad so as to i a relative term, depending for its signifi­ bind tbe owner. weet. cation on the subject-matter in relation to which it Is used and the circumstances under Necessarium est quod non potest aliter which it becomes necessary to apply it to sur­ se habere. That is necessary which cannot rounding objects. 5 Allen, 227. See, also, be otherwise. 44 Mo. 202; 31 Fed. Rep. 872. NECESSARms. Lat. Necessary; UD­ NEAT, NET. The clear weight or quan­ avoidable; indispensable; not admitting 01 tlty of an article, without the bag, box, keg, choice or the action of the Will; needful. or other thing in which it may be enveloped. NECESSARY. As used in jurisprudence, " NEAT CATTLE. Oxen or heifers. theword "neces ary does notalways import " "Beeve may Include neat stock, but all an absolute phy ical necessity, so strong that neat stock are not beevea. 36 Tex. 324; 32 one thing, to which another may be termed Tex 479. "nece sary," cannot exist without that other. It no more than that one EAT-LAND. Land let out to the yeo- frequently imports . thing is convenient or useful or essential to mMry. Cowell. I another. To employ the means necessary to NEATNESS. In The state- pleading. an end is generally understood as ernployrng ment in and words of all the apt appropriate any means calculu.ed to produce the end, and and no necessary fact, more. Lawes,P1.62. not as being confined to those single means would un­ Nee ourra deficeret in justitia exhi­ without which the end be entirely benda. Nor should the court be deficient in attainable. 4 Wheat. 316, 413. 4 lost. 63. showing justlce. NECESSARY DEPOSIT. The neces­ Nco tempu nec locus occurrit regi. sary deposit is that which has been com­ J Ilk. Cent. 190. ...Ttither time nor place af- pelled uy some accident; such as fire, falling Ie til the king. down of a house. pillage. hipwreck, or other casualty. Civil ode La. art. 964. Neo veniam effuso sanguine casus habet. Where olood is spilled, the case Is NECESSARY DOMICILE. That kind unpardonable. 3 II st 57. of domicile which exists by operation of law, XECE ·�.d..RY DIPLlCATlOX 80fi NE(';E ITY, 11 xncmr 131'

N as distinguished from voluut.iry domic.le or' Necessitas nOD habet lc,..,em.

domicile of choice. Phillim , Dorn. 27-'d7. sity has no law. Plowd, I shall be a good excu e In our 1 w. NECESSARY IMPLICATION. Ln con- every other law." Id, atruing a will, necessary implication means not natural necessity. but so strong a proba­ bility of intention that an intention contrary privata. to that which is imputed to the testatur can­ not be supposed. 1 Ves. & B. 466.

NECESSARY INTROMISSION. In cotch law. That kind of intromission or

interference where a hu band or wife con­ ti n ues in pos ession of the other's goods

after their decease, for preservation. Wbar­ Necessitas quod cogit de endit. • 'eo

ton. cessity defends or [u tifie what it eomp I . 1 Hale, P. C. 54. to the ucts 01 ,I NECESSARY REPAIRS. Necessary pplied sheriff. or rni nisterral otlicer, in the e .ecu­ repairs (for which the master of a ship may tion of his othce. Broom, Max. H. lawfully bind the owner) are such as are reasonably fit and proper for the ship under Necessitas sub lege non conttnetur, the circum tances, and not merely such as quia quod alias non e t hcitum nece - of are absolutely indispen 'able for the safety sitas facit Iicitum. 2111. t. 3:!1). _. e it, the ship or the accomplishment of the voy­ is not restrained by law; ince \\ ther­ age. 3 urn. 237. wi e is not lawful nece ity make lawf 11.

NECESSITAS. Lat. Nece si ty; a force, Nee e s sit a vincit legem. �. ece Ilf power, orIufluence whicb compels oneto act overrules the Jaw. Hob. 144; (.;ooley.( 'n t. against his will. Calvin. Lim. (4th Ed.] 747. NECESSITAS CULPABILIS. Cul­ Necessitas vincit legem; legum no- pable necessity: unfortunate necessity; neces­ eula irridet. IIob. 144. eCl'. sity OHr- sity which. wbile it excuses the act done un­ comes law; it derides the fetters of law. der its compulsion, does not leave the doer NECESSITUDO. In the civil law. II entirely free from blame. The necessity a close connection; relattunship which compels a man to kill another in self­ obligation; blood. alvin. defense is thus distinguished from that which by req uires the killing of a felon. See 4 BI. NECESSITY. Controlling force; Irre­ omm.1 7. sisLible compulsion; 1\ power or impul e 0 that it admits no choice of conduct. Necessitas est lex temporis et loci. great When it is an act is done "under Neces ity is the law of time and of place. 1 said that of three Hale, P. C. 54. necessity," it may be. in jaw, either kinds of necessity: (1) Thenece sityo! pre­ Necessitas exousat aut extenuat de­ serving one's own life, which will excn: , lictum in capitalibus, quod non opera­ homicide; (2) the nece Ityof obedience, tur idem in civilibus. excuses Necessity to the laws, or the ob dience of one not Itli or extenuate a in delinquency capital cases. [uris to his superior; (3) the neces It)" caus which has not the same in civil operation • by the art of God or a stranger. ee Jacob; cases, Bac. :\1ax. Mozley & Whitley. I Necessita.s facit licitum quod alias A constraint upon the will whereby a pe on to do that which hi dl appr\)v , non est licitum. 10 Coke, 61. Neces­ urged judgment and which, it Is to be presumed, hi8 will (I( I ft to sity make that lawful which otherwise is itself) would reject. A man, ther 'for. II ezcu not lawful. for those actions which are dono through uo vol able force and compulsion. 'har on. Neces itas ioducit privilegium quoad jura privata. Bac, Max. 25. Necessity NECESSITY, HOMICIDE BY. Hi» gives a privilege with reference to private cies of justifiable homicide, b cau A It RrI \\ ithout The neces involved in this maxim from some una VOIdable nec I rights. ity itj; without I is of three kinds, viz.: (1) Necessit.y or selt­ any will, intention. or dp ire, ant] in III preservation; (2) of obedience; ami (3) ne­ any inadvertence or negligence plrty without h 10 or ce sity re ulting from the act of God, or of a killing, and the efor any virtu or u h � trnnger.• -or, :'lIn". 32. blame. As, for in. tunc , by _ £C'K-VEH. E 1,

the execution of an office. as oblig ODe, In prohiLiled from doing sometbing otherwise ?obJic justice, to put a malefactor to death la wful upon his estate, because it will affect who hall forfeited his life to the laws of his the dominant estate, (as interrupting the country. But the law must require it, other- light and air from the latter by building on wise it is not jostifiable. 4 BI. omm.178. the former.) 2 Washb. Real Prop. 301; 70 Y. . 447. NECK-VERSE. The Latin sentence, IN. .. Jf18erere mel, DtUS," was so called, because NEGATIVE PREGNANT. In plead­ the reading of it was made a test for those ing. A negative implying also an affirma- of ho claimed benefit clergy. tive. Cowell. uch a form of negative ex­ as or within it an In a pression may imply carry .. EEDLESS. statute against" need- " affi rmati ve, h. PI. 3 1. As if a man killing or mutilation of any animal, tej be said to bave aliened land in fee, and he this term denotes an act done without any says he has not aliened in fee, this is a useful motive, in a spirit of wanton cruelty, neg­ ati ve for, it be true that or for the mere pleasure of destruction. 37 pregnant; though he has not aliened in it be that Ark. 460; 4 Mo. ApI'. 215. fee, yet may he has made an estate in tail. Cowell. NEFAS. Lat. That which is against right or the divrae law. A wicked or impi­ NEGATIVE STATUTE. A statute ex­ ous thing or act. Calvin. pressed in negati ve terms; a statute which prohibits a thing from being done, or declares NEFASTUS. Lat. Inauspicrous. Ap­ wbat shall not be done. plied, in the Roman law, to a day on which it was unlawful to open the courts or admin­ NEG L E CT. Omission; failure to do ister justice. something that one is bound to do; careless­ ness. Negatio couoluatonts est error in The term is used in the law of bailment lege. Wing. 268. The denial of a conclu­ as with" But the sion is error in la w. synonymou negligence." latter word i the closer translation of the Negatio destruit negatlonem, et am­ Latin "negZi,,,entia."

bIB faciunt affirmationem. A .. negative As u v·J III respect to the payment of de a and both make an af­ trays negative, money, reCl.. su I is the failure to pay money flrmatlve. Co. Litt. 146b. Lord Coke cites when demanded; neglect i the failure to pay this as a rule of rnatlcal construction, gram money which tbe party is bound to pay with­ nol always applying in law. out demand. 6 Gray, 224. Negatio duplex est affirmatio. A The term means to omit, as to neglect business or payment or duty or work. and is generally used double negative is an alfinnative. in this sense. It does not generally imply care­ or but an omission to NEGATIVE. A denial; a proposition lessness imprudence. simply do or perform some work, duty. or act. 54 N. Y. which is denied; a statem nt by something 262. In the form of denial. Two negatives do not make a good issue. Staph. Pl. 3H6, 387. NEGLIGENCE. The oml sion to do something which a rea onable man. guided NEGATIVE AVERMENT. As op­ those con iderations which ordinarily by reg- . po ed to the traverse or simple denial of an ulate the conduct of human affairs, would do, nffirmllllve allegation, a negative averment or doing omething which a prudent and rea­ is an of some substan live fact, B. nllegation sonable man would not; do. It must be de­ g., thut premi es are not in repair. which, termined in all cases by reference to the sit­ nlthough negative in form, is really afflrma­ uation and knowledge of the parties and all Uv In sub lance, and the party the alleging the attendant circumstances. 15 Wall. 536; fact or must prove it. Brown. non-repair 11 Exch. 7 4. NEGATIVE CO DITION. One by egligence, in its civil relation, is such an which It is stipulated that a given thing Inadvertent imperfection. by a responsible shall not happen. human agent. in the discharge of a legal du­ ty, as Imrned.ately produces. in an ordinary NEG TIVE COVENANT. One in and natural sequence, a dam ge to another. which the covenantor binds him elf not to Wharl. ��eg. §3. do or perform u sp itled act or thing. It is conceded by alJ the au thorities tbat the EGATIVE E SEMENT. One by standard by which to determine whether a hlch the owner of the> servient estate is person hit be n

N or or une for a com OD. 1., conduct of the prudent careful diligent pan Co. L.tt•...rob .. lJ. man. Bigelow. Torts. 261. Touch. 47G. The failure to observe, for t.he protection of tbe NEGOCE. Fr. Bu ines ; 1':. ; m (I. interests of another person, tbat degree of care, of affairs. precaution, and vigilance which the circumstances agement justly demand, whereby such other person suffers NEGOTIABILITY. In me injury. Cooley, Torts, 680. Th,lt The failure to do what a reasonable and prudent Transferable quality. quality ot bill person would ordinarily have done under the cir­ of exchange and promi vry note \\ hi h cumstances of the or the doing what situation, renders them transferable from on pe on such a person under the existing circumstances to another, and from ses 'hich th would not have done. 95 U. S.441. po In:; y are termed r The opposite of care and prudence; the omission emphatically "negotiable p,' to use the means reasonably necessary to avoid in­ 3 Kent, Comin. 74, 77. , et jury to otbers. 39 Ill. 353. Story, Bills, § 60. Negligence or carelessness si�nifies want of care, caution, attention, diligence, or discretion in NEGOTIABLE. The word "n uti \. one having no positive intention to injure the per­ tion," as used by wnter upon mere \ntih� Bon complaining thereof. The words "reckless," • n law, means lhe act which bill ot e "inrlifferent, "carele s, nand" wanton" are never by or note I ut .nto understood to signify positive will or intention, change promi ory � circu­ unless when joined with other words which show lation, by being pa. ed by one of tllu uri� nil that are to receive an artificial or if .. they unusual, parties to another per '011. � t'J!oti rble" not an unnatural, interpretation. 10 Bush, 677. means that which is capable of bein tr.lO­ Negligence is aoy culpable omis ion of a posi­ ferred as a thin" wl ell III b tive duty. It differ from heedlessness, in that by ignmellt; y heedlessness is the doiog of an act in violation of transferred by a ale and indorsement or de­ a negative duty, without adverting to its possible livery. This negotiable quality transfer th In both cases there is inadvert­ consequences. debt from the party to whom it was onzln 1- ence, and there is breach of duty. Aust. Jur. § 630. ly owing, tv the holder, when the III trum lit is classed under Negligence commonly is properly indorsed, so as to enable the lilt­ three and degrees,-slight, ordinary, gross. ter tv suo, in his own name, either the mak­ consi ts in the want of ot Slight negligence er of a promissory note or the acceptor care and great diligence; ordinary negli­ bill of exchange, and the other partie to uch in the want of care and dili­ gence. ordinary Inatruments, such as the drawer of a bill, or and in the want of gence; gross negligence, the indorser of a bill or note, unles the and Civil Code Dak. slight care diligence. holder has been guiltyof laches in gh'lng the ee, further. CARE; GROSS NEGLl­ § 2102. required notice. It must. however. he pay­ LIGHT L�EGLIGill\CE. In GENel<:; able to order or bearer. and, at all events , cannot be con idered" gross" unless r Negligence money only, and not out of auy purtlcul by an entire failure to exercise care, or evidenced fund. 60 Ind. 250. so a of care as to by the exercise of slight degree the belief that the person on whom care justify NEGOTIABLE INSTRUMENTS. j. incumbent was indifferent to the interest and was - name for bills, notes, checks, tr in welfaro of others. 64 Tex. 156. general ferable bonds or coupons. letters of cred t, An ESCAPE. . NEGLIGENT escape and olher negotiable written securitl effected the - from confinement by prisoner An v w ritten securities which may IJO trail or connivance of the without the knowledge fel reli by i ndorsemen t and deli very r by de­ the but which was made a keeper of prison. livery merely, so as to vest in the IIIUOI or by the latter's him to ue pos tble practicable negli­ the legal title, and thus enable his omission of such care t hnl gence. or by a?d thereon in his own name. Or. mor as he was bound to exercise not elm! \ wilance legally ally, those In ·trument which only of the 'nt or inbthe safe-keeping prisoner. the legal title with tbem by tnuor COl trail Ierr I Lat. In the civil law. delivery, but carry as W{'lI, when NEGLIGENTIA. tn II [PH inattention; the omission of before matuntv, the nght of the CarE'lessness; Cneel the filII amounts which their or The term is not to demand iro] er care forethollght. I . " lao n- call for. Damel,. �e�. Inst] eqlllva1 en t t0 our "I'neg igence, i exactly a wrltt D but A instrument i prom- uch as it was not any ne!lligentia, negotiable •usm rta II ise or for the of hizh or gw s degree of it, that request pa)ml'nt on •a .., Iy or be.ir r. ivilCod or slim of moneytoorder al1)ounted to culpa, (actionable punisha- al. 3087. ble fault.) § Word n I semper ha.bet infortuntum NEGOTIABLE WORDS. Negligentia 0- � r of n has misfort- \\ hich the ch r ct � enl ...... 0 onenee always phrases impart coml·te..... � DE ETC. _ EGOTIATE 09 EliO DO�IO,

diJility to bills, notes, checks, etc., in wLich Neminem oportet esse sapientiore:n they are insert..d; tor instance, a direction I legibus. Co. Lilt. 97b. Xo man 0 Ight to to p:\y to A. "or order" or "bearer." be wiser than the laws.

NEGOTIATE. To discuss or arrange a NEMO. Lat. �TO one; no man, The initial word ot Latin and c or bargain; to arrange the preliminaries many phrases of a buslne s transaction. Also to sell or maxims, among wbich are the following: discount paper, or assign or trans­ negotiable N e m 0 admittendus est inhabilitare fer It by Indorsement and deli very. seipsum. Jenk. Cent. 40. No man is to be admitted to himself. NEGOTIATION. The deliberation, dts­ Incapacitate eu ion, or conference the terms of a upon Nemo agit in seipsum. �TO man acts agreement: the act of settling or proposed against himself. Jenk. Cent. p. 40, case 76. the terms and conditions of a bar­ arranging A man cannot be a judge and a party in bis sale, or other busi ness transaction. gain, own cause. ld.; Broom, Max. 216n. Als(l the transfer ot, or act of putting into Circulation, a negctiable instrument. Nemo alienre rei, sine satisdatione, de­ fensor idoneus intelligitur. No man is NEGOTIORUM GESTIO. Lat. In considered a competent defender of another'a th civil law. Literally. a doing of business property, without security. A rule or the or businesses. A species of spontaneous Roman law, applied In part in admiralty agency, or an interference by one in the ar­ cases. 1 Curt. 202. ralrs of another, In his absence, from be­ Nemo alieno nomine i.evolence or friendship, and without author­ lege agere potest. No one can sue in the name of another, Ity. 2 Kent, Comm. 616, note; lnst. 3, 28, l. Dig. 50, 17, 123. NEGOTIORUM GESTOR. Lat. In the Nemo a.llegans suam turpitudinem est civil law A transacter or manager of bust­ audiendus. No one alleging his own base­ ness: a person voluntarily him­ conslituting ness is to be heard. The courts of law have self IIg nt for another; one who, without any properly rejected this as a rule of evidence. mandate or assumes to take authority. charge 7 Term R. 601. or lin affair or concern for another person, in the latter's absence. but for his interest. Nemo bts punitur pro eodem delicto. One who spontaneously. and without the No man is puni hed twice for the same uf­ knowledge or con sent of the owner, inter­ fense. 4 BI. Comm. 315; 2 Hawk. P. C. 377. meddles with his property, as to do work on N e m 0 it, or to carry it to another place, etc. Story, cogitationis pcanam patitur. Builm § 189. No one suffers punishment on account of bis thoughts. Tray. Lat. Max. 362. NEGRO. The word "negro" means a Nemo rem suam black man, one descended from the African cogitur venders, etiam justo pretio. No man is to race, and does not commonly include a mulat­ compelled sell his own even for a to, 18 Ala. 720. property, just price. 41nst. 275. NEIF. In old English law. A woman Nemo contra factum suum venire po­ who was bOI'D a villein. 01' 11 bondwoman. test. ..."0 man can contravene or contradict his own deed. 2 lnst. 66. The ot NEIGHBORHOOD. A.. place near; an principle deed. Best. ET. 408, 370. adjoIning or surrounding c.Iistrict; a 1D0re im­ estoppel by p. § medIate vicinity; ee 63 N. H. vicinage. Nemo dare potest quod non habet. 247; 3 .... Y. 502; 38 Iowa. 484. No man can give tbat which he has not. FJt,ta, lib. 3, c. 15. § 8. NEMBDA. In wedtsh and Gothic law . .A 3 Bl. Cornrn. 359. Jury 349, Nemo dat qui non habet. He who hath not cannot give. Jenk. Cent. 250; EMI E CO TRADICE TE. Lat. Broom, .Max. 499n,' 6 C. B. (:N. .) 478 . ... 0 one tli senting; no one voting in toe n('ga­ tlve . .A 'e u phru red to indicate the unani mous N e mode domo sua extrahi potest. consent of a or court legi lative body to Ii No one can be dragged out of his own boose. judgment, resolution, vote, or motion. Com­ In other words. every man's house is his cas­ .. monly bbrevi ted �m. con... tie. Dig. 50, 17. 103. X EMO DEBET, ETC. !:I 10 NE:\l0.· ClTUR ARTl'Ff•.

N Nemo debet bis punirr pro uno de- rightly to under t md one part "efor licto. Xo man ought to be punished twice again and aeuiu read through th for one offense. 4 Coke, 43a .. 11 Coke, 59b. I Broom, l1a'(' 593. No man shall be placed in peril of legal pen- i Nemo e t hrere vrventts. • alties more than once upon the same accusa- the heir of a livinz person. .I;tt.. :'_6. tion. Broom, �lax. 348. . I N.r 0 one can be I unr during the lift' of h . . N e mod e bet bis vexari [si constet cestor. Broom, �ll\x. 5�:.. 5�:t � 0 P L n curire quod sit] pro una et eadem causa. can be the actual complete heir of au lher III IS II No man ought to be twice troubled or har- \ the ancestor prev io IS dea-l. 2 H . mm. aased [if it appear to the court that it is] for 208. one and the same cause. 5 Coke, 61a. No Nemo est supra. lege. ...·0 on i Ibo\8 man can be sued a second time for the same the law. LotH, 142. cause of action, if once [udguient has been rendered. ee Broom, Max, 327, 34. No Nemo ex alterms facto prregravari man can be beld to bail a second time at the debet. No mill ou 'ht to be urd II in suit of the same plaintiff for the same cause consequence of anotber's act. :. K nt, mm. of action. 1 Chit. Archb. Pr. 476. 646.

Nemo ex consilio ,'0 m n N e mod e bet esse judex in propria obligatur. is bound in of hi advice. Mer causa. No man ought to be a judge in his consequence ad vice will not create th of a own cause. 12 Coke, 114a. .A. maxim de­ obligation rived from the civil law. Cod. 3, 5. Called mandate, 'tor), BaillU. § 1',5. 1\ "fu ndamental rule of reason and of nat­ Nemo ex dolo suo proprio relevetur, ural Burrows, Sett. Cas. 194, 197. justice." aut auxilium capiat. Let no one be reo 01' an III 0 vn r u I. Nemo debet immiscere se rei ad se Iieved gain advantage by A civ il law maxim. nihil pertinenti. No one should Intermed­

. dIe with a that in no concerns thing respect Nemo ex proprio dolo cousequuue case 32. him. .Ienk. Cent. p. 18, actionem. Noone maintains an uction arts­

out or his own I . Nemo debet in communione invitus ing wrong. Broom, 297. teneri. No one should be retained in a part­ his will. 2 Sandt. nership against 568. 593; Nemo ex suo delicto mehorem suam 1 Johns. 106, 114. conditionem facere potest. ...'0 on can make his condition better bis own mis­ Nemo debet Iocupletart aliena jactura. by deed. 50, 17, 134, 1. No one ought to be enriched by another's Dig. loss. 6, 1. 48, 65; 2 Kent, Comm. 336; Dig. Nemo in propria causa te tIS 1 Kames, 331. Eq. debet. No one ought to be a wiln In bL Nemo debet locupletarl ex alterius own cause. 3 Bl. Comm. 371. incommode. No one to be made ought Nemo inauditus condemnan rich out of another's loss. Jenk. 'ent. 4; non sit contumax. � 0 man ought to 10 Barb, 626. 633. condemned without being heard unl h . f' 12. Nemo debet rem suam sine facto aut contumacious. Jenk. Cent. p. 1 , defectu suo amittere. No man ought to ill margo lose his properly without his own act 01' de­ Nemo jus slbi dicere pote t. .'0 on fault. Co. Lilt. 263a. can declare the law for h m- elr, .'0 on

Nemo duobus utatur officiis. 4 Inst, en titlell to take the la w in to his ow II b HI 100. No one should hold two offices, i. e., Tray. Lat. Max. 366. at the same time. Nemo militans Deo impllcetur ae­ Nemo ejusdem tenementi simul potest ularlbus negotus. .:0 man \\ ho I warnn esse heeres et dominus. � 0 one can at for [in the service of] God houltl be III\'oh n- the same time be the heir and the owner of in secular matters. o. Lilt. 70b. Ii pr th same tenement. See 1 Reeve, Eng. Law, ciple of the old law that men of r ligloo � 'In 106. not bound to go in person with til war. Nemo enim allquam partem recte in­ telligere pos it antequam totum iterum Nemo nascitur artifex. Co. Lilt. atque iterum perlegerit. No one is able No one is born an artlflcer. ETC. 811 NEMO • 'EMO PATRIAM, TE_· ETUR. ETC.

emo patrtam in qua natus est exuere, Nemo prresumitur aliena.m posterita­ n e c ligeantire debitum ejurare possit . tem sure prretulisse. No man is presumed the in which to have another's to his • '0 man can renounce country preferred posterity he was born, nor abjure the obligation of his own. Wing. Max. p. 285, max. 79. allegiance. Co. Litt.129a; Broom, Max. 75; Nemo prresumitur donare. No one i.& Fost. Cr. Law. 184. presumed to give. 9 Pick. 128. Nemo plus commocli heredi suo relin­ Nemo esse immemor quit quam ipse habuit. No one leaves a proosu.m1tur sure eeternee at maxima in ar­ greater benefit to his heir tban be bad bim­ salntts, ticulo mortis. 6 76. No one is It. Dig. 50. 17, 120. Coke, pre-­ sumed to be forgetful of his own eternal wel­ Nemo plus juris ad alium transferre fare. and partdcularly at the point of death. potest quam ipse habet. No one can transfer more right to another than he has Namo prresumitur ludere in extre­ himself. Dig. 50. 17. 54; Broom. Max. 467, mis. Noone is presumed to trifle at the point

•69. of death .

Nemo poteat contra recordum verifl­ Nemo prresumitur maIns. No one is care per patrtam. No one can verify by presumed to be bad. the country a record. 2 lnst. 380. against Nemo prohibetur plures nago.tiationes The issue upon matter of record cannot be to siva artes exercere. No one is prohibited the jury. A maxim of old practice. from following several kinds of business or Nemo potest esse dominus et hreres. several arts. 11 Coke, Ma. The common law doth not from 4 0 man can be botb owner and heir, Hale, prohibit any person using Com. Law. c. 7. several at ts or mysteries at his pleasure. ld.

Nemo potest esse simul actor et ju­ Nemo prohibetur pluribus defension­ dex. No one can be at once suitor and judge. ibus uti. Co. Litt. 304a. 0 ant' is pro­

Broom. Max. 117. hibited from making use of several defen e .

Nemo potest esse tenens at dominus. Nemo prudens punit ut prasterrta No man can be both tenant and lord [of the revocentur, sed ut futura prrevenian­ same tenement.] Gilb. Ten. 142. tur. No wise man punishes in order that past things may be recalled. but that future Nemo potest facere per altum quod wrongs may be prevented. 2 Buist. 173. per se non potest. No one can do that by himself. another which hecannot doof Jenk. Nemo punitur pro alieno delicto. ent. p. 237. case 14. A rule said to hold in Wing. Max. 336. No one is punished for but not in as where original grants. descents; another's wrong. an office descended to a woman, in which Nemo punitur sine injuria., facto, seu case. though she could not exercise the office defalta. No one is punished unless for In person. she might by deputy. lei. some wrong, act. or default. 2 lost. 287. Nemo potest facere per obliquum quod Nemo qui condemnare potest, ab­ non potest facere per directum. No man solvere non potest. No one wbo may con­ ean do that indirectly which he cannot do demn is unable to acquit. Dig. 50, 17. 37. directly. 1 Edell, 512. Nemo sibi esse judex vel suis jU&­ Nemo potest mutare consilium suum dicere debet. No one ought to be his own in a.lterius injuriam. No man can change judge, or the tribunal in bis own affairs. his purpose to another's injury. Dig. 50, 17, Broom. Max. 116, 121. See L. R. 1 C. P. 75; Broom, Max. S4. 722. 747. N em 0 pot est plus juris ad alium Nemo sine actione experitur, at hoc transferre quam ipse habet. Co. Litt. non sine breve sive libello conventionali. SO!:!; Wing .• Iax. 56. J.: 0 one can transfer a No one to law without an action, and greater right to anolher than he hi msel t has. goes no one can bring an action without a writ. Nemo potest sibi debere. No one can or bill. Bract. fol. 112. OWtl to him elt. Namo tsnetur ad impossibile. Net Nemo preesens nisi intelligat. One is one is bound to an impo sibility. Jenk. Dot pre ent unless he under tands. Cent. 7: Broom. Max. 244. • .NE�lO TENETUR AR;\lARE. ETC. 812 }IEW �\.:'\D tJ:::EFuL L TEo" 10

Nemo tenetur arm are adversarium NET BALANCE. The pr ,.!

I contra se. Wing. Max. 665. No one is after deducting expenses. 71 Pa , t. hound to arm his adversary against himself. NET PRICE. The low t p ies, If r Nemo tenetur divinare. No man is deducting all di counts. bound to divine, or to have foreknowledge of, NET PROFITS. Till a future event. 10 Coke, 55a. mean what is made over the los' . and interest on lhe amount inv t Nemo tenetur edere instrumenta con­ eludes the gain that accrue 011 th inv tra se. No man is bound to produce writings ment, after the I against himself. A rule of the Roman law, deducting imply es of the busine . 50 G •. 35 . adhered to in criminal prosecutions. but de­ expen parted from in civil questions. Bell. NET WEIGHT. The weicht of n r­ ticle or collection of article', after de luetin ' Nemo tenetur informare qui nescit, sed from the gross weight the wei .. ht uf the quisquis scire quod informat. Branch. boxes, coverings. casks, etc .• contn nin th Prine. No one is bound to give information same. The weight of an animal un S:I I for about be is of, but everyone things ignorant sale. after rejecting hide, offal, etc. is bound to know that which he gives in­ formation about. NETHER HOUSE OF PARLIA­ MENT. A name given to the En"ILh Nemo tenetur jurare in guam turpi­ house of common in the time of Henry tudinem. No one is bound to swear to the VIII. fact of his own criminality; no one can be In International law. In­ forced to give his own oath in evidence of his NEUTRAL. guilt. Bell; Halle 100. different; impartial; not engaged on elther side; not taking an active part with either No Nemo tenetur prodere seipsum, of the contending states. In an intern ,. one is bound to himself. In other betray tional war, the principal hoslile power ar

no one can be to criminate • words, compelled called" belligerents;" tho e actively CO-Ol himself. Broom, Max. 96 . a�ing with and assisting them. their "allies:" and those taking no part whatever. "DIIII' N e mot en e t u r seipsum accusare. truls." Wing. Max. 486. No one is bound to accuse himself. NEUTRAL PROPERTY. Property which belongs to citizens of neutr I pow rs, Nemo tenetur seipsum infortuniis et and is used. treated. and aecompunled l'1 pertculis exponere. No one is bound to proper in 'ignia as sucb. expose himself to misfortunes and dangers. Do. Lilt. 253b. NEUTRALITY. The state uf 1\ n: lion which takes no part betwe n two or more Nemo unquam judicet in se. No one other nations at war. can ever be a judge in his own cause. NEVER INDEBTED. PLEA OF. A. Nemo unquam vir magnus fuit, sine species of traverse which occurs In a't !Os of ahquo divino affiatu. ..TO one was ever a to debt on simple contract, and is re orted great man without some divine inspiration. when the defendnnt means to deny in point Cicero. of fact the existence of any expre s contrncL Nemo videtur fraudare eos qui sciunt to the elIect alleg-rl in the declarat on. or to at consentiunt. No one seems [is supposed] deny the matter of Iact from which such to defraud those who know and assent [to contract would by I" w be implled. teph. his act.] Dio-. 50, 17.145. PI. 153, 156; Wharton.

NEMY. . L. Fr. Not. Litt. § 3. NEW AND USEFUL I VENTIO UI it �\ NEPHEW. The on of a brother or Sister. This phrase is used in the kind of [nven­ Nephew and uncle are related in the third patent laws to dl'�jgnale the "u degree according to the civil law. but by the tion which is patentable. The \\ON nli n canon law, in the second degree. ful" does not import that the inv should be to the mod NEPOS. Lat. A invariably superior grandson. but in use fur the same purp e, NEPTIS. previously Lat. A In n­ granddaughter. means that it mu t have r al utility. in­ NEPUOY. In cotch law. A grandson. trudistinction to fri volous or mi clue 0 ken. ventions. 1 fason. 182. J.'EW' A �IG�MENT 818 �·1:.XT OF KIX

NEW ASSIGNMENT. Under the com­ arg iment in the order in which they StaDC) mon law practice, where the declaration in in the paper, on days appointed by the judges an actlon is ambiguous, and the defendant for the purpose. Brown. facts which are literally an answer to pleada NEW WORKS. In the civil law. Bya It, but not to the real claim set up by the new work is understood every sort of edifice plaintiff, the plaintiff's course is to reply by or other work which is newly commenced on way of new assignment; i. e., allege that he aDY ground whatever. When the ancient brought his action not for the cause supposed form of work is changed, either by an a hli­ by the defendant, but for some other cause lion being made to it or by some part of the to which the plea has no application, 3 ancient work being taken away, it is styled Comm 507; Sweet. teph. also a "new work." Ci vil Code La. art. 856. NEW FOR OLD. In making an ad­ NEW YEAR'S DAY. The firs� day of justment I)f a partial loss under a pol icy of January, The 25th of March was the civil marine insurance, the rule is to apply the old and legal New Year's Day, till the alteration materials towards the payment of the new, of the style in 1752, when it was by deducting the value of them from the perma­ nently fixed at the 1st of January. In 'cot­ gross amount of the expenses for repairs, and land the year was, by a proclamation, which to allow the deduction of one-third new for bears date 27th of November, 1599, ordered old upon the balance. 3 Kent, Comm. 339. thenceforth to commence in that kingdom on NEW INN. An inn of chancery. See the Lst of January instead of the 25th of INNS OF CRA ·eERY. March. Enc. Lond.

NEW MATTER. In .Mat- NEWGATE. The name of a in pleading. I prison ter of fact not previously alleged by either London, said to have existed as early as I�07.

party In the pleadings. It Was three times destroyed an I reburlt . For centuries the cend tion of the place was hor­ NEW PROMISE. An or undertaking rible, but it has been greatly improv ed since based and relation to promise, upon having 1808. ince 1815, debtors bave not been a former which, for some reason, can promise committed to this prisoo. no longer be enforced, whereby the promisor recognizes and revives such former promise NEWLY-DISCOVERED EVIDENCE. Evidence of II. Dew and material fact, or new and engages to fulfill it. evidence in relation to a fact in ISsue, dis­ NEW STYLE. The modern of system covered by a party to a cause after the rendi­ time was introduced into Great computing tion of a verdict or judgment therein. Britain A. D. 1752, the 3d of September of NEWSPAPER. to the that year being reckoned as the 14t.h. According usage of the commercial world, a newspaper is de­ NEW TRIAL. A new trial is a re-ex- fined to be a publication in numbers, con­ mlnation of an issue of fact in the same court sisting commonly of single sheets, and pub­ after a trial and declslon by a jury or court or lished at short and stated intervals, con veying by referees. Code Civil Proc, Cal. § 656. intelligence of passing events. 4 Op, Attys. A new trial is a re-exarnl nation of the is­ Gen. 10. sue in the same court, before another jury, NEXI. Lat. In Homan law. Bound; after a verdict has been given. Pen. Code bound _A term applied to such in­ Cal. § 1179. persons. solvent debtors as were delivered up to lheir A new trial is a re-examination in the same creditors, by whom they might he held in ourt of an issue of fact, or some part or bondage unt.iI their debts were discharged. portion thereof, after the verdict by a jury, Oalvln.j Adams, Rom. Ant. 49. report of a referee, or a decision by the court. Rev. 'ode Iowa I 2837. 0, § NEXT FRIEND. A per on, usually a . relative, not appointed by the court, in NEW TRIAL PAPER. In English whose name suit is brought by an infant, practice. A paper containing a list of causes married woman, or other person not aui In which rule" ni i have been obtained for a jurili. new triul, or for entering a verdict in place of a nonsnit, or for ent-r+ng judgment 7101i NEXT OF KIN. In the law of de­ ob tante ter dicto, or for other w i e varying scent and distribution. Thi term properly or setting aside I r ce lings \\ hich have taken cJ note the per OilS nearest of kindred to ptnce at 1Ii i priu. The e are called on for the decedent, that is, those who are most XEXT OF KIX 8l-l: JC run. 'API· T PEH 1 BEn·:

N nearly related to him uy blood; but it is sometimes construed to mean only those who are entitled to take under the tatute of dis­ tributions, and sometime to include other persons. 2 tory, Eq. Jur. § 1065b. The words" next of kin, "used l:Il1nplici.ter in a NIENT CULPABLE. Xot guilty. Th deed or will, mean, not nearest of kindred, but name in law French of the a neral i Ill' in those relatives who share in the estate according to the statute of distributions, including those tort or in a criminal action. claiming per stirpes or by representation. 28 NIENT DEDIRE. To a,' n to How. Pro 417; 43 Barb. 147. thin; deny nothing; to suffer judgment b) de­ NEXT PRESENTATION. In the law fault. of advowsons. The right of next presenta­ NIENT LE FAIT. In pleading. �Tot the tion is tbe to to the first va­ right present . deed; not his deed. The arne as the pl I ot cancy of a benefice. non est factum. NEXUM. Lat. In Roman law. In ancient NIENT SEISI. In old pleading, �'ot times the nexum seems to have been a spe­ seised. The general plea in the writ of 11- cies of formal contract, involving a loan of nuity , Crabb, Eng. Law, 424. money, and attended with peculiar conse­ LIBER. The blaek boo' or r quences, solemnized with the "copper and NIGER !t- ister in the cht rtuiari t It- balance." Later. it appears to have beeu exchequer; cathedrals, etc. used as a general term for any contract beys, struck with those and hence to ceremonies, NIGHT. As to what, by the common have iucluded the form of special conveyance law, is reckoned nizht and what day. it eem called" sense it mancipatio." In a general to be the general opinion that. if lhere lit' means the or bond between con­ obligation daylight. or erepuscuium, enough l egun or 'et! Anc. Law. tracting parties. Maine, 305. left to discern a man's face, that i COII­ lladl. Rom. etseq.; Law, 247. sidered day; and night is when it is so dark

In Roman tie or . law, this word expressed the that the countenance ot a man cannot be di obligation involved in the old conveyance by corned. 1 lIale, P. C. 350. IIowever, th mancLpatio; and came latterly to be used inter­ limit of 9 P. 111. to 6 A. :11. has been Iheol changeably with (but less fr�quently than) the by word" (lbligatLo" itself. Brown. statute, in England. as the period ot night, in prosecutions for burglary and larceny. NICHILLS. In Debts English practice. St. 24 & 25 Vict. c. 96. § 1; Rro\\ n. due to the exchequer whicb the sheriff could .\ con tabl not levy, and as to which he returned nil. NIGHT MAGISTRATE. the the head of a watch-hen • The e sums were tran cribed once a'year by of night; the clerk of the nicbills. and sent to the NIGHT WALKERS. Descrihed in the treasurer's remembrancer's ornce, whence statute 5 Ed w. III. c. 14, as persons who was' issued to recover the "nichill" process sleep by day and walk by nIght. Person debts. Both of the e offices were abolished who prowl about at night. ami are of sua­ in 1833. Mozley & Whitley. picious appearance and behavior.

NICKNAME. A. short name; one nicked Nigrum nunquam excedere debet ru­ or cut off for the sake of brevity, without brum. The black should never go beyond til conveying any idea of opprobrium, and fre­ red. [t. e. the text of a statute should never n quently evincing the strongest affection or be read in a sense more comprehen. I\'C th 37 . the most perfect familiarity. Busb. Eq. 74. the rubric, or title.] Tray. Lat. )Ia't.

I 0 lhe narue or I NIDERLING, NIDERING, or NITH­ NIHIL. Nothing. cir­ a etc... whl'1l th ING. A vile. base person, or sluggard; return made by shenff, chicken-bearted. Spelman. cumstances warrant. it. de Nihil aliud t rex quam quod The of one's pote NIECE. daughter brother n jure potest. 11 oke, 74. The king or ister. AmbJ. 514. • do nothing except. what. be can bJ 1. do. rli h law. NIEFE. In old Ell A woman In NIHIL CAPIAT PER BREVE. in a bond woman. born vassa.age: � rlt. practice. That II(' tnke nothing h�' h I tin NIENT. L. Fr. _Tuthing; not. I The form of judgrn nt again t lh pi T ... ETC. 15 �IHIL ETC. • 'IElL CO SE. UI. QUOD,

or In in an action. either in bar abatement. facia. or other writ which he has been un­ Wben the plaintiff has commenced his pro­ able to serve on tbe defendant, bill. the judgment is nihil capiat ceedings by Nihil habet forum ex scena. The court billam, Co. Litt. 363. per has nothing to do with what is not before it. Nihil consensut tam eontrartum est Bac, Max. vis atque metos. Nothing Is so op­ quam Nihil in lege intolerabilius est [quam] to consent as force and fear. Dig. 50. posed eundem rem diverso jure censeri. Noth­ 17. 116. ing is more intolerable in law than that the Nihil de re accrescit ei qui nihil in same matter. thing. or case should be sub­ to 4 re quando jus accresceret habet. Co. ject different views of law. Coke, 93a. Litt.188. Nothing of a matter accrues to Applied to the difference of opinion enter­ him who. when the right accrues. has nothing tained by different courts. as to the law of a In that matler. particular case. Id.

NIHIL DICIT. He says nothing. This Nihil infra regnum subditos magis 18 the name of the judgment which may be conservat in tranquilitate et concordia. taken as of course against a defendant who quam debita legum a.dministratio. Noth­ omlts to plead or answer the plaintiff's dec­ ing preserves in tranquility and concord laration or complaint witbin the time limIted. those who are subjected to the same govern­ In some jurisdictions it is otherwise known ment better than a due administration of tbe a judgment "for want of a plea." laws. 2 1nst. 158. Nihil nimis Nihil dictum quod non dictum prius. iniquius quam requitatem intendere. is more than to • othing is said which was not said before. Nothing unjust . extend too far. Halk. 103 . id ot a case where former arguments were equity Hardr. 464. repeated, Nihil magis justum est quam quod est. is more NIHIL EST. Lat. There is nothing. necpssartum Notbing just than that which is Dav. Ir. K. form of return made by a sheriff when be necessary. B. 12; Branch, Prine. h88 been unable to serve the writ. "Although non est inventus is tbe more frequent return Nih i 1 nequam est prsesumend u m In such a case, yet it is by no means as full Nothing wicked is to be presumed. 2 P. an uuswer to the command of the writ as is Woos. 5�3. the return of nihil. That amounts to an Nihil perfectum est dum a.liqufd re­ I verment that the defendant bas nothing in stat agendum. 1a while the no no Nothing perfect bailiwick, dwelling-hous , family. anything remains to be done.. 9 Coke. 9b. no r sidence, and no personal presence to en­ able till' officer to make the service required Nihil peti potest ante id tempus quo the act of It is therefore a full by assembly. per rerum naturam persolvi pos it. answer to the of the writ." 83 Pet. exigency J: othing can be demanded before the time ':1. 1:J9. \\ hen. by the nature of thing, it can be paid. 50, 17, 1 6. Nihil est enim liberale quod non idem Dig. rustum. For there Is nothing generous which Nihil possumus contra veritatem. We Is not at the same time just. 2 Kent, Oomm. can do nothing against truth. Doet. & HI. note a. tud. dial. 2, c. 6.

Nihil est magis rataont consentaneum Nihil prrescribitur nisi quod posst­ quam eodem modo quodque dissolvere detur. There is no prescription for that quo confiatum est. Nothing is more con­ which is not possessed. 5 Barn. & Ald. 277. sonant! to reason than that a thing' should be Nihil quod est contra rationem est dissulved or discbarged in the same way in licitum. that is reason is wbich it WIIS created. "'hep. Touch. 323. ...Tolbing against lawful. Co. Lilt. 97b. Nihil facit error nominis cum de cor­ Nihil quod e t inconveniens est lrct­ pore constat 11 Coke. 21. Au error IlS tum. .. othiug t".lt is rucouvenient is law­ to" name is notlung when there is certamty ful. Co. Litt. 6tia. 'Jib. A maxim very as to the person. rrequ ntlj quoted uy Lord ke. but to be law _. IHIL HABET. lIe bas nothing. The taken in modern with souie ualification. a return 00 de a .l[ ix. name or by sheriff to a scire Broom • 186, 300. X1HIL 'UIUL L. VENTUM, ETC. 816 _'I 1 run:

N Nihil simul inventum est et perfect­ NIL um. Co. Lilt. 230. Nothing is invented lIe had and perfected at the same moment.

Nih il t a. m conveniens est naturali requitati quam unumquodque dissolvi eo ligamine quo ligatum est. Nothing NIL LIGATUM. Nothill" und: th t is so consonant to natural equity as that a

is. no has been mcurr . thing should be dissolved by the same means obligation Tray, Lat. Max. by which it was bound. 2Inst.359; Broom,

Max. 877. Nil sine prudenti fecit ratione vatu. - tas, Antiquity did nothing w thout I g Nih il t a. m conveniens est naturali reason. Co. Lilt. 65. requitati quam voluntatem domini rem suam in altum transferre ratam habere. Nil temere novandum. J..Tothing hou 1 Coke, 100. Nothing is so consonant to be rashly changed. Jenk. Cent. 163. natural equity as to regard the intention of Nimia certitudo certitudinem ip am the owner in transferring his own property ' destruit. Too great certainty destro cer­ to another. tainty itself. LotIt, 244. Nihil tam naturale eo est, quam ge­ Nimia subtilitas in jure reprob tur, nere dissolvere, quo- colligatum quidque Wing. Max. 26. Too much IIlJt ely in II verborum verbis est; ideo obligatio is dlscountenanced. tollitur; nudi consensus obligatio con­ Nimium altercando vents amittitur. trario consensu dissolvitur. Nuthing is Hob. 344. too much altercation truLh 80 natural as to dissol ve anything in the way By lost. in which it was bound together; therefore of words is taken the obligation away by NIMMER. A thief; a pilferer. words; the obligation uf mere cunsent is dis­ otten solved by the contrary consent. Dig. 50, 17, NISI. Lat. Unless. The word Is 35; Broom, Max. 887. atfixed, as a kind of elliptical expres ion, to the words "rule," "order," "decree," "judg. Nihil tam proprium imperio quam ment," or "confirmation," to indic ite th L is so to legibus vivere. Nothing becoming the adjudication spoken of IS one which I to as to live in accordance with the authority stand as valid and operati ve u1l.le 8 the party laws. Fleta, lib. c. 17, 11. I, § affected by it shall appear 1I0t.! show call against it, or take slime other appropn It NIHILIST. A member of a secret !!S­ step to avoid it or procure its revocation. in Hu which is de­ sociation, (especially sia,) - Thus a "decree nibi" is one which will d voted to the destruction of the present polit­ nitely conclude the defendant's right UD· ical, religious, and social institutions. Web­ less, within the prescribed time, he how ster. cause to set it a ide or succes fully appeal . Nil agit exemplum litem quod lite The word. in this sense, i oppo ·ed to "a resolvit. An example does no good which solute." And when a rule n�i 111 finally eon­ . to sho settles one question by another. 15 Wend. firmed, for the defendant's failure 44,49. canse against it, it is said to be "mHllp.llbsv­ lute. " Nil consensnr tam oontrarium est NISI FECERIS. Lat. The name of quam vis atque metus. Nothing is so op­ clause in lilt' ohl I 100ri· posed to consent as force and fear. Dig. 50, commonly occurring the lord fouled 17, 116. al writs, commandmg that, if to do the court or oflic r houl justice. king's ' NIL DEBET. He owes nothing. The do it. By virtue ot this �I

Nil f80cit error nominis cum de cor­ NISI PRIUS. L'lt. The n' i priUS coor trl I flu of pore vel persona constat. A mistake in are such as are held for the 0 ' the name does not matter when the body or fact before a jury and one pr Iding 11 In America the is familiarly u person is manifest. Coke, 21; Broom, phrase '\ In be I denote lhe foru m hill er • .... rH. 634. (\\ I PRIUS CLAUSE 81': NOLEX VOLEXS

utory name) in which the cause was tried to 20 Wend. 267i 23 �. Y. 252i 13 N. Y. I�I; the 6 232. a jury, as drstlnguished from appellate Duer, court. ee 3 BI. Comm. 58. NOBiLE OFFICIUM. In Scotch law. In NISI PRIUS CLAUSE. practice. An equitable power of the court of ses ion, ,A clause en ter -d on the record ina n action to give relief when none is possible at law. lit jaw, authorizing the trial of the cause at Ersk. Inst, I, 3, 22; Bell. nUl P! ius in the particular county desig­ Nobiles nat (I It was first used by way of contlnu­ magis plectuntur pecunia; vero in 3 Inst. 2�0. anr�. plebes corpore, The higher classes are more punished in NIS': PRIUS ROLL. In The practice. money: but the lower in person, roll or record containing the pleadings, issue, ?oI!ll jury process of an action, made up for Nobiles sunt, qui arma gentilitia an­ U6f' i" the ni8i prius court. tecessorum auorum proferre possunt. 2 Inst. 595. Tile gent.ry are those who lire NHU PRIUS WRIT. Tbe old name of able to produce armorial bearings derived by the writ of venire, which in pur­ originally, descent from their own ancestors. suaace of the statute of Weslminster 2, con­ clause. Jud. tain d t!le nisi prius Reg. 28, Nobiliores et benigniores prsesump­ 75, Cowell. tiones in dubiis sunt prre.erendre. In cases of doubt, the more and more NIVICOLLINI BRITO.N Ji,t'). In old generous benign presumptions are to be preferred. A Englls!1 law. Welshmen, because they live civll-law maxim. Dear big'" mountains covered with snow. Du Cange, Nobilitas est duplex, superior et in­ ferior. 2 Inst. 5 3. There are two sorts ot NO AWARD. The name of a plea in an nobility, the higher and the lower. 81'1, Oil o: an award, by which the defendant trav""S9:1 the that an a ward was allegation NOBILITY. In English law. A divis­ mad>, ion of the people, comprehending dukes, mar­ and barons. These NO BH.r.. ThlJ phrase, when indorsed quises, earls, viscounts, had duties annexed to their re­ y 'l gll4=,rJ jury OD an indictment, is equiva­ anciently .. honors. are created either I" -t to not found," "not a true bill," or spective They .. II writ, i, e., summons to attend fl1,t)T!J ."..,..... by by royal the house of peers, or by letters patent, i, e., This denotes a lack NO FUXDS. term by royal grant of any dignity and degree of ot assets or mon for a use. It is 'y specific peerage; and they enjoy many privileges, ex­ till' return made by a bank to a check drawn clusive of their senatorial capacity, 1 BI upon it by a person who has no deposit to Comm.396. his cred.t there; also by an executor, trus­ NOCENT. From Latin "nocere. II tl'll, etc., who bas no assets for the specific "The nocent 1 Vern. 429, purpose. Guilty. person."

NO GOODS. This is the English eq ul va­ NOCTANTER. By night. An abol­ lent of tb{' Latin term "nulla bona, II being' ished writ which issued out of chancery, and the form of the r turn made by a shertff or returned to the queen's bench, for the pros­ COil tuble, charged with an execution, when tration of inclosures, etc. be has found no property of the debtor on NOCTES and NOCTEM DE FIRMA, which to levy, Entertainment of meat and drink for so No man can same Im­ hold the land many nights. Domesday, modlately of two several landlords. o. LILl. 152. NOCUMENTUM. Lat. In old English law. A nuisance. Nocumentum damno­ No man i pre umed to do anything sum, a nut ance occa ioning 10 s or damage. agalD t nature. � Yin . .A br. 154. Nocumentum iujurio um, an injurious nul­ No man shall set up his infamy 88 a sance. For the latter ouly 8 remedy was defunse. 2 W, BI. 364. gi ven. Bract. foJ. 21.

No one can grant or convey what NOLENS VOLEl'1,). Lat. Whether be doe not own. 25 B rb. 301. 284, See or . willing unwilhng ; consenting or not .AlI.DIC'l'. LAw--52 NOLI 818 NO�IY.\'L PAl T_'EB N NOLIS. Fr. In French law. Freight. Nomen non sufficit. si re The same with "fret." Ord. Mar. li v. 3, [ure aut de facto. A nam tit. 3. if there be not a thin� [or Sit jU1'e or de facto. 4 oke, 10, b. NOLISSEMENT. Fr. In French ma­ rine law. Affreightment. Ord. Mar. liv. 3, Nomina mutabilla. unt, res au em im­ tit. 1. mobiles. Name are mutable, but thin are immovable, [unmutable.] .\. name m y NOLLE Lat. In PROSEQUI. practice. be true or false, or may chang. but tl e lhin A formal entry upon the record, the itself Its by plain­ always maintain identity. 15 CQk , tiff in a civil suit or the prosecuting officer 66. in a criminal action, by which he declares Nomina si ne cl perit cognitio re­ that he "will no further prosecute" the case, rum; et nomina i perda • certe dis­ either as to some of the counts, or some of tinctio rerum perditur. Co. Lilt. I). If the defendants, or altogether. you know not the nam of thinus, the knowl­ A nolle proeequt is in the nature of an acknowl­ of them elv In I, it edgment or undertaking by the plaintiff in an ac­ edge thing. perishes: tion to to narue the of forbear proceed any further either in the you lose the , distinction the action altogether, or as to some part of it, or as to things is certainly 10 t. some of the defendants; and is different from a non pros., by which the plaintiff is put out of Nomina. sunt notre rerum. 11 Coke, court with respect to all the defendants. Brown. 20. Names are the notes of th ngs.

NOLO CONTENDERE. Lat. I will Nomina. sunt symbola rerum. Godb. Names are the of not contest it. This is the name of a plea in ymbol. things. a criminal action, upon which the defendant NOM I N A TRANSCRIPTITIA. In be may sentenced. Roman law. Obligations contract I by lite­ � HE (i. s., Iiteris obli!l(/ tiom.q were '0 call NOMEN. In the civil law. A name: because tlwy arose from a peculiar trau er the name, style, or designation of a person. (transc1"iptio) from the creditor's day-boo' Properly, the name showing to what gens (adversa1'ia) into his ledger, (codex.) or tribe he belonged, as distinguished from I It his own individual name, (the pramomen,) NOMINA VILLARUM. In Eng of nil III from his surname or family name, (cogno­ law. An account of the names thereof, in ach men,) and from any name added by way of villages and the po ses .ors Ed �'. a de criptive title, (agnllnen.) county.drawn up by everal sl ediT', (9 into the e ch . The name or style of 8 class or genus of 11.,) and returned by them per ons or objects. uer, where it is still preserved. " burton. A debt or a debtor, Ainsworth; Calvin. NOMINAL. Titular; ext ting In 0 m with NOMEN COLLECTIVUM. A collect­ only; not real or substantial; connected the transaction or in name only, ive name or term; a term expressive of a proceeding not in intereat, class; a term including several of the same kind; a term expressi ve of the plural, as well NOMINAL DAMAGES. In prach . as number. III lin eingular, A trifling sum awarded to a llaintlff or action, where then> is no ub, t.lIlti II Nomen est quasi rei notamen. A till the! injury to be cornpen sated, but name is, as it were, the note of a thing. 11 a techo iQaI in \ asion uf hi right Coke, 20. recognizes or a breach of the defendant's duty. NOMEN GENERALE. A general 0 NOMINAL DEFENDANT. A ( r name of a name: the genus. Fleta, lib. 4. c. Dot who is as defendant in an netron, 19, § 1. joined because be is immediately liable in dam. IS demand NOMEN GENERALISSIMUM. A or because any specinc relief eonnectlon vrth name of the mo t general kind; a name or against him, but because his til 8 term of the most general meaning. By the the subject-matter is uch that plaintl.fJ 1 u nd r the t hn! name of "land," which is nomen gene1"alis­ action would be defect! ve, not simum, everything terrestrial will pass. 2 rules of practice, if he were joined. omm. BJ. Comm. HI; 3 HI. 172. n ho NOMINAL PARTNER. AI firm, or NOMEN JUR13. A name of the law; appears to be a J artner ill th term. to ions dealing wlth Il technical legal represented 1.el NahUNAL PLAL�TIFF 819 NON ACCEPTAVIT

in or who allows his name to appear the style I NOMINATIVUS PENDENS. Lat. A oC the firm or to be used in its business. in nominative case grammatically unconnected the character of a partner, but who has no with the rest of the entence in which it actual int rest in the firm or businesa. Lory, stands. The opening words in the ordinary Partn. § 80. form of a d-ed inter partes, "This indent- ure," etc., down to "whereas;" though an NOMINAL PLAINTIFF. One who intelligible and convenient part of the deed, has no interest in the subject-matter of the are of this kind. Whartou. action, baving assigned the same to another, (the r "II plaintiff in interest, or "use plain­ NOMINE. Lat. By name; by the name tiff,") but who must be joined as plaintiff, of; under the name or destgnatton of. because, under technical rules of practice, NOMINE PCENlE. In the name of a the suit cannot be brought directly in the penalty. In the civil law, a legacy was said name of the assignee. to be left nomine pO':'lUE where it was left for of To for an t­ the purpose the heir to do or not NOMINATE. propose appoin coercing • to do Inst. ment; to designate for an olIice, a privilege, something. 2, 20,36. Tile term ha also been in a living, etc. applied, English law, to some kinds of covenant, such as a CONTRACTS. In the NOMINATE covenant inserted in a lease that the lessee civil law. Contracts a or having proper pecul­ shall forfeit a certain sum on non-payment iar name and form, and which were divided of rent, or on doing certain things, as plow­ into fOllr kmds, of the in expressive ways ing up ancient meadow, and the like. 1 which they were formed, viz.: Real, (1) Crabb, Heal Prop. p. 171, § 155. which arose e:ll re, from something done; (2) NOMINEE. One who has been nominat­ verbal, fX oerbis, from something said : (3) ed or for an office. literal, e:Il llteris, from something written; proposed and (4) consensual, ex consensu, from some­ NOMOCANON. (1) A collection of can­ thing agreed to. Calvin. ons and Impertal la ws relati ve or conformable thereto, The fir t nomocanon was made by NOMINATIM. By name; expressed one Johannes chols ticus in 554. Pbotrus, pa­ by one. triarch of oust.mtinople, in 1:13, compiled NOMINATING AND REDUCING. another nornocanon, or collation of the ct vil A mode of obtaining a panel of special jurors laws with the canons; Lhis is the 1U0 t cele­ In England, from which to select the jury to brated, D lsamon wrote a commentary up­ try n partlcu lar action. The proceed i n g takes on it in 11�0. (2) A collection of lhe ancient place beroro the under-sheriff or secondary, canons of the apostles, councils, and fathers, and in the presence of the parties' aollritors. without any regard to imperial constitutions. Such is the nomocanon M. J. umbers denoting the persons on the sheritI's by Cotelier. Enc. h t are put into a box and drawn until forty­ Lond. have been nomi­ eight unchullenged persons NOMOGRAPHER. One wbo writes on nated. Each strikes (Iff twelve, and party the subject of 1<1 WS. the remaining twenty-four are returned as the "panel," (q. 1'.) This pracuce is now NOMOGRAPHY. A treatise or descrip­ of la ws, only employed by order of the court or judge, tion Junes Sweet, (m.Ac.laO; ActI870,§ 17.) NOMOTHETA. A lawgiver; such as Solon and the Greeks, and NOMINATION. An appointment or Lycurgus among Cre ar, Pompey, and Lhe Bomaus. designation of a person to fill an otlice or dis­ Sylla awollg Calvin. charge n duty. Theact of suggestlng or pro­ posing a person by name as a candidate for NON. Lat. Not. The common particle an oillce. of negation. NOMINATION TO A LIVING. In NON-ABILITY. Want ot ability to do ecclesiastical In w, The of English rights an act in law, as to sue. A plea founded up­ nominating and of presenting to a Ji Ing are on such cause. Cowell. di tinct, and may re ide in different per ons, NON-ACCEPTANCE. The refusal to Pr ntation is the offering a clerk to the accept anything. bl hop. J.'ominntion is lhe offering n clerk to the p r on \\ bo has the rigb t of present. NON A (;CEPTAVIT. In pleading. The ation. BrOIl n, Dame 01 a pIe to an action of assumpsit NO�-ACCE S 820

N brought against the drawee of a bill of ex­ the entire ubscription ot one bund change by which he denies that he accepted cent. shall have been paid. 1".. "-. the same. NON-ASSUMPSIT. Th NON-ACCESS. In legal parlance. t�lis term denotes the absence of opportunlties for sexual intercourse between husband and undertake" or promise as all ged. wife; or the absence of such intercourse. NON-ASSUMPSIT INFRA E· A '­ Non accipi debent verba in demon­ NOS. lie did not undertake w tl In lx strationem falsam, quee competunt in years. The name of the plea of the I tut limitationem veram. Words ought not to of limitation. in the action ot a t 111 it. be taken to import a false demonstration Non auditur perire vol n. II who Which may have effect by way of true limita­ is desirous to perish is not heard. Be ,E\·. tion. Hac. Xlax, p. 59, reg. 13; Broom, Max, 423, § 385. lie who coute e him df gUIlty 642, of a crime, with tile view of meeung d ith, NON ACCREVIT INFRA SEX AN­ will not be heard. A maxim of the Iorei zn NOS. It did not accrue within six years. law of evidence. Id, The name of a plea by which the defendant NON-BAILABLE. Not admitting of sets the statute of limitations against a up bail; not requiring bail. cause of action which is barred after six .. NON BIS IN IDEM. .. ot for III years. twice same; that is, a man ball not btl twice trl r ON-ACT. A forbearance from action; for the same crime. This maxi III of lhe civtl she contrary to act. 111. w ( ode, 9, 2. 9. 11) expresses the ame NON-ADMISSION. Tbe refusal of ad­ principle as the familiar rule of our law tb: L mission. a man shall not be twice "put in jeoj roy" for the same offense. �ON-AGE. Lack of requiaite legal age. The condition of 3 person who is under NON CEPIT. He liid not take. The twenty-one YAar:-. of age, in some cases, general issue in replevin. where the uction and under fourteen or twelve in others; mi­ tor the wrongful taking of the properly; put. nority. ting in issue not only tile taking, but the . place in which tha taking is stated to b , .Non alio modo puniatur aliquis quam been made. Steph. 1:'1. 1;,7. 167. secundum quod se habet condemnatio. 3 lnst. 217. A person may not be pu n ished NON-CLAIM. The omls ion or negle t dilIerently than according to what. the sen­ of him who ought to claim his right wirhln tence enjoins. the time limited by law; as within year nd a day where a continual claim \\ as requ red, Non aliter a significatione verborum been or within five years after a fine bali recedi oportet quam cum manifestum levied. Termes de la est, aliud sensisse testatorem. We must Ley. never depart from the signification of words, NON-COMBATANT. A person con­ con­ tor unless it is evident that they are not nected with an army or navy, but pur­ sur­ formable to the will of the testator. Dig. 32, poses other than Bghting ; such as the 69, pr.; Broom, Max. 568. geons and chaplains. Atso a neutral. NON-APPARENT EASEMENT. A NON-COMMISSIONED. A non-com­ non-conttnous or discontinuous easement. missioned otlicer of the army or militia I l� N. J. Eq. 262. See EA EME T. subordinate officer who hold' hls rank, not commission from the executive authority NON-APPEARANCE. A failure of by ap­ nt of the state or nation. but by appomtm by pearance; the omission of the defendant to a officer. appear within the time limited. superior NON COMPOS NON-ASSESSABLE. This word, placed n­ sound of mind; in ane. Thi IS 8 very upon a certificate of stock, doe not cancel or eral term, all varietles of m n impair the obligation to pay the amount due embracing the hares created the derangement. upon by acceptance a! four different c and of such certificate. At most its Coke has enumerated holding be non com­ persons who are deemed in law 1.0 effect is a stipulation tara!; legal against liability potu menLi8: Fh' I, an idiot, or fool further asse sment or n d from taxation after ond, he who was e! good and bound m �TO." CO.'CEDANTUR, ETC. 821 XOX DIFFER(iXT, ETC.

has lost a ory, but by the act of God It; third, tlon than he to whose rights I succeed. Dig. tunattc, lllnfltfcu3 qui gatulet luctdts intervaltts, 50, 17, 175, 1. wbo sometimes is of good sound mind and memo­ ry, and sometime' 1lf.m CIJm]Jos mentis; jourtn; Non debet actori Heere quod reo non his own as one wbc is rum eomoo« rnentts by act. permittitur. A plaintiff ought not to be adru.Lkard.O> LLt.. 247a. 4 Coke, 124; 6 Neb. . aIIowed wbtla 8 not ted to a d efend - 4Gl. permit ant. Aruleofthecivi!law. Dig. 50, 17,41. 170 n eoncedantur cttationes prius- I Non debet adduci exceptio ejus rei qur m exp-tmatur super qua re fieri dissolutio. A of toe deb9t cttatio. 12 Coke 47. ummonses eujus petitur plea same matter the dissolution of which is sbol.:rj not be grltntod before it is expressed the not to be 011 wh9.t matte: tc.'3 surumons ought to be sought [by action] ought forward. �lax. 166. mads brought Broom, Non debet alii inter NON CO-,;..'q0ESSI:L' Lat. He did not nocere, quod alios aetum est. A not to grant, Tbg name of a plea denying a grant, person ought be what has been done be­ WhIC�J COJld be made only by a stranger. prejudiced by tween others. Dig. 12. 2, 10. NON-C"lONFORMIST. In English law. Non debet alteri per alterum iniqua One who refuse!" to comply with others; one conditio inferri. A burdensome condition who r�fllses 1,0 join in the established forms ought not to be brought upon one man by et W013111p. the act of another. Dig. 50, 17, 74. . .m-confcrmtsts are of two sorts: (1) 1Jf'1� all absent themselves from divine wor- Non debet cui plus licet, quod minus tIll I iu the Established Church through total est non licere. He to whom the greater is ine·I�llln. and attend the service of no other lawful ought not to be debarred from tue Ie . per-nasion: (2) such as attend tne religious as unlawful. Dig. 50, 17,21; Brtametsi non in erbis iisdem. Those 'XOX DIMrIT 822

N things do not differ which agree in substance, NON EST FACTUM. though not in the same words. Jenk. Cent. way of traver e, which occurs in d case 32. or p. 70, other specialty, and aloin eov n n • denie that the deed menricned in til d I NON DIMISIT. L. Lat. He did not de­

tion is the defendant' deed. Ind r thi . th mrse. A plea resorted to where a plaintiff defendant may contend at the trl I th I the declared upon a demise withoutstating the in­ deed was never executed in pornt of f t; denture in an action of debt for rent. Also, a but he cannot deny it validity in poin of in in to an for ar­ plea bar, replevin, avowry law. Wliartou. rears of rent, that the avowant did not demise. The plea of non est factum i of the in NON-DIRECTION. Omission on the execution of the trument u upon. and La notes or other instrum II part of a judge to properly in truct the jury applies • well as deeds, and when th upon a necessary conclusion of law. apph only ecution of the in trument i a.le ed t DISTRINGENDO. A writ not NON the act of the party filing the plea, or ado to distrain. by him, ode Ga. 1 2,' 3-172. Non dubitatur, etsi specialiter vendi­ NON EST INVENTUS. L.lt. II Is tor evictionem non promiserit, re evic­ not found. The heriff's return to proe re­ ta, ex empto oompetere actionem. It quiring him to arre t th body of the d f I­ is certain that, altnccgh the vendor has not ant, when the latter i not round" ithin h given a special guaranty, an action ex empto jurisdiction. It i often ubbrevi It "fl. e. lies asrainst him. if tl.e purchase- is evicted. i.," or written, in Engli h, "not found." Code, 8, 45,6; Broom, Max. 768. Non est justum aliquem antenntum Non efficit affectus nisi sequatur ef­ post mortem facere bas dum qui toto fectus. The intention amounts to nothing tempore vitse sure pro legitimo babe­ unless the effect follow. 1 Rolle, 226. batur. It is not ju t to make an elder-born a bastard afLer his death, who dunne hi lif Non erit alia lex alia Athrenis Romse, j time was accounted legitimate. L.. oke.44. alia nunc, alia posthao j sed et omnes Non est novum ut priore lege ad gentes, et omni tempore, una lex, et trahantur. It is DO new sempiterna, et immortalis continebit. posteriores thIng that statutes hould I t r There will not be one law at Rome, another prior give plac ones. I, 3, 36; Broom, Max . .! . at Athens: one law now, another hereafter; Dig. but one eternal and immortul law shall bind Non est regula quin fallet. There I nO all together nations throughout all time. rule but what may fail. Off. Exec. 12. Cic. Frag. de Repub.Iib. 3; 3 Kent, Comm. 1. Non est singulis concedendum, quod Non est arctius vinculum inter hom­ per magistratum publice pas it fierI, ne ines quam jusjurandum. There is no occasio sit ma.joris tumultu faciendi. closer [or firmer] bond between men than an That is not to be conceded to private p' on I I trute, oath. Jenk. Cent. p. 126, ca e54. which can be pu bl icly done by the III lest it be the OCCil ion of greater tumul • Non est certandum de juris. regulis Dig. 50, 17, 176. There is no disputing about rules of law. ed Non ex opimontbua singulorum, Non est consonum do­ rationi, quod cog­ ex communi u i, nomina. e audir; nitio accessorii in curia. christianitatis be un­ bent. The name of things ought If! impediatur, ubi causes 0(10- cognitio princi­ derstood. not according to th opinion ad forum palis ecclesiasticum noscitur di vid uals, but according to common u 12 It is un pertinere. Coke, 65. reasonable Dig. :33, 10, 7,2. that the cognizance of an accessory matter Non facia malum, ut indefiatbonum. should be impeded in an ecclesiastical court, m b or You are not to do evil, that '0 1 • when the cognizance of the principal cause result. therefrom. 11 Coke, lola; 5 ke, is admitted to appertain to an ecclesiastical e court. NON FECIT. Lat. II did not m it on a it. A pi a in an action of as 1 Non est disputandum contra. prin­ 44 . promissory note, :3 �laD. & G. cipia. negantem. Co. Litt.343. We can­ CO TBA not di pute against a man w ho denies first NON }'ECIT VASTUM t principles. PROHIBITIONEM. lie did 0 t como .,. -

.. ..:0 .... HlEC L.'" F

waste fl;;alnst the prohilJition. A plea to an any benefit thereof, but to put him to his action rounded on a writ of estrepement for writ of right. Reg. Orig. 4. \'1"3�. 3 Bl. Comm. 226, 227. NON-ISSUABLE PLEAS. Those up­ NON HlEC IN FCEDERA VENI. I on which a deciston woul.t not determine did not to these terms. agree the action upon the merits, as a plea in Non rmpedit clausula derogatoria quo abatement. 1 Chit. Arcub. Pr. (12th Ed.) minus ad eadem potestate res dissol­ 249. vantur a qua constrtuuntur. A derogatory NON-JOINDER. The omission to join clause does not impede things frum being some person as party to a suit. whether di. solved by the san-e power by which they as plaintiff or defendant, who ought to are created. Broom, Max. 27. ba ve been so jo ned. according to the rules NON IMPEDIVIT. Lat. lIe did not of pleading and practice. Imp-de. The plea of the general issue in NON JURIDICUS. Not not quare tmpedit; The Latin form of the law judicial; Dies non is a on which French "ue disturba pas." legal. juridicus day legal proceedings cannot be had. NON IMPLACITANDO ALIQUEM DE LIBERO TENEMENTO SINE NON-JURORS. In English law. Per­ BREVI. A writ to prohibit bailiffs. etc., sons who refuse to take tbe oaths, required from distrainmg or impleading any man by law, to support tbe government. touching his freehold without the king's Non jus ex regula, sed regula ex writ. Reg. Orig. 171. jure. The law does not arise from the rule, Non in legendo sed in intelligendo (or maxlm.) but the rule from the law. legis conststunt, The laws consist not in Tray. Lat. �lax. 384. being read, but in being understood. 8 Non sed seisin facit Coke. 167a. jus, a, atipttem. Not right, but seisin, makes a stock. Fleta, NON INFREGIT CONVENTIO- lib. 6, c. 2, § 2. It is not a mere ri:Jht to en­ NEM. Lat. lIe did not break the contract. ter on lands, but actual sei in, whi 'h makes The name of a in plea sometimes pleaded the a person the root or stock rrom which all fut­ action of and as a covenant, intended general ure inheritance by right of blood must be de­ is ue, but l.Jeld to be a bad plea; there being, rived. 2 Bl. Comm. 209, 312. ee Broom, properly speaking, no general issue ill that Max. 525, 527. action. 1 Tldd, Pr, 356. Non ucet quod dispendio ticet. That NON-INTERCOURSE. 1. The refusal which may be [done only] at a los is not al­ of one state or nation to have commercial lowed [to be done.] The law doe not per­ dealings with another; similar to an em­ mit or require the doing of an act which will barge. (q. e.) result only in loss. The law forbid such 2. The absence of access, communication, recovene whose ends are vain, chargeable, or sexual relation between husband and and unprofitable. Co. Lilt. 127b. wife. NON LIQUET. Lat. It is not clear. NON INTERFUI. I was not present. In the Roman courts, when any of the judges, A note, T. 10. reporter's Jones, after the hearmg of a cause, were not ntis­ case was m Ide clear for NON I TROMITTANT CLAUSE. fieu that the euough to a verdict, they were In English law. A clause of a charter of a them pnlDuunce priv­ this a bal­ municipnl borough. whereby the borough is ileged to signify opinion by casting with the letters ...T. L., .. the e erupted from the [urisdicuon of the jus­ lot inSCribed form of tbe phrase" non liquet." tice of the pence tor the county. abbreviated

NONINTROMITTENDO, QUANDO NON MERCHANDIZANDA VICTU­ writ sed to BREVE PRlECIPE IN CAPITE SUB­ ALIA. An ancient addre jus­ DOLE IMPETRATUR. A writ-addressed tices of as ize, to inquire whether the magis­ a town 'old victuuls In s or to the ju nee of the bench, 01' in eyre, com­ trate of gro by the time of their 10 office, manding them not to give one who, under retell. d urmg being to an ob olete statute; lor of entitling th kin" to land, etc., as w bich was contrary if did. holding of him ;11 C01Jite. had deceitfully ob­ and to puni::;h them they Reg. Orig. tained tb writ c dIed "pracipe in capite," 184. NOS ..hlOLE TAXDO J.:�O_· POTE T. ETC.

N NON MOLESTANDO. is Awritthatlay honorable. Dig. 50.17. 144; 4 Johns. ("'h. for a person who was molested contrary to 121. tile k ing's protection granted to him. Reg. Non omnium Orlg, 184. quss a majoribus nos­ tria constituta sunt ratio reddi pete t. Non nasci, et natum mori, paria sunt. There cannot be given a rea on for 11 the are Not to be born, and to be dead-born, the things which have been e tabli hed !J,. our same. ancestors. Branch, Prine.; 4 Coke: ; ; Broom, Max. 157. NON-NEGOTIABLE. Not negotiable; not capable of passing title or property by in­ NON-PAYMENT. The ned ct. r llure, dorsement and delivery. or refusal of payment of a debt or tn-i llO!! of debt when due. Non obligat lex nisi promulgata. A law is Dot unless it be obligatory promul­ NON-PERFORMANCE.•Te:::ll'Ct. fail­

- gated. ure, or refu al to do or perform n act tpu­ lated to be done. Failure to the t rm Non observata forma, infertur adnul­ keep of a contract or covenant, in r to c latio actus. Where form is not observed, an pect or doings agreed upon. annulling of the act is inferred or follows. 12 Coke, 7. Non pertinet ad judicem eculnrem cognoscere de tis quee sunt mere pt­ NON OBSTANTE. Lat. Notwith­ ritualia annexa. 2 In t. 4 . It belones standing. Words anciently used in public not to the secular judge to take c "1117. n and private instruments, intended to preclude, of things which are merely pirit.ual. in advance, any interpretation contrary to certain declared objects or purposes. Burrill. NON-PLEVIN. In old En:!1i h law. De­ A clause frequent in old English statutes fault in not replevying land in due time, \\ hen and letters patent, (so termed from its i nitial the same wa taken by the kina upon de­ words.) importing a license from the crown fault. The consequence thereof (10 or to <10 a thing which otherwise a person would in) was abrogated by 'to 9 Edw. Ill. c. be restrained uy act of parliament from do­ NON PONENDIS IN ASSISIS ET ing. Crabb, Com. Law, 570; Plowd. 501; JURATIS. A writ for Cowell. formerly granted freeing and dlschargrug persons frOID erv­ A power in the crown to dispense with the ing on assizes and juries. Fitzh...:at. Brev. laws ill any particular ca e. This was abol­ 165. ished by the bill of rights at the Revolution. 1 BI. Comm. 342. Non posses ori incumbit nece It88 probandi possesaione ad se pertmere. NON OBSTANTE VEREDICT O. A person in po se sion is not bound to I'IOV$ NotWithstanding the verdict. A judgment that the possessions belong to him. Broom, entereJ by order of court for the al­ plaintifl', Max. 714. though there has been a verdict for the de­ fendant. is 80 called. Non poteat adduci exceptio ejus rei cujus petitur dissolutio. n e: eeption Non offlcit, conatus nisi aequatur er­ of the same thing whose avol.lance is sought fectus. An attempt doe not harm unless a cannot be made. Broom. Max. 166. con equence follow. 11 Coke, 98. Non potest probari quod probatum NON OMITTAS. A clause usually in­ non relevat. 1 Exch. 91,92. That ennnot serted in writs of execution, in di­ England, be proved which. if proved, is immatenal- recting the sheriff "not to omit" to execute '0 \\ sine brevi .• the rit by reason of any liberty, because Non potest quia agere one can sue without a writ. Fh:ta, lib. �,c. there are many liberties or districts in which A fundamental rule of old rnetlce, the heriff has no power to execute process 13, § 4. I unle s he has 2 special authority. Steph. Non potest rex gratiam facere cum t;olUm. 630. injuria et damno aliorum. The king can­ Which • Non omne damnum inducit injuriaro. not confer a favor 011 one ub] ct other. 3ln t. It is not every loss that produces an injury. easions injury and loss to Bract, [01. 45b. 236; Broom, lax. 63.

Non orone quod ticet honestum est. Non potest rex ubditum ran tcntcm o· It i not everything w Inch is permitted that onerare impositionibus. The king n ... "" 0 ...... POTE T VLDERI, ETC. 825 NON tnr U"'FORMATUS

103«1 a subject with imposition against his idence; in which case be is to be discharged. con ent. 2 Inst. 61. Heg. Orig. 58.

Non potest videri desisse habere qui Non respondebit minor nisi in causa nunquam habuit. lie cannot be considered dotis, et hoc pro favore doti. 4 Coke, 71. A a! b.wing ceased to have a thing who never minor sh 1)1 not an swer n nles in a had It. Dig. 50, 17,208. case of dower, and this in favor of dower,

NON PROSEQUITUR. Lat. If, in NON SANlE MENTIS. Lat. Of un­ � the proceeding- n an action at law. the plain­ sound mind. Fie a. lib. 6, c. 40. 1. tiff nf'g:cct to take any of those step w hieh NON-SANE. As "sane," when applied lie ought to lakp w ithi n the tim .. prescribed hy to the mind. means whole, sound, in a hea.th­ till practice of the COUI t for that purpose, the ful Slate, "non-sane" rm st mean not whole, def"n(j.wt may enter judgmr-ut of non pros. not a sound. not in healthful state; that i , nst him. \\ hereby it i adjudged thai the ag.1 broken. impaired, shattered, infirm. weak, plaintiff does not foUow up (nrm prosequitu1·) diseased, unable, either from nature or acci­ his suit as he ought to do, and therefore the dent. to perform the rational function com­ d fpnuant ougl t to have judgment against mon to man upon the objects presented to it. him. Smith, Act. 96. 5 N. J. Law. 5 9,661. NON QUIETA MOVERE. Lat. Not NON-SANE MEMORY. Unsound to rll turb what is settled. A rule express­ memory; unsound mind. ing the same principle as that of stare decisis, (q." ) NON SEQUITUR. Lat. It does not follow. Non quod dictum est, sed quod factum Non 80 e t inspicitur. Not what is said. but what len t quee abundant vitiare Is done. is rezarded. Co. Litt. 36a. scripturas. upe i Iluitres [things which abound] do not usually vitiate writings. Non refert an quis assensum suum Dig. 50,17.9-1. pr fert verbts, aut rebus ipsis et factis. Non solum sed est 10 Coke. 52. It matters not whether a man quid ticet, quid conveniens, e t constderandum ; quia gi ves his as. ent by his words or by his acts nihil est inconvenien est licitum. lind deeds. quod Not only what is lawful, but \\ hat i proper Non refert ex quid requipollentibus or con venient, is to be con. irlered ; bel .iuse

fiat. 5 C(lke, 122. It matters not which of CT \\ . noth i 11 thut is incou ven ient is 1.1 ful. Co [two] equivalents happen. Lilt. Goa.

Non refert quid notum sit judici, si NON SOLVENDO PECUNIAM AD notum non sit in torrna judicii. It mat­ QUAM CLERICUS MULCTATUR PRO t 1"8 not what is known to a judge, if it be NON-RESIDENTIA. A writ prohibiting not known in judicial form. 3 Bulst, 115. an ordinary to take a pecuniary mulct imposed .A leading maxim of modern law and prac­ on a clerk of the sovereign for non-residence. tice. De t, Ev. Introd, 31, § 38. Reg. Wnt. 59.

Non refert erbis an factis fit revo­ NON SUBMISSIT. L'lt. He did not

catio, 1'0. ar , 49. It matters not whether submit. A. plea to all aet ion of deht, on a a revocation j ma Ie by words or dee Is. bond to perform an award, LO the effect that the defendant did nut submit to tile arbitra­ NON-RESIDENCE. Re ideuce beyond tion. the linuts of lhe particular juri. diction. NON SUI JURIS. Lat. Sot hi. own In eccle iastical law. The absence of master. 'I'he of ui.,"l'ri'. splrituul per ons Iroru their benefices. opjostte (q.lJ.)

NON SUM INFORMATUS. Lat. I NON-RESIDENT. One who is not a am not informed; I hare m t been instructed. dweller within some juri diction in question: The nume of a of de­ Dot an inhabitant of the state of lhe foruw. pecies judgment by fault, which is e ntered when the defend lilt's NON-RESIDENTIO PRO CLERICO attorney unnou nee that he i 1I0t Informed of in REGIS. writ. n lire ed to a bi hop. any 'In' wer to be gi ven by 111m; usually '111� h III not a be­ �har to mole t a clerk ernptoyed PUL uance of previous rrangeuient III the royal service. by reason of Iris non-res- tw en tile I urties, NON-S1J�DlO.x ,ETC. 820 .... 0.·.£ ET DECl •

N NON· SUMMONS, WAGER OF LAW NON VALENTIA AGERE. In 'Iii s

OF. The mode in which a tenant or defend­ to sue. 5 Bell. App. C' . 1;2. ant in a real action pleaded, when the sum­ Non valet confirmatio, ni 1 ilie, qui mon which followed the original was not confirmat, sit in po e lone rei et ju­ served within the proper time. ris unde fieri debet confl.rma io; et eo­ Non temere credere est nervus sapi­ dem modo, nisi ilie cui confirm tio fit

entire. 5 Coke, 114. Not to believe rashly sit in posse sione. Co. Litt. _ -. is the nerve of wisdom. firmation is not valid unles he who confirm is either in po e 'ion of the thin it f r NON TENENT INSIMUL. Lat. In . of the right of wh ch contirmation A to an action in pleading. plea partition, made, and, in like manner, unl by which the defendant denies that he and whom conflrmat.on is made i in po the plaintiff are joint tenants of the estate in question. Non valet exceptio eju dem rei cuju petitur dissolutio. A plea of th un NON TENUIT. Lat. Hedid not hold. matter the di elution of which is . oueht, i This is the name of a in bar in plea replevin, not valid. Called 1\ "maxim of law and m­ by which the plaintiff that he did not alleges mon sense." 2 Eden, 134. holcl in manner and form as averred, being given in answer to an avowry for rent in ar- Non valet impedimentum quod de rear. ee Rose. Real Act. 638. jure non sortitur effectum. 4 Coke. 3la. An impediment which does not derive its ef­ NON -TENURE. A plea in a real action, fect from la w is of no force. by which the defendant a serts, either as to Non sed im­ the whole or as to some part of the land men­ verbis, ipsi rebu, lege tioned in the plaintiff's declaration, that he ponimus. Cod. 6, 43. 2. We Imp e laws, not but themselv . does not hold it. Pub. t. Mass. 1882, p. upon words, upon thing' J�U3. Non videntur qui errant COD entire. \1 ho NON-TERM. The vacation between They are not considered to con 'ent two terms of a court. commit a mistake. Dig. 50. Ii, 116, :!; Broom, Max. 262. NON-TERMINUS. The vacation be­ 'e t tween term and term, formerly called the Non videtur consonsum retinui ex minsntis aliquid time or days of the king's peace. quis prrescripto immutavit. lie does not upp ar to 11:\\ re­ NON-USER. �·e�lect to nse. Neglect tained consent. who has changed anything a to use franchi se: neglect to exercise an of­ through menaces. Broom. Max. 2; . fice. 2 TIl. Comrn. 1.:;3. �·eglect or omis­ Non videtur perfecte cuju que id c e. sion to lise an easement or other right. 3 quod ex casu auferri pote t. That d Kent, Comm. 44. A rtght acquired by use not seem to be one sown which may be 10 t by non-user. completely can be taken from hun on occasion. Dic!.", NON USURPAVIT. Lat. TIe has not 17, 1:39, 1. usurped. A form of traverse. in an action Non videtur quisquam id capere quod or proceeding aga.nst one alleged to have ei necesse est alii restitutere. J>ig. ro, usui an otllce or ped franchise, denying the to r 17, 51. � 0 one is con idered entitled ee usurpation charged. 53 Pa. 'to 62. I r, cover that which he must gil"e up to. not

Non valebit felonis nee ad generatio, Non videtur vim fa.cere, qui jure ,UO hreredltatem paternam vel maternam; utitur et ordinaria actione c peritur. si autem ante feloniam generationem lIe is not deemed to use force wuo ere fecerit, talis generatio succedit 1n hrere­ � his own right. and proceeds by on] n Irf dItate patris vel matris a quo non fu­ tion. Dig. 50. 17. 155, L erit [elonia perpetrata. 3 Coke, 41. The m II 011-1'1' llJ of a felon cannot succeed en her to NONlE ET DECIMlE. Payruen n n of a lila ernal or paternal inheritance; but, if to the church, by those 1\ ho v: re he had otfspring before the felony. such off­ church-farm. "The first Wit. a r nt or duty as to the ; tI sprlng mny ucceed inheritance of for things belonging to hu b. ndry \\ t e eI the f.Lther or mother by horn the felony ond was clauued in right of

wa lint committt'f1. Whalton. _'0. -AGIUM 827 NOT GUILTY BY TAT{)TE

NONAGIUM, or NONAGE. A ninth I mal condition; t. e., suijuris and sound in ,1r' f m ov ab.es which was paid to the clergy mind. on th death ot persons in their parish, and NORMAN FRENCH The tongue in claimed on pretense ot being distributed to W h'ICI 1 several fl'orma proceedimgs 0 f state . pious USI'S. Blount. . are st'llI carned on. The language, having NONES. In the Roman calendar. The remained the same since the date of the fiftb and, in March, May, July, and October, I Conquest, at which it was introduee.l into t1.e seventh day of the month. ::>0 called be- England, is very different from the French cau e, counting inclusively, they WMe nine of this day, retaining all the peculiarl ties days from the ides. Adams, Hom. Ant. 355, which at that time distinguished every prov- 357. ince from the rest. A. peculiar mode of pro­ n unciation (considered authentic) is handed NONFEASANCE. The neglect or fail­ down and preserved by the officials who ure ot a person to do some act which he ought have, on particular occasions, to speak the to do. The term is not generally used to de­ tongue. l: orman French was the language Dote 11 breach of contract, but rather the fail­ of our legal procedure till the 36 Edw. Ill. ure to a duty towards the public perform Wharton. wln-reby some indi vid ual sustains special dam 'ga, as where a sheriff fails to execute a )'T()RROY. In English law. Thetitleof writ. sweet. the third of lhe three kings-at-arms, or pro­ vincial heralds. NONNA. In old ecclesiastical la w. A Dun. Nonnus, a monk. Spelman. NORTHAMPTON TABLES. Longev­ ity and annuity tables corupiled from bills of NONSENSE. matter in Unintelligible mortality kept in All amts parish, Eng­ • written or will. agreement land, in 1735-17 O.

NONSUIT. Not following lip the cause; Noscitur a sociis. It is known from its failure on the of a to continue part plaintiff associates. 1 Vent. 225. The meaning of a the of his suit. An abandon­ prosecution word is or may be known from the accom­ ment or renunciation of his suit, by a plain­ panying words. 3 Term H. l:I7; Broom, Max. tiff, either by omitting to take the next nee­ 588. es ary steps, or voluntarily rellnqulshmg the Noscitur ex socto, qui non eognos­ action, or pursuant to an order of the court. citur ex se. Moore, 17. lie w 110 cannot n order or judgment, granted upon the trial be known from himself may be known from of 1\ cause, that the plaintiff has abandoned, his associate, or shall abandon, the further prosecution of his suit. NOSOCOMI. In the civlllaw. Persons A t'olllntary nonsuit is one incurred by who have the management and care of hos­ the plaintiff's own act or omission, lind is a pitals for paupers. enter d him as a conse­ Judgment ngnlnst NOT FOUND. These words, indorsed 'luellce uf his abandonmg or not following on a. bill of indictment by a grand jury, have up his cause, or being absent when Iris pres­ " the same elTt'ct as u.e indorsement ..Tot a ence is r quired. true bill" or "Ignoramuli." n inroluntarp nonsuit is ajmlgment en­ tNI'!! again L the plnintiff by direction of the NOT GUILTY. A plea of the general action of and case and court when, upon trial, he has not adduced issuo in the trespass any evidence on which the jury could find a in criminal prosecutions. verdict under the rules of law. The form of the verdict in criminal cases, where the jury acquit the prisoner. 4 Bl, NOOK OF LAND. Twelve acres and a Corum. 301. h It. NOT GUILTY BY STATUTE. In NORMAL. Opposed to that exceptional; Enaltsh practice. A plea of the general is­ tnt \\ herein most com any body exactly porte v sue by a defendant ID a ci il action, whe-n he in 1111 it part with the ab tract idea thereof, intends to gl\ e special matter in evidence by nnd is mo. t. exactly fitted to its perform virtue of ome act. or ac of parliament, in proper functions, j entitled" normal. " which Cit e he must add the reference to such tate wnether such acts are NORM L LA • A. term employed by act or acts, and IDO I rn writers on [urt prudence to denote public or otherwise. But. if a defendant so U. I \\ as a be ,,:10"00 to it -ct per 'on w 110 ar in a nor- plead, be will not plead any NOT POS E "ED 828

other N defense, without the leave of the court negotiable promi ory note. SPe B l'OUT or a judge. Mozley & Whitley. NOTE; NOTES; JeD llEXT .- 'T ; P. ISSORY NOTE; OLD ��OTE. NOT POSSESSED. A special traverse used in an action of trover, alleging that de­ NOTE A BILL. When 1\ Iorel ... n Mil fendant was not po sessed, at the time of ac­ has been di honored, it i u unl for I n t If tion brought, of the chattels alleged to have public to pre ent. it ag.ilu on the 1111 d I�:. been converted by him. and, if it be not then paid, to make minut. consisting of hi irutiuls, the d y. month. NOT PROVEN. A verdict in a Scotch and year. and reason, if of n n- criminal to the effect that the of assigned, y­ trial, guilt - ment. The making of this minut c ,lied the accused is not made out, though his in­ the bill." Wharton. nocence is not clear. "noting

NOTE OF A FINE. In old ov V NOTA. In the civil law. A mark or One of the of a lne of land. brand put upon a person by the law. Mac­ ancing, part an abstract of the writ of coven. keld. Rom. Law, � 135. being nt, and the concord; naming the p. rti ., the NOTlE. In civil and old law. European parcels of land, and the agreement. 2 Bl, Short-hand characters or marks of contrac­ Comm.351. tion, in which the emperors' secretaries took NOTE OF In En ..l!. b down what they dictated. Spelman; Calvin. ALLOWANCE. practice. This was a note delivered by NOTARIAL. Taken a by notary. master to a party to a can se, who alleged that NOTARIUS. Lat. In Roman law. A there was error in law in the record and pro­ him error. draughtsman: an amanuensis: a short-hand ceedings, allowing to bring writer; one who took notes of the proceed­ NOTE OF HAND. A popular name for ings in the senate or a court, or of what was a promissory note. dictated to him by another; one who prepared draughts of wills, con veyances, etc. NOTE OF PROTEST. A memorandum In old English law. A scribeorscrive­ of the tact of protest, indorsed by the notary at to be atterw irds ner who made short draughts of writings upon the bill, the time, and other instruments; a notary. Cowell. written out at length.

NOTARY PUBLIC. A public officer NOTE OR MEMORANDUM. The whose function is to attest and certify, by statute of frauds requires a "note or m m­ " his hand and official seal, certain classes of orandum of the particular transaction to documents, in order to give them credit and be made in writing and signed, etc. By th s autheutictty in foreign jurisdictions; to take is generally understood an informal miuute '00 14 acknowledgments of deed and other convey­ or memorandum made on the spot. ances, and certify the same; and to perform :-lIns. 492. certain ollicial acts, in commercial chieHy NOTES. In practice. Memoranda made matters, such as the protesting of notes and by a judge on a trial, as to the svldence IId­ bills, the of drafts, and marine noting foreign duced, anti the points reserved, etc. A copy protests in cases of loss or damage. from of the judge's notes may be obtained his NOTATION. In English probate prac­ clerk. notation is the act of a memo­ tice, making NOTHUS. Lat. In Roman law. AD f,­ randum of some circumstance on a special ural child or a person of spurious birth. probate or letters of administration. Thus. th where a grant is made for the whole personal NOTICE. Knowledge; information; estate of the deceased within the United King­ result of observation, whether by the en exl ten e of dom, which can only be done in the case of a or the mi nd; knowledge of the kno rI· per on dying domiciled in England, the fact a fact or state of a ff.lir'l ; the means of of his having been so domiciled is noted on edge. Used in this sense in such ph the grant. Coote, Prob. Pro :36; weet. "A. had notice of the con vers on," "a pur­ chaser without notice of 11·,IIIU," etc. NOTE, e. To make a brief written state­ t. m 0 80 by to Notice Is either (1) statULOrj, eo, ment; enter a memorandum; as to note cb bnD legislative cnactrnent t (2) actual. \Vh an to exception. the knowledge of a fact directly home b b party; or (3) constructive or Impll • NOTE, n. An ab tract, a memorandum; no more than evidence of facb which an informal statement in writing. Also a strong presumption of notice that _-OTICE 829 NOTICE TO PRODUCE

Constructive alIowtbe presumption to be rebutted. NOTICE OF DISHONOR. When a notlce may be subdivided Into: (a) Where there . negotiabl e bill or note is dishonored by non- exists actual notice of matter, to which equity has on entment for added constructive notice of facts, which an in- acceptance pre acceptance, qnlry after such matter would have elicited; and or by non-payment at its maturity, it is the (1,) where there has been a designed abstinence duty of the holder to give immediate notice Crom for tbe very purpose of escaping ncr inquiry of such dishonor to the drawer, if it be a 11111, tire. Wharton. , and to the Indorser, whether it be a bill or _·o'.Ice is actual when It Is directly and person-

note. 2 - Inst. . ally givcn to the party to be notified; and Daniel, -ego § 970

•tructive when tbe party, by circumstances, ill . OF JUDGMENT. It IS re- PU�'I"on inquiry, and must be presumed to havecon-, �OTICE UJrP..d statute 'n several of the states that bal nonce, or, by judgment of law, is held to have q by hal noucc. 14 Ga. 145. the party for whom the verdict in an action who has actual notice ot circum- Every person has been given shall serve upon the other stancea suOlcient to put a prudent man upon in- party or his attorney a written notice of the qui.) as to a particular tact has constructive ncr time when is entered. The time al­ nee o! tbe fact itself In all cases in which, judgment for an runs by pro ecuting such inquiry, he might have lowed taking appeal from such I arnod such fact.. Civil Code VaL § 19. notice. Actual notice consists in express Information of 8 tact. Con-tructlve notice is notice imputed by NOTICE OF LIS PENDENS. A no­ the law to a person not having actual notice; and tice filed for the purpose of warning all per­ who has actual notice of circum­ every person sons that tlte title to certain property is in lI\.8nCl'3 suOlcient to put a prudent man upon in­ Ii and that, if the de­ quiry as to a particular fact, and who omits to ligation, they purchase make such Inquiry with reasonable diligence, Is fendant's claim to the same, they are in dan­ deemed to have constructive notice of the fact ger of being bound by an adverse judgment. lu.!lt. 1 Dak, T. 39'J, 400, 4a N. W. Rep, 1134, NOTICE OF MOTION, A notice in In another sense, "notice" means infor­ writing, entitled in a cause, that, on a mation of an act to be done or required. to be st.iting certain day designated, a motion will be made done; as of a motion to be made, a trial to be to the court for the purpose or object stated, bad, a plea or answer to be put in, costs to be taxed, etc, NOT ICE OF PROTEST. notice this sense, "notice" means an or In advice, writ­ gi yen by the holder of a bill or note to the ten in more or less formal Intend warning, shape, drawer or indor er that the bill has been pro­ ed to apprise a person of some proceeding in which tested for refu OIl of or bls Intere ts lire involved, or informing him of payment acceptan-ce. some fact which it is his right to know and the NOTICE OF TRIAL. A notice given duty of the notifying party to communicate. by one of the parties In an action to Lhe other, NOTICE, AVERMENT OF. In plead­ after fin i . ue ha been reached, that he in­ tends to cause forward for trial at Ing The allegation in a pleading that notice bring the bas been given. the nex t term of the court,

NOTICE IN LIEU OF SERVICE. NOTICE TO ADMIT. In the practice of the h either to an 111 lieu of personally serving a writ of sum­ Englt high court, party mons (cr other legal process.] in English action may call on the other party by notice to admit the existence and execution of practice, the court occa ionally allows the any plalntifl' (or other party) to give notice in lieu document, in order to save the expense of it at the trial; and the refus­ otsenice, such notice being such as will in all proving party prohability reach the party. This nonce is ing to admit must bear the costs of proving it unless the certifies that the refu al peculiurlyappropri te in the case of a foreign­ judge �

_ co of er out of the juri diction, whom it is desired to admit was rea enable. 0 ts prov­ a in to serve with II wru of summons. weet. ing document will general be allowed, unles such a notice is given. Rules of NOTICE OF ACTION. When it is in­ Court, xxxiI. 2; weet. tended to sue certain particular individuals, NOTICE TO a liS In tbe case of actions against juatices of PLEAD. This i notice which, in the of some, tate, is the peace, iti nece 'ary in omejurisdictions practice pre­ ite to the default. to give them notice of the action some time requi taking judgment by b ·fore. It proceeds from the plaint ff, and warns the defendant that he IU ust plead to the declara­ NOTICE OF APPEARANCE. A no­ tion or complaint w it hin a prescribed time. tlc� gl ven by defendint to a plaintiff that he apl'f'lIr In th actl II n I' rson or by nttor­ NOTICE TO PRODUCE. In practice lIey. .A notice in writing, given in an action at XOTICE TO Q"'ClT 8ao

N law, requiring the opposite party to produce NOTORIOUS. In the law of a certain de cribed paper or document at the trial. Chit. Archb. Pro 230: 3 Chit. Gen. Pro 834.

NOTICE TO QUIT. A written notice g'1 'en by a landlord to his tenant, stating that tile former desires to repossess himself of the demised premises, and that the latter is re­ NOTOUR. In no. quired to quit and remove from the sam e pen; A notour at a time designated, either at the expira­ torious. bankrupt i ad btor who, under • n I c lion tion of the term, if the tenant is in 1I nder being diligence by boruinz II of his retires to anctu or b­ a lease, or immediately, if the tenancy is at creditor, ry or defend and i Iterw rds will or by sufferance. The term is also some­ sconds b.v force, ion. nil. times applied to a written notice given by foundinsolventbythecourtofse tenant the to the landlord, to the effect that Nova constitutio futuri formam im­ he intends to the demised and quit premises ponere debet non prseteritts. n r deli ver possession of the same 011 a day stale of the law oucht to affect lhe Iuture, named. not the past. 2 In t. 292: Broom. � ·.34. 37. NOTIFY. In legal proceedings, and in respect to public matters, this word is gen­ NOVA CUSTUMA. The name of an im­ erally, jf not universally, used as importing position or duty, See .'TIQUA csrr .\. a notice given by some person, whose duty NOVASTATUTA. �ew.tatut .• n it was to give it, in some manner prescribed, appellation sometimes given to the, t.itute and to sorue person entitled to receive it, or which have been pa I'd since the beeinnlnx be notified. 31 Conn. 3tH. of the reign of Ed ward III. 1 teph. Comm. NOT!NG. As soon as a notary has 68, made and demand of a bill of presentment NOVlENARRATIONES....�ewcol1nt. or of n exchange, at some seusonable hour the The collection called" Nova NarraUtme he makes a minute on the same day, bill, contains pleadings in actlons during the r 'i n or on a ticket attached thereto, or in his of Edward Ill. It con ists princi] ally"Ctl book of of his initials, the r registry, consisting larations, as the title imports; but ther and of month, day, the refusal . year, accept­ sometimes pleas an subsequent pleadln or the if - ance payment, reason, any, nssigued The Articult all Nooas Narrations i u u: such refusal, and his of for charges protest. ly subjoined to this little book, and i I mall This i the towards the It fir t preliminary step pro­ treatise on the method of pleading. and is called 2 test, "noting." Daniel, Neg. treats of actions and courts, and then 939. Inst. § through each particular writ, and uie decla­ ration with d r .tlens, NOTIO. Lat. In the civil law. The upon it, accomp.mied and illustrated by precedents. 3 Heeve, power of hearing and trying a matter of fact: Eng. Law, 152: Wharton. the power or authority of a judex i the power of hearing causes and of pronouncing sen­ NOVALE. Land newly plowed and con tence, without any degree of jurisdiction. verted into tillage, and which hi not b n I Calvin. tilled before Within the memory of man; fallow land. NOT I T I A. Knowledge; information; law. Ll\ndthllt 1U.dhgence; notice. NOVALIS. In the civil rested a year after the first plowing. lJig. dicitur a noscendo; et notitia Notitia 50, 16, 30, 2. -, on debet claudicare. Notice is named Novatio non • -ovation a knowledge being had ; and notice prresumitur. !roru 1()IJ. not IIalk. Lat.• lax. cught not to halt, [i. e., be imperfect.] 6 presumed. u tltu­ Cokt',29. NOVATION. .Tovaljon i the an l­ tion of a new debt or olJli"atioJl tor The Scotch form of "nota­ N"OTORIAL. CI 'il Code ing one. ivil Code al. isso. J-)."" (g. e.) Bell. Dak. § 863 . of t 0 a con I NOTORIETY. 'lne state of being noto­ ... ovation is contract, ling well known. to e an x riOUS or universally stipulations,-one ,ting"i.h B31

I obligation; the other to suhstitute a new one work. This was a pecies of remedy in the ci vii Code La. art. 2185. In its place. Civil 1,IW, available to a per·on who thought his a technical term The term was orlglnally rights or his property were threatened with ot the civil law, but is now in very general injury by the act of his neighbor in erecting American or use in English and jurisprudence. demolishing any tructure, (which was .. In the civil law. the·e are three kiuds of nova- called a new work.") In such case. he Where the debtor and creditor remain too: (1) might go upon the ground. while the work the same, but a Dew debt the place of the old takes. was in and azatnst progresso· publicly protest 0 one' (2) where the debt remains the same, but a or forbid its new'debtorissubstituted; (3) Where the debt and completion, in the pre ence of the debtor remain, but a new creditor is substituted. workmen or of the owner or his repre- 48Af.i 8.451. I sentalive.

NOVEL ASSIGNMENT. See NEW NOVIGILD. In axon law. A pecuni­ .A.s: 10.· tF:NT. ary satisfaction for an injury, amounting to NOVEL DISSEISIN. See AssrSE OF nine times the value of the thing for which

it was man . .. OVEL DI zt IN. paid. pel

NOVELLE, (or NOVELLE CON­ NOVISSIMA RECOPILACION. (Lat­ New STITUTIONES.) constitutions; gen­ est Compilation.) The title of a collection of erully trauslated in Englisb, "Novels." The Spanish law compiled by order of Don Carlos Latin name of those constitutions which IV. in 1805. 1 White, Recop, 355. were issued by Justinian after the publica­ tlon of his Code: most of them being orig­ NOVITAS. Lat. Novelty; newness; a Inally written in Greek. After his death, a new thing.

collection of Hj8 ... Tovels was made, 154 of Novitas non tam utilitate prod est which had been issued by Justinian, and the quam novitate pcrturbat, A novelty dot'S r t by his successors. These were after­ not benefit so much by its utility as it disturbs wards Included in the Corpus JU1'is Civilis, by its novelty. Jenk. Cent. p, 167, case 2::$. (g. t).,) and now constitu te one of its four Mackeld. Hom. principal divlslona. Law. NOVITER PERVENTA, or NOVI­ § 0; 1 Kent, omm. 541. TER AD NOTITIAM PERVENTA. In Facts" NOVELLlE LEONIS. The ordinances ecclesiastical procedure. newly come" to H to a cause. Leave of the Emperor Leo. which were made from theknowledgeof party to facts nooiter is the year 8 '7 till the year 8a3, are so called. plead peroeuta generally in a case, even aIter the The e Novels changed many rules of the Jus­ given, proper plead­ are closed. Phillim. tinian law. This collection contains 113 ings Ecc. Law, 12:'7;

Ecc. La w, 723 . .. in Hog. :ovel , written originally Greek, and alterwards, in 1560. translated into Latin by NOVODAMUS. In old cotch law. (We .Agilreus. Mackeld. Rom. Law. § 84. give anew.) The name given to a charter, NOVELS. The title given in English to or clause in a charter, granting a renewal of the New onstitunons (Novellw Oonstttu­ a right. Bell. ttones) of Justinian and his successors, ROW Novum judicium non dat novum jus, (orming 1\ part ot the Corpus Juris Civilis. sed declarat antiquum; quia judrcium e • OVI::LL.E. est jur-is dictum et per judicium jus est NOVELTY. An objection to a patent noviter revelatum quod diu fuit vela­ or cia 110 for a patent on the ground that the tum. A new adjudtcatron does not make a i new or an invention not original IS called new law. but declares the old; because ad­ objection" tor want of novelty." [udtcation is the utterance of tile law. and the law is revealed NOVERCA. L t. In the civil law. A by adjudication newly which" as for 8 time hidden, 10 Coke. step-mother. long 42. NOVERINT UNIVERSI PER NOVUM OPUS. In the civil law. A PRlESENTES. Know all men by these new work. ee � on OPERIS �·t:_·CJ.A'f10. presents. Form. I word u ed lit the com­ m ncement ot deed ot relea e in the Latin NOVUS HOMO. Lat. A new man. Iorms. This term is ap] lied to a man who ha been NOVI OPERIS NUNCIATIO. Lat. pardoned of a crime, and so made, as it were, nunciatton of, or prot t against. a new a "new man." 832

N NOXA. Lat. In the civil law. This dicate that they are lackin .. in some entia) term denoted any damage or injury done to legal requisite. persons or property by an unlawful act com­ NUDE CONTRACT. On made with­ mitted by a man s slave or animal. An ac­ out any conaiderition: upon wt..eh no. non tion for t tile master or damages lay again .. will lie, in conformity with the Ill' un :D owner, who. however. might escape further nudo pacto non 01 itur actio." 2 ill. Comm, responsibility by delivering up the offending 445. agent to the party injured. "Noxa" was also used as the of the offense com­ NUDE MATTER. A nil designation bar � Ilion ot mitted. and of its puni hmcnt, and somethnes a thing done. un upported by eviden e. of the slave or animal doing the damage. NUDUM PACTUM. Lat. A n ked The Noxa sequitur caput. injury [i. e., pact; a bare agreement; a promi e or und r­ liability to make goat! an injury caused by a taking made without any con I I ration for It. slave] follows the heat! or person, [i, e., at­ Nudum pactum est ubi nulla ube t taches to his master.] Heluecc. Elem, 1. 4, causa prreter conventionem; sed ubi t. 8, § 1

. "noxious" includes the complex idea both of valid; destitute of con t raini ng fore or \ insalulJrityand offensiveness. Id. tality. A legtslatlve act may be "nugalory" beca.use unconstltutlonal. NUBILIS. In the civil law. Marriage­ that unlaw able; one who is of a proper age to be mar­ NUISANCE. Anythi ng fully ried. worketh hurt. i nconvenience, or damage. 3 Bl. Comm. 216. To nuts. NUCES COLLIGERE. collect th That class of wrongs that ari e from This was formerly one of the works or serv­ unreasonable. un warrantable, or unllwful ices lords their inferior ten­ imposed by upon either use by a person of bis own pro] erty, ants. Paroch. Antiq. 495. real or personal, or from his own improper. work­ Nuda pactio obligation em non parit. indecent, or unla wful personal condu t, r1'lIt A naked agreement [i. e., without consid­ ing an obstruction of or Injury to tile eration] does not beget an obligation. Dig. of another or of the public. and prOOllcin - 2, 14, 7, 4; Broom, Max. 746. such material annoyance. incol1\'eni nce,dl urn , comfort, or hurt that the law will pr NUDA PATIENTIA. Lat. Mere suf­ " .Tuis. L ferance. consequent damage. Wood, or I 10 Anything whlcb is injurious to haith, 0 ob true on N U D A POSSESSIO. Lat. Bare or decent or offeosive to tbe sense. or rt re I h mere possession. to the free use of property, 80 as to Int or the comfortable enjoyment of life or property, In lh Nuda ratio et nuda pactio non ligant unlawfully obstruct. the free pa as or C, e k rlv • aliquem debitorem. Naked reason and customary manner, of any navlgab �r bbo r canal, or basin, or aoy p naked do not bind debtor. Fle­ bay, stream. promise any nu co. CI square, street, or highway, La II ta,1. 2, c. 60, 25. § Code Cal. S S4i9. J. NUDE. Xaked. This word is applied Nuisances are either public or priC(JU. d all metaphorically to a variety of subjects to in- public nui. ance i one which mag 833 NULLA PACTIOXE. ETC.

within the of itll Nul de son persons who come �ph�re I pren�a advantage tort operation. though it may vary JD Its effects demesne. .L 0 one shall take advantage of nuisance one his own on Individuals. A private is wrong. 2 Inst. 713; Broom. Max. limited in its injurious effects to one or few 290. individuals. GeneraJly. a public nuisance Nul sans damage avera error ou at­ nu of action to any individual. give; right taint. Jenk. Cent. 323. .TO one shall have bu� must be abated by a process instituted in error or attaint unless he has sustained dam­ the name of the state. A private nuisance age. gives a rrght of action to the person injured. Cole Ga. 1882, § 2997. NUL TIEL CORPORATION. A publtc nuisauce Is one which affects at the such corporation [exista.] The form of a an entire 01' e time community neighborhood, plea denying tbe existence of an alleged cor­ 01' considerable number of persons, although any poration. \ _ extent or the annoyance 01' damage inflicted indivlduals may be unequal Civil Code Cal. upon NUL TIEL RECORD. No such rec- 58450. ord. A the existence of A urnxue nulsance is anything done to the hurt plea denying any 01' annoyance of the lands, tenements, or heredita.­ such record as that alleged by the plalnthf. ments of another. It produces damage to but one It is the general plea in an action of debt on or \ rew persons, and cannot be said to be public. a judgment, a BI.l'omm. 216; 80 N. Y. 582• nuisance Is one while .A rntretl which, producing NUL TORT. In pleading. A plea of Injury to the public at large, does some special the issue to a real action, wbich damap to some indivlduaJ or class of individuals. general by Wood, Nula. 5 16. the defendant denies that he committed any wrong. NUISANCE, ASSISE OF. In old prac­ Uc". A judiciaJ writ directed to the sheriff NUL WASTE. No waste. The name ot till; county in which a nuisance existed, in of a plea in an action of waste. denying the wh.eh It was stated that tile party injured committing of waste, and forming the gen­ coropla.ced of some particular J act done ad eral issue. nocumentum iibert teuementt sui, (tothe nul­ NULL. Naught; of no validity or effect. sunce I)f his rreehold.) and commnndlng the Usually coupled with tbe word "void;" as sherifi' to summon an assize a (that is, jury) "n IlII and void." to view the premrscs. and have them at the next commission of a sizes. that justice .s tILLA BONA. Lat. No goods. The migh; be done, etc. 3 Bl. Corum. 2:'u. name of the return made by the sheriff to a writ of execution, when he bas not found NUL. No; none. A law French nega­ any goods of the defendant within his juris­ uve !'a. ...c.e, commencing many phrases. diction on which he could levy.

NUL AGARD. 1'{o award. The name Nulla curia quee recordum non habet ot a in an action on all arbitration bond. plea potest imponere finem neque aliquem which the defendant traverses the by naking mandare carceri; quia ista spectant tan­ ot any legal award tummodo ad curias de recordo, 8 Coke.

60. No court which has not a record can Nt:.! chartor, nul vente, ne nul done a fine or commit to vault perpetualment, si Ie donor n'est impose aDY person pris­ because those to Llel 0 al temps de contracts de deux on; powers belong only courts of record. drorts, 80. del droit de po session et del droit de JiLt. 266. No propertie. Co. Nulla emptio sine pretio e se potest, gru.it, no sale, no gift, ill calld forever, un­ There can be no sale w ithou t a price. 4 Pick. less the donor. at the lime of the contract. is 189. eeisc.! ot two right, namely. the right of Nulla impossibilia aut inhone ta sunt po 81101:, and the righ t of property. prsesumenda ; vera autem et hone ta et NUL DISSEISIN. In pleading. No possibilia. No things that are impossible t:Ii. s 'sin. A plea of the general i sue in a or di I onorable are to be pre umed : but renl uctlon, by which the defendant denies thing that are true and honorable and pos­ that there wn any dtssei in. Sible. Co. Lilt. 7 b.

Nul ne doit s'enrrchtr aux depens Nulla pactrone effioi pote t ut dolus de autre. .:0 one ought to enrich him­ preestetur. By no azreement ran it lie ef­ sl'lf Ilt the e pen e oC ut hers. Cected th t a fraud shall be practiced. 7raud Alr.mCT.LA w-[>3 �

NULLA VIRTU , ETC. 834 �ULL Dl �IT �R, ET .

N will not be upheld, though it may seem to be authorized by express agreement. 5 Maule & S. 466; Broom. Max. 696.

Nulla. virtus, nulla. scientta, locum suum et dignitatem conservare potest NULLUM FECERU T ARBl· stne modestia. Co. LiLt. 394. Without TRIUM. L. Lat. In pleadm Thl' name no can virtue, no • modesty, knowledge, pre­ of a plea to an action of debt upon an ohlL serve its aud place dignity. tion for the performance of an awurd, by which the defendant denies tlllt he s ubmitt I Nulle terre sans seigneur. No land to arbitration, etc. Bac, br." .irbitr." without a lord. A maxim of feudal law. etc., G. Guyot, Inst. Feod. c. 2 . Nullum inlquum est prre umendum Nulli enim res sua servit jure servi­ in 7 Coke. 71. "" 0 i to be tutis. No one can have a servitude over his jure. iniquity presumed in Jaw. own property. Dig. 8, 2, 26; 17 Mass, 443;

2 Bou v. lnst. no. 1600. Nullum matrimonium ibi nulla do . No marriage, no dower. 4 Barb. 1 :1, 194. NULLITY. Nothing; no proceeding; an act or proceeding in a cause which the op­ Nullum simile e t idom nisi quatuor posite party may treat as though it had not pedibus currit. '0. Litt. 3. .'0 like

taken place. or which has absolutely no legal identical, unles it run 00 all fou . force or effect. Nullum simile quatuor pedibu NULLITY OF MARRIAGE. Theen­ currit. No simile run upon four fe"t. «r tire invalidity of a supposed, pretended, or all fours, I\S it is otherwise expr 't·ll.) .'0 attempted marriage, by rea. on of relation­ simile holds in everything. o. Lilt. �". ship or incapacity of the parties or other 2 Story, 143. diriment impediments. An action seeking NULLUM TEMPUS ACT. In Enzll h a decree declaring such an a . umed marriage law. A name veo to the statute 3 Gt'O. Ill. to UP. null and void is called a suit of "nulli­ gi c. 16. because that act. in contnwenlion of tyof marriage." It differ s from an action the maxim" Nullum 0 eurrii regl." for divorce. because the latter supposes the tempns lap e of time bar the kinu.) Ii III it I th existence of a valid and lawful marriage. (110 crown's to sue, etc., to the period of ee 2 Bish, Mar. &, Div. §§2 9-294. right sixty years. NULLIUS FILIUS. The son of no­ Nullum tempus aut locu ocourrit body; a bastard. reg!. No time or place affect tI eking. 2 Nullius hominis auctoritas apud nos In t, 273; Jenk. <'ent. :3; Broom, �I .6b. valere debet, ut meliora non sequeremur NuUum oocurrrt reipubhn • si quis attulerit. The authority of no man tempus In t No time runs do=s not rl ag ought to prevail with us, so far as to prev ent [lillie n] the commonwealth or state. 11 Gmt. ili.!. our following better [opinions] if anyone should them. Co. Litt. :i83b. present NuUus alius quam rex po It epi copo man dar e fUClcndnm. NULLIUS IN BONIS. Among the de inquisrnonem Co. Lttt, 134. "'0 other than the king can property of no person. command the bishop to make an inqu ition. NULLIUS JURIS. In old English Nullus commodum pote t de In w. Of no legal force. Fleta, lib. 2, c. 60, capere TO one can obtllill § 24. injuria sua. propria. Co. LIlt. an advantage by hi own wrong. NULLUM Lat. ARBITRIUM. L. No 148; Broom, Max. 279. award. The name of a plea in an action on nbi all an arbitration bond. for not fulfilling the NuUus debet agere de dolo, (II lion award, by which the defendant traverses the actio subeet. Whereanolher form in til etion allegation that there was an award made. is given. no one ought to sue dolo, 7 Cuke. 92. Nullum crimen majus est inobedien­ T t ria. • 0 crime i greater than disobedience. Nullus dicitur acces orill! po lam Jenk. ent. p. 77, ca e,l. Applied to the niam, sed ille qui novit prlneip i et reflliial of an officer to return a writ. feloniam feet se, et ilium r cep NULLUS DICITU&, ETC. 835 NV"TillS

oomfortavit. 3 Inst. 138. No one is called NUNCIUS. In international law. .A an "accessary" after the fact but he who me senger ; a minister; the pope's legate, knew the principal to have committed a fel- commonly called a "nuncio." ony, and received and comforted him. I NUNCUPARE. Lat. In the civil law. Nullus dicitnr felo principalis nisi To name; to pronou n ce orally or in wor-ls actor, aut qui prsesens est, abettans aut without writing. auxilians ad feloniam faciendam. No one is called a "principul felon" except the NUNCUPATE. To declare publicly a·J.J party actually committing the felony, or the solemnly. "arty present aiding and abetting in its com- NUNCUPATIVE WILL. A will w: ich mission. depends merely upon oral evidence, having NuUus idoneus testis in re sua Intel­ been declared or dictated by the testator ID ligitur. No person is understood to be a his last sickness before a sufficient number competent witness in his own cause. Dig. of wiinesses, and afterwards reduced to 22,5.10. writing. NuUus alienum forisfacere jus potest. NUNDINlE. Lat. In the civil and old _.·o man can forfeit another's right. Fleta, English law. A fair. In nuudinis et mer­ lib. I, c. 28. 11. § eatis, in fairs and markets. Bract. fol. 56.

Nullus recedat e' curia cancellaria NUNDINATION. Traffic at fairs and sine remedio. No person should depart markets; and from the court of chancery wiihout a rem­ any buying selling. 4 llen. VII. 4; Branch, Prine. edy. Nunquam crescit ex postfacto pr-e­ teriti delicti restimatio. The character ot Nullus simile est idem, nisi quatuor a offense i never ub­ pedibus currit. No like is exactly identical past aggravated hya uent act or matter. unless it runs on all fours. seq Dig. 50, 17, 13�, 1; Bac. Max. p. 38, reg. 8; Broom, Max. 42. NuUus videtur dolo facere qui suo decurritur ad extraordina­ jure utitur. No one is considered to act Nunquam rium sed ubi deficit ord1narium. We with guile who uses his own right. Dig.50. are never to resort to what is 17,55; Broom, Max. 130. extraordinary, but [until] what is ordinary falls. 4 lnst. NUMERATA PECUNIA. In the civil 84. law Money told or counted; money paid fictio sine There is no by tale. Inst. 8, 24, 2; Bract. fo1. 85. Nunquam lege. ficLion without la w. NUMMATA. The price of anything in NUNQUAM INDEBITATUS. Lat. money, as denariata is the price of a thing Never indebted. The name of a in an by computation of pence, and tibrata of plea pounds. action of indebitatus assumpsit, by which the defendant alleges that he is not indebted NUMMATA TERRlE. An acre of to the plaintiff, land. pel man. Nunquam nimis dicitur quod nun­ NUNC PRO TUNC. Lat. Now for quam satis dicitur. What is never suffi­ then. A to acts allowed to be phrase applied ciently said is never said too much. Co. Lilt. done atter the time when they should be done, 875. a with retronetlve effect, i. 8•• with the same elIect as if regularly done. Nun qua m prsescribitur in falso. There is never a prescription in case of false­ NUNCIATIO. In the civil law. A sol­ hood or forgery. A maxim in Scotch 13 w. emn declaration, usually in prohibition of a Bell. thing; a protest. Nunquam res humanee prospere sue­ NUNCIO. The permanent official repre­ cedunt ubi negliguntur drvinse. Co. Litt. sentative of the pope at a court or foreign 15. Human things never pro per \\ here di­ ee t ot Web ter. government, They are vine things are neglected. called "ordinnry" or "extraordinary," accord­ Ing as they are ent for general purposes or NUNTIUS. In old Engli h practice. A on a specl I mls ion. messenger. One who was sent to make an NUPER OBUT 836 NYCTHEhlERON

N excuse for a party summoned, or one who ex­ NUPTIAL. Pertaining to m mage; con­ plained as for a friend the rea on of a party's stituting marriage; used or done in m - absence. Bract. fol. 345. An ollicer of a riage, court; a summoner. apparitor, or beadle. Nuptias non concubitus sed con D­ Cowell. sus facit. Co. Lilt. 33. .-ot rob bi tion NUPER OBUT. Lat. In practice. The but consent makes the marriaae. DaIDe of a writ (now abolished) which, in the NURTURE. The act of taking care ot English law, lay for a sister co-heiress dis­ children. bringing them up, and educating her coparcener of lands and possessed by them. tenements whereof their father. brother. or

civil la • any common ancestor died seised of an estate NURUS. Lat. In the in fee-simple. Fitzh. Nat. Brev. 197. lion's wife; a daughter-in-law. alvin.

NUPTIlE SECUNDlE. Lat. A second NYCTHEMERON. The whole natural marriage. In the canon law, this term in­ day, or day and night, consistiug ot twenty­ cluded any marriage subsequent to the first. tour hours. Ene. Lond.

I � O. c. 837 OATH SUPPLETORY

o.

O. C. An abbreviation, in the civil law, A corporal oath is one taken bv the form tor In "opecousiiio," (g. e.) American law, of laying the haud on or ki sing a copy of the e letters are u ed as an abbreviation for the gospels. "Orphans' Court." The terms "corporal oath" and" olema oath" I are synonymous; and an oath taken with the up­ O. N. B. An abbreviation for "Old .Ta_ lifted hand is properly de cribed by either term in • an rra Brevium." �ee.-.\1 UI!A BREVIL\!. I indictment for perjury. lInd,l .

OAT H AGAINST BRIBERY. One O. Ni. It was the course of the English which could have have administered to a exchequer, as soon as the sheriff entered into voter at an election for members of and made up h s account for issues, amercia­ parlia­ ment. Aboli hed in 1 54. Wharton. ments, etc., to mark upon each head" O. Ni.," which denoted nisi oneratur, habeat suffici­ OATH DECISORY. In the civil law. enteui exonerationem, and he be­ presen lly An oath which one of the partie!'! defers or came the and a king' debtor, debet was set refers back to the other for the decisron of his whereu the upon head; pon parties para­ the cause. rail» became debtors to the sheriff, and were OFFICIO. The oath di:charged against the king, etc. 4 Inst. 116; OAT H EX by WI arton. which a clergyman charued with a criminal offense was formerly allowed to 'wear him­ " O. S. An ubbreviation for "Old Lyle, self to be innocent; also the oath by which or "Old en s." the cornpurgator swore that they believed in his innocence. 3 Bl. 'omm. 101. -Hi; �I()z­ OATH. An external or assevera­ pledge ley & Whitley. tion, made in veriflcation of stutements made or OATH IN LITEM. In the civil law. to we mad, coupled with an appeal to a taken the sacred or venerated object, in evidence of the An oath permitted to be by plain­ the value of erious and reverent state of mind of the ti fC, for the pu rpose of provlOg or the su in con troversy, when party, with an invocation to a supreme bject-rnatter wa no other ev idence on that blling to witness the words of Lhe party and there point, 01' when the defendant to Visit him with puni hment if they be false. f'raudulently sup­ A ed evidence which have been relig+ou < sever.uton, by which a pt'r­ pres might son a vailable. renounces the mercy and imprecates tile of vengeance heaven, If he do not speak the OATH OF CALUMNY. In the civil truth. 1 Leach, 4;JO, law, An oath which a plaintiff was obliged Tho calling upon God to witness that, what. is said to take that he wa not prompted by malice tho per on ill b! worn true, and invoking the di­ in hi action, but nne v 01' trickery COIUJIll'lICIJlg ngcanc upon hi head, if what. he says is had bona a cause of action. ful�e. 10 Ob io, res. that he fiile good lib. Lt. s. 124. Oath Poth. Panll. 5, 16, 17, are it her fudictal 01' extrajndtcial; the Iurrner, \I hell taken ill some judicial pro­ OAT H PURGATORY. An oath by 01' or clears II i msel f from ct'rding in relation to some matter con­ which a pel' on pu rge' necte.t with or 1I ons stand­ j udictal proceed mgs: the tatter, pre umption , charges, .pic \I hen not a tuk n in any judicial proceeding, ing again t hiru, or from contempt. or without any of Jaw, authority though OATH-RITE. Tilt: form u ed at the lal;l n fOllllally bef'cr e a proper pel' ·on. . I ," of an oath • i n taking official oath i one taken by an otllcer he iI. SUPPLETORY In surm- charg of hi ollice, where- lOATH .. thechi,land \\�)('n II by he drl'lill e. tical la w . Tbe te of thai he \\ ill Ltilhfully d I ella rge ecclesia ·tIlOOI1Y ·Iogle tltt'dlltit' nes to a filCt i called on of the s.uue, or \\ hutever else JIIay wtt "half-proot';" be no entence can be Iounded : in order to re'lllirl'l) by tature in the pal t.icul.rr case. I w luch \11 ( , other half of the hiru- ,.tory o.rt h is (lilt' required by law, lIppl." the proof, party or i a lrnitted to be �ther �hall in judrcrul proccedmgs and upon elf (piaintltf defendant] Indll('!!on in hi 0\\ n behalf. und t he ont h ad­ to olh ; uch, for exumple, a an e umined oath tu Ill' tered to hiJII for i. 1lJ:1I111 ut the ClI ·!olU-hou e relative miu! pUT! 0:'(' c."�"d to .. ,lImt g01)(1. 1001Iort I. I the .uppletory oath." b call e It :;lIl'pIIC:; OB 838 OBJCl:G.\Tla E

N the necessary quantum of proof on which to Obedientla. est legis essenna. 11 Co e. found the sentence. 3 ill. Comm. 370. 100. Obedience is the e sence of 1

OB. On account of; for. everal-Latln OBEDIENTIARIUS. A mono tic olli. phrases and maxims, commencing with this cer. Du Cange. word, are more commonly introduced by o OBUT SINE PROLE. L'\t. died "in" [He] (q. 'D.) without issue. Yearb. M.l Edw. II. 1. OB CA USAM ALIQUAM A RE OBIT. In old h law. A fun ral MARITIMA ORTAM. For some cause EngJi solemnity, or office for the dea L 0\\ II. arising out of a maritime matter. 1 Pet. The of a Ill' th; the n­ Adm. 92. aid to be elden's translation of anniversary person' ni office. Cro. JIIC. 51. the French definition of admiralty jurisdic­ versary

le fait de la mer." 1d. - tion, "pour OBITER. Lat. By the way; in p log; OB CONTINENTIAM DEL I C T I. inciden tally; collaterally. On account of to the i. contiguity offense, e., OBITER DICTUM. Lnt. A remark contaminated with being by conjunction made, or opinion expr ed, by a judge, in h's For the 'I something illegal. example, cargo a the th It i decision upon cause, "by W.I)', , of a vessel, not contraband or unlaw­ though incidentally or collaterally, an I not dlr t y ful, may be condemned in admiralty, along upon the q ue tion before him, or upon a point with the vessel, when the vessel has been en­ not necessarily iuvolved in the determlnutlon in some service which renders her lia­ gaged of the cause, or introduced by way of 1Il11 t - ble to seizure and confiscation. The cargo tion, or analogy or argument. is then said to be condemned ob continentiasn ob­ delicti, because found in company with an OBJECT, v. In legal proceeding ,to unlawful service. See 1 Kent, Cornur. 152. ject (e. g., to the admi sion of vidence] i to interpose a declaration to the effect that thp OB CONTINGENTIAM. On account particular matter or thing under co . hlE'T,I' of connection; reason of In by similarity. tion is not done or admitted with the COli ent cotch In this a nd w, phrase expresses grou of the party objecting, but is by him COil ld­ for the con olidation of actions. .... ered improper or illegal, and referrin the OB FAVOREM MERCATORUM. In question of its propriety or legaJiiy to thu favor of merchants. Fleta, Jib. 2, c. 63, court. 12. what­ § OBJECT, n. This term "includes a whnt Ob infamiam non 801et juxta legem ever is presented to the mind, 11'1 well what ver, terrse aliquis per legem apparentem se may be pre ented to the sen e ; nllirm· purgare, nisi prius convictus fuerit vel also, is acted upon, 01' operated upon, ati or influenced by nny­ confessus in curia. Glan. lib. 14, c. ii , vely, intentionally ther .to." On account of evil report, it is not usual, ac­ thing done, moved, or applied to the law the Blatchf. 257. eordiug of land, for any per­ Woodruff', J., 8 son to purge himself, un.e s he have been OBJECTION. The act of a pl\rt�· wi 0 or conre previou Iy convicted, .sed in court. in th objects to some matter or procee ling OB TURPEM CA or all r 'U­ USAM. For an im­ course of a trial, ( ee OBJECT, e.r) moral consideration. of Dig. 12, 5. men t or rea on urge I by him in upport cdln his contention that the matter or proc OBlERATUS. In Roman law. Adebtor to is or illegal. who was obliged to sene his creditor till his objected improper debt was Adams, Hom. Ant. 4\). discharged. OBJECTS OF A POWER. Where p t is settled to, power given DJ OBEDIENCE. Complllillce with a com­ erty subject n to the arne m mand, pr ohibrtionvor known law and rule of person or person appoint til cla ir crrbed a limited cia the roemb r of duty pre ; the performance of \\ hat is s, 'I'hu ,If or called the of the power. required enjoined by authority, or the ab­ "object" Int a fund ilion from what is a ha a power to "PI' prohibited, in parent I staining. compli­ til b­ ance WIth the bis children, the children are called command or prohibition. Wbit Webster. jects" of the power. Mozley, y.

h l . OBEDIENTIA. An Office, or the admin­ OBJURGATRICES. In old Engli tie istration of a kind lied ltb it; of rent; submission; colds or unquiet WOOlen, punu obedience. cucking-stool. UL.\'TA 39 OBLIGATIO

G fts madelothe 1 OBLATA. orofTerings ornetimes, also. the term" obligaU'J" is used of his old fur king loy any subjects; debts, the causa oblipationis, and the contract as it were, from ltse If brought, together preceding is de ignated an "obligation." There and on tile sheriff's are years, put present charge. passages in wbich even the document WlJartoD. which affords the r roof of a contract is called an "obligation." uch application, how­ OBLATA TERRlE. Half an acre, or, ever, are but a loose exten 'ion of the term, &.!I some say, half a perch, of land, pelman. which, accordinz to its true id a, is only prop­ erly when it is to OBLATI. In old European law. Volun­ employed used denote the debt, in its tary slaves ot eburcbes or U1ollClsteries. relationship, totality, acuve and passive, substituting between the creditor and OBLATI ACTIO. In the civil law. An the debtor. Tomk. & J. �lod. Rom. Law, actiou given to a party against another who 301. had offered to him a stolen thing, which was Obligations, in the civil law, are of the found in his posses ion. lnst. 3, 1, 4. several descriptions enumerated below.

Ob£i!1atio ciuUts is an OBLATIO. In the civil law. A tender obligation enforceable by action, whether it derives its origin from jus of a t.!ebt made of mOMY In pal ment by as the civile, obligation engendered by fonnal COR' is olTered to tracts debtor to creditor. Whatever 01' the obligation enforceable by bilaterally penal or from the church by the piOUS. Calvin. suits, such portion of the ]11.8 gcntium as had been completely naturalized in the civil law and Oblationes dicuntur qurecunque a pus protected by all its remedies, such as the ob­ ligation engendered formless contracts. fldellbusque Christianis ofIeruntur Deo by Obligatio 'TUlturalts is an obligation not immedi­ et ecclesire, sive res solidre sive mobiles. ately enforceable by action, or an obligation im­ 2 In t. 3 9. Those are called "obla­ things posed by that portion of the jlLS gentium which is tlOIIS" which are offered to God and to the only imperfectly recoguized by ci vil Iaw. church by pions and faithful Christians, ObliOfLtio ex crmtractlt, an obligation arl Ing from contract, or an antecedent in unum. wuetber are mov able or immovable. [u» per tuey In this there are two 8tages,-first, a primary 01' sanctloned personal right antecedent to wrong, OBLATIONS, or obventions, are offerlngs and, afterwards, a secondary or sanctioning per­ or cu in to sonal ternary payments made, England, right consequent on a wrong. Peste's Gaius' the mmlster of a church, including fees on Inst.359. m.miuges, burials, mortuaries, etc., (q. '0.,) Oblluatil') ex delicto, an obligation founded on or or ari and Easter 2 COlUm. wrong tort, ing from the Invaslon of a offerings. 'teph. 740; in jus rem. In this there Is the second stage, a Phillirn. Ecc. Law, 1596. may be com­ or They secondary sanctioning personal right conse­ muted on a by agreement. quent wrong, but the first stage is not a per­ sonal right, UIiS in ucr ounm.) but a real right, OBLIGATE. To bind or constrain; to (jus [n rem.) whether a primordial right, right of sWtlLS, or of hind to the observ ance or perfo.munce of a d li­ property. Po te's Gaius' Inst, 8;)9. Ollont[Olle8 ex dclirto are ly; to pluce under an obligation. To bitll.! one's ob:igations arising from the commission of a wrongful injury to the self an or by to assuine .. n obllguuon promise; person or property of another. Delictum is not a duty; to execute a w rittr-n promise or cov- exactly synonymous with "tort," for, while it in­ cludes nunt: to make a writing obllgatury. most of tho wrongs known to the common law as torts, it is al 0 wide enough to cover some offenses as OBLIGATIO. Lat. In Homan law. (such theft and robbery) primarily in­ [urtous to the but now hed The I I relation individual, only puni I'g

N ObUgatWne8 quasi ex delicto. This class em­ Classification. The variou sort'! of 0 - braces all torts not coming under the denomination gil tions may be elas ifled 311d delin Iol- of and not having a special form of ac­ "delictll," lows: tion provided for them by law. They differed are either or widely in character, and at common law would in They perfect imperj; t. some cases give rise to an action on the case; in perfect obligation is one recoznized nd others to an action on an contract. Ort. O implied sanctioned by po Itive law; one of" hieh the lnst. §§ 1781-1792. fulfillment can be enforced by 01 i 1 of the OBLIGATION. An obligation is a legal law. But if the duty created by the obli . duty, by which a per on is bound to do or tion operates only on the moral en e, WI 1:;.

. not to do a certain thing. Civil Code Cal. out being enforced by any positlve I \\Y. it " § 1427; Civil Code Dak. § 798. called an "imperfect obligation, no I creat The bi nding power of a vow, promise, oath, no right of action, nor has it any le .1 op­ or contract, or of la w, ci vii, political, or moral, eration. The duty of exerci sing gratitude. " independent of a promise; that which con­ cliari ty, and the other merely moral durl sti tutes legal or moral duty, and which ren­ an exampleof thi kind of obligaticn. iii! ders a person liable to coercion and punish­ Cude La. art. 1757. ment for neglecting it. Webster. They are either natural or ciell. na - "Obligation" is the correlative of "right." ural obligation is one which cannot be n­ Taking the latter word in its politlco-ethical forced by action, but which is binding on the sense, as a power of free action lodged in a party who makes it in eonsclence :111111 c rd­ person, "obligation" is tbe corresponding ing to natural ju tice. A civil oullg,ltion I duty, constraint, or binding force which a legal tie, which gives the party with \\11 ID should prevent all other persons from deny­ it is contracted the right of euforcm It ing, abridging, or obstructing snch right, or performance by 18 w. Ci viI Code La. art. interfering with its exercise. And the same 1757. the Is its meaning as the correlative of a "jus in They are either express or implied; " bintl rem, Taking "right" HS meaning a "jus former being those by which the obi gor his ob­ in personam," (a power, demand, claim, or himself in expres terms to perform uch a .re pri vilege inherent in one person, and inci­ ligation; while the latter are or inference of the dent upon another,) the "obligation" is the raised by the implication coercive force or control imposed upon the law from the nature of the tran uction. or indtt rminatt: person of incidence by the moral law and the They are dt:termillate the I moral la \V as the former the case where thing po ti ve law, (or the recognized being n and sanctioned by the positive law,) con­ contracted to be delivered is specified n be straining him to accede to the demand, ren­ indi vidual ; the latter, where it may any one of a s or der up tbe thing claimed, pay the money particular cia pecies. due, or otherwise perform what is expected They are dioisible or indieisible,lIccordlll be of bim with respect to the subject-matter of as the obligation may 01' may not lawrully \\ Ith· the right. broken ill to several distinct obtigution In a limited and arbitrary sense, it means out the consent of the obligor, .. bond or that are or the former, a penal writing obligatory," They joint several; ' a with a con­ bin lin is, a bond containing penalty, where there are two or more obllgor of the dition annexed for the payment of money or themselves jointly for the pprforlUunce 172. tile ubli rs performance of covenants. Co. Litt. obligation; the latter, where to fulfill the en­ Obliaa.tion is (1) legal or moral duty, as opposed promise, each for himself, a up­ to phy;ical compulsion; (�) duty. in.cumbent gagement. individual, or a specific and limited number former be­ on an They are personal or real,' the as to a duty imposed upon of individuals, opposed himself i P r­ a the case when the obligor at large; (3) tbe right to enforce such ing tbe world of th en­ as opposed to such a son ally liable for the performanc duty, (jus in personam,) of (jus in rem,) wbich but does not directly bind his prop­ right as that property, gagement, a con- the the world at large; (4) bond where real estate, not av.ails against erty; the latter, a conditdI Ion annexed , for a witb liable for tllining penalty, of the ohligor, is primarily of money, of covenants, person tbe pa� ment per.formance like. Mozley & Whitley. performance, or the onal. The for- of the Roman law, They are heritable or per In EnalJsh expositions anti t "ob­ mer is the case when tbe heirs 'gn d work- upon general jurisprudence, n one enforce the perform . "ob- may u ed to party is 1 tt r, �I:ation tran.slate th� La�in the h-irs of the other: th e Its IS much a"ainst .0 In thi sen meamng 1I0t t.io."t the hi nds I imself only, term of :hen obligor <'IS a technical English er 'tll'm' It�daWI heirs or representati ves. OBLlGATIO. law. see OBLIGATION 841 OBHOGATLO_-

Tiley are either prtncipal or acoessorp, A liability in Engli h law. hut is apphe.l also prlncipal obligation is one which is the most to the joint and sever.d rtghts of the credit­ important object of the engagement of the ors parties to tbe obligation. contracting parties: while an accessory obli- gltlon depends upon or is collateral to the OBLIGATORY. The term" writing ob- principal. Iigatory" Is a techn cal term of the law, and means a written TII£] may be either conjunctive or alterna- contract under seal. 7 Yerg. tice. 'I'be former is one in which the sever- 350. al objects in it are connected by a copulative, 0 B L I GEE. The person in favor of or in any other manner which shows that all w I10m some Ou"I' tiIon IS con - , Igl lraeted ,W I ieth or them are severally comprised In the con- er su c boll') tlIon be t0 or t0 d0 , ' rga pay money tract. 1 his contract creates as differ- many or not to do som ethO . Cod e La. art.t ., Ing. 35?2-, eut obligations as th ere are dl'fferent objects: . no..11 The a t l0 w b om a bon i18 ven. . I pry d gr anrl the debtor, when he wishes to discharge the himself, may force creditor to receive OBLIGOR. The person who has engaged them se] arately. But where the things to perform some obligation. Code La. art. which form the object of the contract are 3522, no. 12. One who makes a bond. Sfparatl'd by a dis] uncti ve, then the obliga­ Lat. In the old law of tion is alteruatioe. A promise to deli ver a OBLIQUUS. descents. col­ certain thing or to pay a specified Bum of Oblique; cross; transverse; lateral. The of rectus, or money is an example of this kind of obliga­ opposite right, up­ tion. Civil Code La. art. 2063. right. They are either simple or conditional. In the law of evidence. Indirect; cir­

are as are not cumstantial . .. imple obi gaiions such de­ pendent for their execution on any event pro­ OBLITERATION. Erasure or blotting vided for by the parties. and which are not out of written words. agreed to become void on the haplwning of Obliteration i not limited to effacing the IIny such event. Conditional obi igations are leiters of a WIll or scratching them out or such as are made to depend on an uncertain blotting the II so complet ly that they can not e -ent, Ii Lhe obligation is not to lake efIect be read. A line drawn through the writing until the event happens. it is a suspensi ve is obliteration, though it may leave it as leg­ eondition: if the obligation lakes effect im­ ible as it was before. 5tl Pa. t. 244. mediately, but is liable to be defeated when the event happena, it is then a resolutory con­ OBLOQUY. 'I'o expo eoneto "obloquy" dl tlon. Ci vii ode La. arts. 2020, 2021. is to expose him to censure and reproach, as They may be either single or penal; the the latter terms are synonymous with "oblo­ Inti 1', when a penal clause is attached to the quy." 70 Cal. 275, 11 Pac. Rep. 716. undertakrng, to be enforced in CII e the obli­ OBRA. In ish law. Work. Obras, gor fails to perform; the former, when no pan those which men illiCit penalty is added. works or trades; carryon in houses or covered places. White, ... ew OBLIGATION OF A CONTRACT. Recop. b. I, tit. 5, c. 3, § 6. As used in Const. TJ. • art. I, § 10, the term mrun the blndlng' and coercive force OBREPTIO. Lat. The obtaining a \1 hich constrains every man to p rform the thing uy fraud or surprise. Calvin. Called. ngr('ernl-'Jlt he hfls made; a force grounded in Scotch law, "obreption," in the ethic:�) principle of fidelity to one's OBREPTION. Obtaining anything by promls s, but derlviug Its legal efficacy from fraud or surpri e. Acqui ition of e cheats, Ita recognltlon by positi ve la w, and sanctioned etc., from tile SO\ ereigu, by making false rep­ by the law s prcvtding a r uedy for the in­ resentations Bell. fra("liOl� (if the dllt� or for tl,e enforcement of the correlative ee tory. or:st. right OBROGARE. Lat. In the civil law. IS7 : nst. Pr lnb 139. § l3Iacl.. .. a To pas a law contrary to former law, or The ti of a contract is that which oblig to some clau e of It· to cha 1ge a former law oblige II. part) to perform his contract, or re in some part of It. alvin. p.. ir til" Injury done b.) a failure to pelform . . Gilmeu, 2i:-. OBROGATION. In the clvillaw. The \ law the of one in­ OBLIG.b..TIO SOLIDAIRE. This, in alteration of L." I' sage nt with it. Calvin. Fren-a law, corre nds to joint and several con Iste OB CE� E 842

N OBSCENE. Lewd; impure; indecent: OBSTRUCTION. Tid.' i calculated to shock the moral sense of man properly descriptive of an injury to ny one'

by a disregard of chastity or modesty. incorporeal hereditament, e. g .. hi ri ht t an easement, or profit ii pren Fe: nil alt r­ OBSCENITY. The character or .. quality Dati ve word beinsr disturbaure." On tI of obscene; conduct to " o being tending corrupt other band, "Infrinzeruent i th \ , the morals uy its indecency or lewd­ public properly descriptiv e of an injury to anyone' ne s. patent-rights or to his copyright. But ob­ a \ OBSERVE. In the civii law. To perform struction" is also very g neral wor I in I. • that which has been prescribed by some law being applicable to every Ii drance of man in the di of lus d r or usage. Dig. 1,3, 32. charge ty, [wheth official, public, or private.] Brown. OBSES. In the law of war. A hostage. Obtemperanduw est con uetudini ra- Obstdes, hostages. tionabili tanquam legi. 4 'oke. ..A OBSIGNARE. In the civil law. To reasonable custom is to be obeyed as a I. w. seal IlP: as money that had been tend-red and o B T E M PER ARE. Lat. To obey. refus- • IIence the Scotch "obtemper." to obey or OB.::.IGNATORY. Ratifying and con­ COlli ply with a j udgmen t of a court. firming. OBTEST. To protest.

OBSOLESCENT. Becoming obsolete; OBTORTO COLLO. In Roman law. out of not disused, but going use; entirely Taking by the neck or collar; as a pillinlilf so. gradually becoming was allowed to drag a reluctant defen (ant to Hom. Ant �4�. OBSOLETE. Disused; neglected; not court. Adams, observed. The term is applied to statutes OBTULIT SE. (OlfereJ him elf.) In which have become inoperative by lapse of old practice. The emphatic word of enlr: either because the reason for their en­ tune, on tlte record where one party otTer d him actment has passed away, or their subject­ self in court ag.unst the other, and the III· matter no or are not 17. longer exist, they ap­ tel' did not appear. 1 Reeve. Eng. Law, pllcable to changed circumstances, 01' are OBVENTIO. Lat. In the civil law. tacitly disregarded by all men, yet without Hent; profits; income: the return from an being expressly abrogated or repealed. invest.ment or thing owned; as the earolo o B S T A PRINCIPIIS. Lat. With­ of a vessel. stand beginnings; resist the first approaches In old English law. The revenu of a or encroacluuents. colt is the of courts duty spl rltual Iivlng, so called. Also, in the piu­ to be watchful for the constitutional rights ral, "offerings." of the citizen, and against any stealthy ell­ In h law. .Accident. croachments thereon. Their motto should be OCASION. pani Las tit. 32, I. 21; Whit , -oueto prtuotpiis," Bradley, J., 116 U. S. Partidas, pt. 3, b. lit. c. 2- 635, 6 'up. Ct. Rep. 535. N.ew Recop. 2, 9, OCCASIO. A tribute which the lord OBSTANTE. Withstanding; hindering. his ne­ imposed on his vassals or tenant for See � O� OBl->TA�TE. cessrty, Hindrance: trouble; vex.itton by OBSTRICTION. Obligation; bond. suit.

or 10.IU­ OBSTRUCT. 1. To block up; to inter­ OCCASIONARI. To b charged po e obstacles ; to render Impassable: to fill ed with payments or occa-;'onall'tlunlti With barriers or as to obstruct impediments; 11\ • OCCASIONES. In old Engli. b a road or II ay, Assarts. Spelman. 2. To impede or hinder; to iuterpose ob­ fraudu­ stacles or impediments, to tbe hindrance or Occultatio thesauri inventi o( dis­ fr ust rut ion of some act or service: as to ob­ Iosa. 3 lnst. 133. 'I'he concealment struct an otlicer in th» execution of his duty. covered treasure ls fraud ulent. mod of OBSTRUCTING PROCESS. In crim­ OCCUPANCY. Occupancy u thin wh ch ina] law. The act by \\ hich one or more acquiring property by which a rt. or person at t-n pt to prevent or do prevent the belongs to nobody becomes th prop e ion of It,ll execution of lawful process. the person who took po OCCUPA�'CY 843 OVH.AL

the intention of acqniring a right of owner­ The word "occupa ion. "applied to real property, " ship in it. Civll Code La. art. 3412. is, ordinarily. equivalent to "possession. In con­ nection with other it mean thai ThE! taking possession of things which be­ expressions. may the party sboold be living upon the premises; but, fore to wilh an intention belonged nobody, standing alone. it is sati fied by actual possession. of appropriating them to one's own use. 19 Cal. 683; 11 Abb. Pro 9i; 1 EL & EL 533. "Po session" and when to I "occupancy," applied A trade; employment; profess.on ; busi­ land, are nearly synonymous terms, and may exist, neas ; means of livelihood. through a tenancy. Thus, occupancy ot a home­ stead, such as will satisfy the statute, may be by OCCUPATIVE. Possessed; nsed; em­ means other than that ot actual residence on the premises by the widow or chUd. 21 Ill. 178. ployed. There Is a use of the word in public-land laws, OCCUPAVIT. Lat. In old law. homestead laws, "occupying-claimant" laws, cases English that for of landlord and tenant, and like connections, which A writ lay one wbo was ejected out of seems to require the broader sense ot possession. bis land or tenement in time of war. Cow­ although there is, In most of these uses, a shade ell. ot menning discarding any prior title as a founda­ tion of right. Perhaps both uses or views may be OCCUPIER. An occupant; one who is that In oc­ harmonized, by saying jurisprudence in the enjoyment of a thing. cupancy or occupation is possession, presented in­ dependent of the Idea of a chain ot tille, ot any OCCUPY. To bold in possession; to carUer owner. Or "occupancy" and "occupant" hold or keep for use. 107 U. S. 343, 2 Sup. might he used for assuming property which has Ct. 677; UJohns.214. no owner, and "occupation" and "occupier" tor Rep. the more general idea ot possession. Judge Bou­ OCHIERN. In old Scotch law. A vier's definitions seem partly founded on such a distinction, and there are indications of it in En­ name of dignity; a freeholder. Skene de It does not drawn gi!ah usage. appear generally Verb. Sign • • ', American books. Abbott.. OCHLOCRACY. Government the In international law. The taking nos­ by murtitude. A form of government wherein easton of 1\ newly discovered or conquered the lace has the IV hole and ad­ country with the intention of holding and popu power ministration in its own hands. ruling It. OCTAVE. In old Englisb law. Tbe OCCUPANT. In a general sense. One eighth day inclusive after a feast; one of tbe who takes possession of a tbing, of which return of writs. 3 Bl. Comm. 278. there is no owner; one who has the actual days e sion 01' control of a )'0' thing. OCTO TALES. Eight such; eIght sucb In a sense. One who takes spectal pos­ men; eight such jurors. The name of a se ion of l mds autre held pur 'vie. after tile writ, at common law, which is res wben dentb of the and the life of the tenant. during upon a trial at bar, eight more jurors are eestu; oie. qU6 necessary to fill the panel, commanding the sheriff to summon the requis te number. Occupantis flunt derelicta. Things 3 TIl. Oomm. ::$6-!. 'ee DEeD! TALES. abandoned become the property of the (first.) occupant, 1 P�t. Adm, 53. OCTROI. Fr. In old French law. a duty, which. by the permis ion OCCUPARE. In the civil law. To seize Orlgmully, of the setpneur, any city \VIIS accustomed to or take pos es ion of; to enter upon a vacant collect on liquor anti orne other goods, 1'0 :e. sion; to take po 'session before another, withrn its for the COo­ Call in. brought precincts, surnption of the inhabitants. Afterwards OCCUPATILE. That II hich has been appropriated to the USd of the king. Steph. left by the right, owner, and is now possessed Lect. p. 361. byanotber. Oderunt peccare boni, virtutis s.more; formidine OCCUPATION. Po sion; control; oderunt pee care mali, pruuse. love of tenure; use. Good men hate sin through virtue; bad men, through fear of puoi hment.

ODHAL. Complete prop Tty, as opposed to feudal lenure. Tbe tran position of tbe '. syllable of "odhaZ" makes It "allod!l. and hence, according to Black tone, urises tbe .. ,. .. .. allod .dll- ion. weet, \\ Old allod" or ial, (q. e.) onto ET ATIA 844 OFrI 'E-C PY

odh" is thus 1n N put contradistinction to "fee­ OFFER. A propo al to do hin_... odh. " Mozley & Whitley. proposal to wake a contract. .also an tempt. ODIO ET ATIA. A writ anciently called" breve de bona et malo," addressed to OFFERINGS. In Enzli h eecl iii O the sheriff to inquire whether a man corn­ law. Personal tithes, payable b: II tom to mitted to prison upon suspicion of murder the parson or vicar of a pari h, eith r were committed on just cause of suspicion, sionally, a at sacraments, marrraz ',cl ureb­ of bur.al r at or only upon malice and ill will; and if, ing women, ,etc.. con. nt as at Ea hri tm: upon the inquisition, it were found that he times, tel', ,etc. was not then there issued another . guilty, OFFERTORIUM. In Enehsh eccl , writ to the sheriff to bail him. Reg. Orig. tical la w. The offering of the f. ithful, or tII 133. place where they are made or kept: the' n­ at the time of the ommunioa. Odiosa et inhonesta non sunt in lege ice and dishonest acts prresumanda. Odious OFFICE. "Office" i detined to be a rl h are in law. Co. Litt. 6 not presumed 78; to a or te 0 exercise public priv, employm , Wend. 228, 231; 18 N. Y. 295, 300. and to take the fee and emolumen there­

unto w hellier a th of o die B a. non preesumuntur. Odious belonging, public, magistrates, or private, as of ualllfI , reeelv­ things are not presumed. Burrows, Sett. or the like. 2 BI. omm. 36. Cas. 190. ers, That function by virtue whereof pe n CECONOMICUS. L. Lat. In old En­ has some employment in the alI.lir of an' glish law. The executor of a last will and other, whether judicial, min. lerial,le i I.· +estament. Cowell. tive, municipal, ecclesia ttc II, etc. vell. An employment on behalt of tilt' 0\ ern­ CECONOMUS. Lat. In the civil law. ment in any station or public tru t, not A manager or administrator. Calvin. merely transient, occasional, or iuciden I. OF COUNSEL. A phrase commonly 20 Johns. 493. applied in practice to the counsel employed The most frequent occasions to use the word arise with reference to a and conferred a in a cause. duty power by party wb D on an individual by the government; and, office" is u ual OF COURSE. action or taken this is the connection, "public Any step • and more discriminating ex pres ion. But a po course of which in t.he judicial proceedings froID and duty may exist Without immediate grant will be allowed the court mere ap­ c lled an of· by upon government, and may be properly of s e . plication, without any inquiry or conlest, 01' fice;" as the office of executor, the office toward Ie or which may be effectually taken without even ard. Here the individual acts In of a duty, and In to the court for leave, is said to be towards tenants performance applying their eon­ exercise of a power not derived from "of course." bleb sent, but devolved on bim by an authority qurJllu hoc is superior. Abbott. OF FORCE. In force; extant; not oh; and Offices may be cla sed as civil and military; as a or solete; existing binding obligatory civil offices may be classed as political, jud!cla� power. and mlnisterral. Political office are sueh a tra not connected immediately with the admlnl OF NEW. A Scotch m nd t expresslon, closely tion of justice, or the execution of the 'hleb re- translated from the Latin "de novo," (q. of a suportcr officer. Judicial are tho e v.) Inl late to the administration of justice. OF RECORD. Recorded; entered on are thoso which give the officer no power jud and him to 0 Y the records; and in or of the mutter to be done, require existing remaining rn1 ru the mandates of a It 1 gen the records. superior. upon appropriate exerd ed d p­ that a judicial office cannot be by while a minlsteriul one may. 121nd. OFFA EXECRATA. In old English ULy, u ed in the old la w . The morsel of execration; the corsned, "Office" is frequently t of 0(' (q. 'D.) 1 Reeve, Eng. Law, 21. books as an abbreviation for "inqu nee," (q. e.) OFFENSE. A crime or a . misdemeanor; book for the r breach of the criminal laws. OFFICE-BOOK. Any l u • ord of official or other tran cuons. 'pl It is used a genus, �s comprehending every in ublic otll and del' authority of tl! state, I n�lsdemeanor, or as a species, sig­ c�I.IIl.e not couuec ted \\ itb the courts. nlf� Ing a cnme not indictable, but punisha­ or or tran pt blv the • sumuiurrly by forfeiture of a pen- OFFICE-COPY. cop"• . fiI Jacume t alty. I of a deed 01 re -ord or an OFFICE FOUND 845 OFFIClAL LIQL"IDATOR

made by the officer baving it in custody or was not a lawful officer, the law, upon prtnctples, of and will bold valid so far as onder his sanction, and by bim sealed or cer­ policy justice, they Involve tbe public and third persons. 38 Conn. tified. 449. A defacto officer ia one who goes in under color OFFICE FOUND. In English Jaw. of authority, or wbo exercises the duties of 'le of office the of certai n Inquest found; finding office so long or nnder such circum lances as to fa(:� by a jury on an inquest or inqulsition raise a presumption of his right. 73 N. C. 546, of office. 3 ill. Comm. 258, 259. This OFFICERS OF JUSTICE. A phrase bas been adopted in American law. general to ail connected with 2 Kent, Comm. 61. nameapplicable persons the administration of the judicial department OFFICE GRANT. A designation of a of government, but commonly used only ot conveyance made by some ofllcer of the law the class of offlcers whose duty is to serve to effect certain purposes, where the owner the process of the courts, such as sheriffs, Is either unwilling or unable to execute the constables, bailiffs, marshals, seq uestrators, requisite deeds to pass the title; such, for ex­ etc. ample, as a tax-deed. 3 Wasbb. Heal Prop. Officia judicialia non concedantur an­ ·537 tequam vacent. 11 Coke, 4. Judicial of­ OFFICE HOURS. That portion of the fices should not be granted before tbeyar& day during which public offices are usually vacant. open for the transaction of business. Officia magtstratns non debent esse OFFICE OF JUDGE. A criminal suit venalia. Co. Litt. 234. The offices of mag­ 10 an ecclesia..stlcal court, not being directed istrates ought not to be sold. to the reparation of a private injury, is re­ OFFICIAL, adj. Pertaining to an office; garded as a proceeding emanating from the Invested with the character of an officer; pro­ office of the judge, and may be instituted by ceeding from, sanctioned by. or done by, an the mere motion of the judge. But, in prac­ officer. tice. these suits are instituted by private in­ with the of the dividuals, permission judge OFFICIAL, n. An officer; a person in­ or and the hie surrogate; pri vate prosecutor vested with the authority of an olliee. 10 such case is, said to any accordingly, In the civil law. The minister or appar­ • the omce of the promote judge." Mozley itor of a mauistrate or [udge. & Whitley. In canon law. A person to whom a OFFICER. The incumbent of an office; bishop commits the charge of his spiritual one who is la wfully in vested with an offico. j urisdiction. One who is charged by a superior power (and In common and statute law. The per­ particularly by government) with the power son whom the archdeacon subsututee in the and duty of exercising certain functions. execution of his jurisdiction. Cowell.

OFFICER DE FACTO. As disti n­ OFFICIAL ASSIGNEE. In English from an officer de this is the guished jU1'e, practice. An assignee in bankruptcy ap­ designation of one who is in the actual pos­ pointed by the lord chancellor to co-operate Sl'S ion and un­ administration of the office, with the other assignees in administering a tler some colorable or apparent authority, bankrupt's estate. although his title to the same, whether by lection or appointment; is in reality in valid OFFICIAL BOND. A bond given by a or lit least formally questioned. public officer, conditioned that he shall well all An oftlcor dc letcm is one who exercises the du­ and faithfully perform the duties of the tles ot ILD office under color or right, by virtue of office. The term is sometimes made to !D­ lin appointment or election to that olllce; beiog elude the bonus of executors, guardians, trus­ dlatluguts hed, on the ODe hand. from a mere USUI'P- tees, etc. I" of an omce, and, on the other, from an ollloer de [urc. 17 ann, 5,')5; 8 Bush, 14; 87 Me. 48 Id. 423; OFFICIAL In En­ M Pa. 'to. 46 t LIQUIDATOR. 70; ; Jone , (�. C.) 107. A Tho truo doctrine seems to be that it is sufficient gli h law. person appointed by the judge It the ollie r hold the office under some power In chancery, in whose court a joint- tock com­ baving color of authority to ; and that a appoint pany i being wound up, to bring and defend stntuto, though It bould be found to repugnant suits and actions in the name of the com­ tbe constttutloe, will give uch color. 21 Ohio St. 61". pany, and generally to do all things neces­ An oflk r de lacw I.s one whose acts, tbough he sary for winding up tbe aftairs of the com- OFFICIAL LOG-BOOK 846 OLD xATC'RA BREYIGM

N pany, and distributing its assets, S Steph. acting in the admini tralion of til clu rlty. Comm.24. Sweet.

OFFICIAL LOG-BOOK. A log-book

� in a certain form, and containing certain the statute of u es, which im ru du

o specifl. d entries required by 17 & l� Vict. c. on the legal owner or feofee to . 104, �§ 280-282, to be kept by all British con veyance to A. with direcuons for hit to merchant ships, except those exclusively en­ sell the e tate and di tribute th· pre and D. gaged in the coasting trade. amollg B., ., To enub: A. form this duty. he had the I g\l po OFFICIAL MANAGERS. Persons of the estate to be sold. Wh rtou. formerly appointed. under English statutes OFFICIALTY. The court or dic­ now repealed. to superintend the winding up jur. of insolvent companies under the control of tion of which an official i head. the court of Wharton. chancery. OFFICIARIIS NON F CIE �DI

. ' VEL AMOVENDIS. A writ nd .. � to OFFICIAL OATH. One taken by an the magi trate of a corporation, requir II officer when he assumes charge of his office, them not to make such a man an otllcer, or whereby be declares that be will faithfully one out oUice hI' ha to put of the • until in­ discharge the duties of the same, or whatever quiry is made of his manners, etc, l{(". else may be required by statute in the partic­ Orig. 126. ular case. OFFICINA JUSTITIlE. The work­ OFFICIAL PRINCIPAL. An ecclesi­ shop or office of ju tice, The chancery \\ astical officer who e duty it is to hear causes formerly so called. between party and party as the d(·legate of the blshcp or archbishop by whom he is ap­ OFFICIO, EX, OATH. An oath wher He also holds the ollice of pointed. generally by dean province Canterbury 01' tln ng whereby be may be Iiahle to .lOy of arches." Phillim. Ecc, 1203, et HI. Law, censure, penalty, or punishment. 3 seq.; weet. Comm.447.

OFFICIAL SOLICITOR TO THE OFFICIOUS WILL. A testumei t by COURT OF CHANCERY. An officer in hi which a testator leaves his property to whose functions are to the 11- England protect family, andars, Just. Inst. :!.u7 ....e ' suuor to under the fund, and adruinlster, OFHCIOUS TESTAME1IiT. direction of the court, so much of it as now Officit conatus si effectus sequatur. comes under the spending power of the court. The becomes of consequence, tha IIe acts for persons slling or defending in attempt elIect follows. Jenk. Cent. 55. forma pauperis, when so directed by the judge, and for those who, through ignorance Officium nemini debet esse damno­ or of con­ of forgetfulness, have been guilty sum. Office ougnt not to be an OCC.I Ion of court not lIe law. tempt by obeying process. loss to anyone. A maxim ill oten al '0 acts generally a solicitor in all cases in Bell. which the chancery division requires such OIR. In h law. To II ar: to serv icea. 'I'he office IS transferred to the Spani White, £ew 1 ecop. b. 3, tlt.. 1, high court by the judicature acts, but no al­ cognizance. c.7. teration in its name appears to have been ik- made. sweet, OKER. In, cotch law. Usury; th to I w. of interest for money, contrary OFFICIAL TRUSTEE OF CHARITY lng Bell. LANDS. The secretary of the English Tb til charity commis ioners. He is a corporation OLD NATURA BREVIUM. Ed I sole tor the purpo e of taking and holding \ of a treatise written in the I' gn ot werth n real pro! erty and leaseholds upon trust for III. cout.uning the writs which an endowed a short COUl­ charity in cases where it appears most in 1I e, annexing to ich to the court d« irable to ve t them in him. meut concerning their nature and tb ppl­ a Lare r rt IIe is tru tee, tl.e po .se.. ion and man- cation of them, with their variou I agernent of the land remaining in t II persons and euects. 3 Reeve, Eng. I w,15- OLD.'ATen A BREVTUM 847 OMNE TE TA:hlE_'TUM, ETC.

It is 0 called by way of distinction from Omissio eorum qUIB tacite insnnt ni­ lhe New. 'atnra Brevium of Fttzherbert, and hil operatur. The omission of tho ethings I generally cited as "O.�. B.," or as "Vet. which are tacitly implied is of no consequence. �"a. B.," usmg the abbreviated form of the 2 Buist. 131. Latln title. OMISSIS OMNIBUS ALIIS NEGO­ OLD STYLE. Tbe ancient calendar or TIIS. Lat. Laying aside all other busi­ method of reckoning time, whereby the year nesses. 9 East, 347. commenced on March 25th. It was super­ OMITTANCE. Forbearance; omis ion. seded by the new style (that now in use) in Omne actum ab intentione agentis est most countries of Europe in 1582 and in judicandum. Every act is to be judged by In 1752. England the intention of the doer. Branch, Prine. OLD TENURE�. A treatise, so called Omne crimen ebrietas et incendit et to disti nguish it from Littleton's book on the detegit. Drunkenness both inflames (or ag­ same subject, which gives an account of the gravates) and reveals every crime. Co. Litt. various tenui es by which land was bolden, 247a; 4 Bl. Comm. 26; Broom, Max. 17. the nature of estates, and some other inci­ dents to landed pro] erty in the relgn of Ed­ Omne jus aut consensus fecit, aut ward Ill. It is a very scanty tract, but has necessitas constituit aut firmavit con­ tI e ruerit of having led the way to Littleton's suetudo. Every right is ellher made by flimous work. 3 Reeve, Eng. Law, 151. consent, or IS constituted by nece ity, or is established by custom. Dig. 1, 3, 40. OLEOMARGARINE. An artlficial : imitation of butter, made chiefly from animal Omne magis dignum trahit ad se mi­ nus vis minus sit fats. Its sale is prohibited by statute in sev­ dignum, quam dignum worthier dra \\ s to eral states. iee 114 Pa, St. 265, 7 AU. Rep. antiquius. Every thing it the less the less be 913; 127 U.. 678,8 up. Ct. H.ep.992, 1257; worthy, t.hough worthy Litt. 3;'56. 63 �rd. 5!16; :36 �linn. 69, 30 N. W. Ht-p. 308; the more ancient. Co. ,Mo. N. Y. 11 N. E. 77 110; 105 123, Rep. Omne magnum exemplum habet ali­

64 ... T. II. 15 Atl. 210. 277; 549, Rep. quid ex iniquo, quod publica utilitate compensatur. llob.279. Every great ex­ OLERON, LAWS OF. A code of mar­ ha some I ortion of evil, which is com­ itime laws published at the island of Oleron ample pensated by the public utility. in the twelfth century by Eleanor of Gui­ enne. They were adopted in England succes­ Omne majus continet in se minus. sively under Richard I., Henry Ill., and Ed­ Every greatPr contains in itself the Ie . 5 ward III., and are often cited before the ad­ Coke, U5a. The greater al ways contains miralty courts. tile less. Broom, .Max. 174.

OLIGARCHY. A form of government Omne majus dignum continet in se wherein the admimstrauon of affairs is minus dignum. Co. Litt. 43. The more in itself the less lodged in the hands of a few persons. worthy contains worthy.

Omne minus in se complectitur. OLOGRAPH. An instrument (e. g., a maju embraces in itself the less. WIll) wholly written by the person from wlwm Every greater 20 . It emanates. Jenk. Cent.

trahit ad se accesso­ OLOGRAPHIC TESTAMENT. The Omne principale draws to it.-elf oli)�raJlhic te tament is that which is written rium. Every principal thing 17 Ma s. 425; 1 Johns. 5 O. by the t· tutor himself. In order to be valid the accessory. it mu: t be lind. inredlficatur solo entirely written, dated, igned o m n a quod solo the hand of the te tater. It is rt to i by ubj cadit. Everythmg which built upon the no other and be made form, may anywhere, soil belongs to the soil. Dig. 47,3,1; Broom, tate. i vii art. even out of lhe Code La. Max. 401. 15 ; civu de "il 1277. Omne sacramentum debet esse de certa to be of certain o L Y M P I AD. .A. Grecian epoch; the scientia. E\ery oath ought 279. space ot tour Yl'ilfS. know ledge. 4 Inst,

te tamentum morte oonsum­ OM E BUENO. In •. pani h law. A Omne S 29. will is com­ good man: a ubst.mtial per on. Las Par­ matum est. Coke, Every tidne, pt. 5, tit. 13, 1..' • pleted by death. O)lNES ACTIONES, ETC. 848 OM�I 1.T fEHPRETATlO, ETC.

N Omnes actiones in mundo infra certa Omnia qure jure contrahuntur con.

tempera habent limitationem. All actions trario jurepereunt. Dllf.;;. 17.1 • AU in the world are limited within certain peri­ things which are con traded by 1 � eri b by ods. Bract. fol, 52. a contrary law. o Omnes homines aut liberi Bunt aut Omnia quee sunt uxoris sunt ip iu servi. All men are freemen or slaves. Inst. viri. All thing which are lbe wif e I. 3, pr.; Fleta, 1. 1, c. I, § 2. the husband's. Bract. fol. 32; Co. Li t.l!:! See 2 Kent, Counu, 130-143. Omnes licentiam habere his quee pro so indulta sunt, renunciare. [rt is a rule Omnia rite acta prse umuntur. U of the ancient la w that] all per ons shall have things are presumed to have been rigbtl Ii berty to renou nce those privileges w hich done. Broom, .Max. 944. ha VP been conferred for their benefit. Cod. OMNIBUS AD QUOS PRESE TES I. 3,51; ld. 2, 3, 29; Broom, Max. 699. LITERlE PERVENERINT, SALUTEM. Omnes prudentes ilia admittere solent To all to w hom the present letters hall come, quee probantur iis qui in arte sua greeting. A form of addres witb \\ III b bene versati sunt, All prudent men are charters and deeds were uucieutly com­ accustomed to admit those things which are menced. approved by those who are well versed in the Omnis actio est loquela. Every action art. 7 Coke, 19. is a plaint or complaint, o. Lilt. 2�2a. Omnes sorores sunt quasi unus heeres Omnis conclusio boni et veri judicii de una. hrereditate. Co. Litt. 67. All sis­ sequitur ex bonis et veris presnns is at ters are, as it were, one heir to one inherit­ dictis juratorum. Every conclu ion ot a ance. good and true judgment follows 1I0w good OMNI EXCEPTIONE MAJUS. 4 lust. and true premi res, and the verdicts or juror. 262. Above all exception. Co. Litt. 22Gb.

Omnis Omnia. delicta in aperto leviora sunt. consensus tolliterrorem. Every All crimes that are committed openly are consent removes error. Con ent always re­ moves the eITed of error. 2 III t. 123. lighter, [or have a less odious appearance than those committed 8 Cuke,127a. secretly.] Omnis definitio in jure civih pertcu­ Iosa e t enim ut non ub­ OM N I A PERFORMAVIT. He has est, parum verti 50, 17,201. All c1I:1101' clone all. In pleading. A good plea in bar possit. Dig. non in the ci villa w is for tb re where all the covenants are in the affirmative. hazardous, is little that cannot subverted. 1 Me. 189. be

Omnis definitio in a, AU Omnia preesumuntur contra. spotiato­ lege periculo definition in law is hazardous. 2 Wood. rem. All things are presumed against a Lect.1\:)6. despoiler or wrong-doer. A leading maxim in of the law evidence. Best, Ev. p, 340, Om n i s exceptio est ipsa. quoque • § 303; Broom, Max. 938. regula. Every exception is itself al o· rul .

Omnia prresumuntur legitime facta Omnis indemnatus pro innoxl legibus donec probetur in contrarium. All habetur. Every uncondemued pelon I are to be un­ things presumed lawfully done, held by the la w as innocent. LotIt, 121- ti! proof be made to the contrary. Co. Litt. Omnis innovatio plus novitate per­ 232b,. Best, E v. p. :i37, § 300. turbat quam ultilitate prode t. Every I Omnia prresumuntur rite et solem­ innovution occasions more I nnn- by 2 Bu t. niter esse acta donec probetur in con­ novelty than b netit by its utility. trarium. All things are presumed to have D3�; Broom, Max. 147. been rightly and duly performed until it is Omnis interpretatio st fieri pote t 1ta proved to the contrary. Co. Litt. 232; fienda est in inatrumentts, ut omne con­ Broom, Max. 944. trarietates amoveantur. Jenk. nt, 96- to Omnia prresumuntur solemniter esse Every interpretation, if it can be done, truments that 1 nu acta. Co. Litt, 6. All things are presumed be so made in ill to have been done rightly. dictious may be removed. 49

Omnia Interpretatio el declarat, vel ON CALL. TbPre is no legal di iference extendit, vel restringit. Every interpre­ between an obligation payable "when d&­ " tation either declares, extends. or restrains. manded or "on den and" and one payable "on call" or "at any time called for." In Omnia nova constitutio futuris formam each case the debt is payable immediately non imponere debet, prreteritis. Every 22 Grat. 609. new statute ought to prescribe a form to These futnre, not to pa t. acts. Bract. fol. 228; 2 ON CONDITION. words may be lnst. Q5. construed to mean "on the terms." in order to effectuate the intention of parties. 4.­ Omnis est sed non persona homo, Watts & s. 302. vicissim. Every pr·rson is a man. but not ON DEFAULT. In case of I'very man a person. Calvin. default; upon failure of stipulated action or performance; Omnis privatio preesuppontt habitum. upon the occurrence of 8 failure. omission. Every privation presupposes a former enjoy­ or neglect of duty. ment, Co. Litt. 339a. A "rule of phi­ lo. "ph Ie" quoted by Lord Coke. and applied ON DEMAND. A promissory note pay­ to the dlscontm uance of an estate. able "on demand" is a present debt, and iH payable without any demand. 2 !lees. & W. Omnis querela et omms actio injuria­ 461: 39 Me. 494. rum limits. est infra certa tempora. Co. Litt. 114b. Every plaint and every action ON FILE. Filed; entered or placed upon for Injurte is limited within certain times. the files; existing and remaining upon or among tile proper lIles. Omms ratihabitio retrotrahitur et mandate priori requiparatur. Every ON OR ABOUT. A phrase used in re­ ratiflcatron relates back and is equivalent to citlng the date of an occurrence or convey­ II prior authority. Broom. Max. 757, l:!71; ance, to escape the necessity of being bound Chit. ·ont. 196. by the statement of an exact date.

Omnis regula suas patitur exceptiones. ON OR BEFORE. These words. in­ rule is liable to its own Every exceptions. serted in a stipulation to do an act or pay entitle the til OMNIUM. In mercantile law. A term money. party stipulating per form at any time before the day; and upon used to express the aggregate value of the performance. or tender and refusal. he is im­ dltTerent stock In whicb a loan is usually vested WIth all the w hicb funded. Tomlins. mediately rights would have attached if performance were Omnium contributione sarciatur quod made on the day. 6 J. J. Marsh. 156. pro omnibus datum est. 4 Bing. 121. Once a fraud, always a fraud. 13 Vin. That which is given for all is recompensed Abr.539. by the contrlbutlon of all. A principle of the law of g neral average. ONCE A MORTGAGE, ALWAYS A MORTGAGE. This rule signifies that an Omnium rerum quarum usus est, potest instrumentoriginally intended as a mortgage. e e abusus, virtute solo excepta. There and not a deed. cannot be converted into any­ may be an abuse of everything of which thing else than a mortgage by any subsequent there is a. use, virtue only excepted. Dav. Ir. clause or agreement. K. D. 79. Once a recompense, always a recom­ ON ACCOUNT. In In part payment; pense. 19 Yin. Abr. 277. partial sat! faction of an account. The ONCE IN JEOPARDY . .A. u ed phrase Is u nally contra ted with" in full." phrase to express the condition of a person charged ON ACCOUNT OF WHOM IT MAY with crime. who has once already, by legal CONCERN. When a of policy insurance proceeding. been put in danger of con \ ie­ II es thnt expres the insurance is made on ac­ tion and puni hment for the same offense. (,Ollilt of whom it IIIl1y concern," it will cover Once quit and cleared, ever quit and II persons having an insurable inlere t JO cleared. ( .....cotch, ani quit and clenged, a . the subject-matter at the date of the policy quit and ... kene, de Verb. ign :lnd w ho were then contemplnted by the party clenged.) voc... Her.," ad lin. procuring tbe in urance. 2 Pars. Mar. Law, 30. ONCUNNE. Accused. Du Cange

A .• IlICT.Uw--54 100,000 POr;�D.� CLAUSF. 850 OPE_- CORPORA.TIO_·

N ONE HUNDRED THOUSAND ONUS IMPURTANDI. The b, rg ot PO U N D S CLAUSE. A precautionary importing merchandise, mention 1 in t

stipulation inserted in a deed making a good 12 Car. n. c. 2 . tenant to the pracipe in a common recovery. ONUS PROBANDI. Lat. Burri II or See 1 Prest. Conv. llO. proving; the burden of proof. Th trl t o " ONE-TH.IRD NEW FOR OLD. See meaning of the term nu' prob tuii" NEW FOR OLD. that, if no evidence is adduc I by the p rty on whom the burden Is ca t, the 1 lie IUU. t ONERANDO PRO RATA POR­ be found again t him. 1 lIou l. 44. TIONIS. A writ that lay for a joint tenant or tenant in common who was disLrained for OPE CON S I L I O. Vlt. By aid anti

more rent than his proportion of the land counsel. A civil law term applied to . comes to. Reg. Orig. 182. sarles, imilar in import to the "aiding lid abetting" of the common law. Often \ ru­ ONERARI NON. In pleading. The ten "ope et COIl ilio." Burrill. name of a plea, in an action of debt, by which to be tbe defendant says that he ought not OPEN. 1. To open 1\ ca i to in It: .charged. to make an iniliatory explanation of it fe;It­ ures to the court, jury, referee. etc., by out­ ONERATIO. A lading; a cargo. lining the nature of the transaction on which ONERATUR NISI. See O. NI. it is founded, the que tion involv I, and ONERIS FERENDI. Lat. In the civil the character and general course of the evi­ to be adduced. law. The servitude of support; a servitude dence 2. To a court is to make a Iorrual an­ !.Iy which the wall of a house is required to open the crier. that II sustain the wall or beams of the adjoining nouncement. usually by house. session has now bt·gun. and that the bu ne before the court will be proceeded with. ONEROUS. A contract, lease, share, or S. To open n legal document. e. g., a depo­ other right is said to be "onerous" when the sition, is to break the seals by which it w obligations attaching to it counter-balance or secured, and lay it open to view, or to brinl( exceed the advantage to be derived from it, it into court ready for II e. either absolutely 01' with reference to the par­ 4. 'I'o open a judgment, deer e, or similar ticular possessor. Sweet. uct of a court is to lift the bur of fin.llity

ONEROUS CAUSE. In Scotch law. A e 0 as to allow a 'ho which it impo • party good and legal con ideration. is entitled to such relief to proc to I r - examination of the merits. ONEROUS CONTRACT. In the civil .. 5. To a street or is toe tal law this term a contract based up­ open highway designates I. lish it and make it a\ ailable to public trav on any consideration or how­ given promised, the 6. To open a rule or order is to revoke ever trifling or incon itlerable such consider­ action by which it wa made tinal or I 0- ation may be. Civil Code La. art. 1767. Jute. and give an opportunity to show ClIU law. A ONEROUS DEED. In 'cotch against it. deed for a valuable consideration. Ie given 7. To open bids received on a judicial. Bell. for of property is to reject or cancel them ONEROUS GIFT. A gift made subject fraud or other call e, and direct a re ale. to certain charges impo ed by the donor on OPEN ACCOUNT. An account "hich the donee. h has not been finnllj' settled or closed, but unent or ONOMASTIC. A term applied to the stili I'U nning or open to future adju signature of an instrument, the body of which liq u illation. is in a different handwriting from that of the Open account, In legal as well in ordla ry to futoN ignature. Best. Ev. 315. guage, means an indebtedne subject or modi· adjustment, and which may be r duced ONUS. Lat. A burden or load; a weight. fied by proof. l Ga 275 The lading. burden, 01' cargo oC a vessel. A OPEN A CREDIT. To ace pt or pay charge; an incumbrance. Oum onere, (q.v.,) \\ Ito II DIll with the incumbrance. the draft of a correspondent no. furnished fund. PRide su • ONUS EPISCOPALE. Ancient cu tom- ary payments from tlte clergy to their dioce- OPEN CORPORATIO san bi. hop, )f yno lnls, penteco tals, elc. all the citizens or (of} r t T OPE ... COUI�T !:I51 OPEIL\.TlO_- OF LA. W

I the election of the officers of the corporation. commence their proceedrngs is thence termed 3 Bland, 416. note. the "commission day of the assizes." Brown.

OPEN COURT. This term may mean OPENING A JUDGMENT. The act of the court in so far either a court which has been formally con­ relaxing the finality and conclusi veness of a vened and declared open for the transaction judgment as to allow a re-examination of the case of its proper judicial business, or a court on which it was Th' which is freely open to the approach of all rendered, is done at the instance of a detent and orderly persons in the character party showing good cause why the exe­ of spectators. cution of lhe judgment would be inequitable. It so far annuls the judgment as to prevent OPEN DOORS. In Scotch law. "Let­ its enforcement until the final determination ters ot doors" are which em­ open process upon it, but does not in the mean time release

the or officer of the la w , powers messenger, its lien upon real estate. to break open doors of houses or rooms in OPENING A RULE. 'fbe act of re­ which the debtor bas placed his goods. Bell. storing or recalling a rule which has been OPEN FIELDS, or MEADOWS. In made absolute to its conditional state, as a English law. Fields which are undivided, rule nisi, so as to readmit of cause being but belong to separate 0 VI" ners ; t he part of showu against the rule. Thus, when a rule each owner is marked off by boundaries un­ to show cause has been made ab:olute under til the crop bas been carried oil', when the a mistaken impres ion that no counsel had P,I ture is shared promiscuously by the joi nt been instructed to show cause against it, it herd ot all the owners. Elton, Commons, is usual for the party at who e instance the 31; weet. rule was obtained to consent to have the rule which all the subse­ OPEN INSOLVENCY. The condition opened, by proceedings quent to the day when cause ought to bave of one who has no property, within the reach been shown against it are in effect nullified, of the law, applicable to the payment of any and the rule is then in the debt. 8 B1ackf. 305. argued ordinary way. Brown. OPEN LAW. The making or waging of OPE N I N G BIDDINGS. In equity law. Magna Charta, c. 21. practice. The allowance by a court, on suffi­ OPEN POLICY. In marino insurance. cient cause shown, of a resale ot property One In which the value of the subject insured once sold under a decree. i not fixed or agreed upon in the policy, as OPENING THE PLEADINGS. tat- bel ween the a' ured and the underwriter, ing briefly at a trial before a jury the sub­ but is len lo be estimated in case of loss. stance of the pleadings. This is done by the 'I'he tet m Is to "valued in opposed policy," junior counsel for the plaintiff at the com­ value of tbe insured is which the subject mencemeu t of the trial. fixed for the purpose of the insurance, and OPENTIDE. The time after corn is car­ expressed on the face of the policy. Mozley ried out of the fields. , Whitley. OPERA. A ition of a dramatic OPEN THEFT. In axon law. The compo kind, set to mu ic and sung. 311me with the Latin "furtum manifestum," accompanied with musical instruments, and enriched with (q. 1).) appropriate costumes, scenery, etc. The OPENING. In American The practice. house in which operas are represented is b the the first ad­ eglnnlng : commencement; termed an "opera-house." 1 Pittsb. H. 71. dress of the counsel. OPERARII. uch tenants, under feudal OPENIN G A COMMISSION. An en­ tenures, as held some little portiuns of land tering upon the duties under a commission, by the duty of performing bodily labor and or commencing to act under a commission, servile work for their lord, is so termed. Thus, the judges of a size OPERATIO. One day's work performed nnd nisi prius derive their authority to act by a tenant for his lord. under or by virtue of commissions directed to them tor that purpo e; and, when they OPERATION OF LAW. This term commence acting under the powers 0 com­ expre es the manner in which rights, and milted to them, they are aid to open the sometlm liabilities, devolve upon a person commissions; and the d. y on which they so by the mere application to the particular OPERATIVE 52 OPrLMA E T LEX QL£, ET .

N transaction of the established rules of law, decision reached in regard to n (". use tried or without the act or co-operation of the party argued Lefore them, expo mlin the 1 w himself. applied to the case, and detail ncr the re II upon which the judgment is based. OPERATIVE. A workman; a laboring Oman; an artisan; particularly one employed Oportet quod certa res deducatur in in factories. donationem. It is nece ary tho t certain thing be brought into the gift, or mt I the OPERATIVE PART. That part of a subject of the conveyance. Bract. fol. 15b. conveyance. or of any instrument intended for the creation or transference of rights. by Oportet quod certa re deducatur 10 which the main object of the instrument is judicium. Jenk. Cent. 4. A thing cer­ carried into effect. It is dtstingulshed from tain must be brought to judgment. introductory matter, recitals, formal conclu­ Oportet quod certa sit re qUIB vendi­ sion, etc. tur. It is neces ary that there hould UtI I OPERATIVE WORDS. in a deed or certain thing which is sold. To make s valid lease, are the words which effect the transac­ sale, there must be certainty !\S to the thing tion intended to be consummated by the in­ which is sold. Bract. fol. 61b. strument. Oportet quod certee per onee, terral. OPERIS NOVI NUNTIATIO. In the et certi sta.tus comprehendautur in dec­ civil law. AproLestor warning against [of] Iaratione usuum. 9 oke, 9. It is n e­ a new work. Dig. 39, 1. sary that gi ven per ons, land, and e III should be comprehended in a declaration of OPETIDE. The ancient time of mar­ uses. riage, from Epiphany to Ash-Wednesday. OPPIGNERARE. Lat. In the civil Opinio est duplex, scilicet, opinio vul­ law. To pledge. Calvin. garis, orta inter graves et discretos, et OPPOSER. An officer quee vultum veritatis habet; et opinio formerly betong­ tantum orta inter leves et vulgares ing to the green-wax in the exchequer. veritatis. 4 Coke, homines, absque specie OPPOSITE. An old word for "oppo­ 107. is of two kinds, corn­ Opinion namely, nent." mon opinion. which springs up among grave and discreet men, and which has the appear­ OPPOSITION. In bankruptcy prac­ is the refusal of 8 creditor ance of truth, and opinion which springs up tice. Opposition to assent to the debtor's under the only among light and foolish men. without discharge the semblance of truth. bankrupt law.

In French to • Opinio quee favet testamento est te­ law. A motion open nenda. The opinion which favors a will is to judgment by default and leL the defenllanL in to a defense. be followed. 1 W. Bl. 13. argo

ccm­ OPINION. 1. In the law of evidence. OPPRESSION. The mtsdemeanor mitred a who, under color opinion is an inference or conclusion drawn by public officer. of his office, inHicts any by a witness from facts some of which are wrongfully upon onment. or known to him and others assumed. or drawn person any bodily harm, tmpn: other 1 Russ. Crimes, 2l!7; IeI'll. from facts which, though lending probability injury. Crim. Law, 71. to the inference, do not evolve it by a process Dig. of absolutely UIl­ necessary reasoning. OPPRESSOR. ..A. public oIDc r who An inference certain facts necessarily involving lawfully uses his authority by way of oppr may be stated without the facts, the inference be­ sion, ing an equivalent to a specification of the facts; (q. 11.) but, when the facts are not necessarily involved OPPROBRIUM. In the civil law. J­ in the inference (e. g., when the inference may be sustained upon either of several distinct phases of nominy; infamy; shame. fact, neither of which it necessarily involves,) est conBuetudo. then the facts must be stated. Whart. Ev. § 510. Optima legis interpres Custom is the best interpreter or th 111\\· . ..A. document prepared by an attorney for I. .2 Dig. I, 3, ::l7; Lofft, 237; Broom, M X. hIS client. embodying his understanding of relin­ the law as npplicable to a state of facts. ub­ Optima e t lex quee minimum mltted to him for that pili pose. quit arbitrio judici ; optimu jude qui Ill,.l; 3. The tatement by a judge or court of lhe minimum stbr, 'I'hat law is the be \ OP [BfA, TAT UTI, :ETC. 53 ORANDO PHO HEGl:: ET HEG�'O

lea ves least to the discretion of the judge; , lng, it is denom i nated a "call." If it gi ves that judge is the best who leaves least to his the choice of selling or not, it is called own. Bac, Aphorisms, 46; 2 Dwar. St. 782. "put." If it is a combination of both these, That system of law is best which confides as and gives the privilege of either buying or hule as possible to the discretion of the judge; selli ng or not. it is called a "straddle" or a that judge the best who relies as little as pos- "spread eagle." These terms are used on sible on his own opinion. Broom, Max. 84; the stock-exchange. I Kent. omm. 47!:!. OPTIONAL WRIT. In old English Optima. statuti interpretatrix est (om­ practice. That species of original writ. oth­ nibus particulis ejusdem inspectis) ip­ erwise called a "practpe." which was framed sum statutum. The best interpreter of a in the alternative. commanding the defend­ statute is (all its parts being considered) the ant to do the thing required. or show the rea­ statute itself. !:! Coke, 117b,. Wing. Max. p. son wherefore he had not done it. 3 BI. 23). max. 68. Comm.274. OPUS. Lat. labor; the OPTIMACY. Nobility; men of the high­ Work; product t rank. of work or labor.

o PU S LOCATUM. The of Optimam esse legem, quee minimum product work let for lise to or the hi out rehnquit arbitrio judicis; id quod eer­ another; ring of work or labor to be done a titudo ejus pree tat. 'I'hat law is the best upon thing. "I ich leaH'S the least discretion to the judge; OPUS MANIFICUM. In old English and this is an ad vantage which results from law. Labor done by the hands; manual la­ its Bac. 8. certainty. Aphorisms, bor; such as waking a hedge. digging a ditch. Fleta, lib. 2. C. 4!:!, 3. Optimus mterpres rerum usus. Use § or usage is the best interpreter of things. OPUS NOVUM. In the civil law. A 2 Inst. 282; Broom. Max. 917, 930. ssi. new work. By this term was meant some­ thing newly built upon land, or taken from Optimus interpretandi modus est sic a work already erected. lie was. aid opus leges interpretari ut leges legibus con­ novum face1'e (to make a new work] who. cordant. 8 Coke. 169. The best mode of either by building or by taking anything Interpretation is so to interpret laws that they away, changed the former appearance of 1\ may accord with each other. work. Dig. 3�, 1, 1. 11. consuetudo. Optimus legum interpres OR. A term used in heraldry. and sig­ 4 Inst. 75. ustom is the best interpreter nifying gold; called "sol" by ome heralds of the law. when it occurs In lhe arms of princes, and OPTION. In English ecclesiastical "topaz" or "carbuncle" wben borne by peers. law, cu ternary prerogative of an arch­ Engra vers r pre ent it by an indenn te num­ bishop. \\ hen a bishop is conseeruted by him. ber of small points. Wharton. Lo name a «lerk or of his own to be chaplain ORA. A axon coin, valued at sixteen provlde.I for such bi in by suffragan hop; pence. and sometimes at twenty pence. lieu of which It is now usual Ior the bishop ORACULUM. In the civil law. The to make over bj deed to the archbi hop, his name of a ki nd of e or sentence ven executor lind a Igns, the next presentation respon gi the Homan of Stich dign ity or ben flc in the bishop's by emperors. disposal within that see, a the archbishop ORA L . Uttered by the mouth or to hnnself hall choo i e, which therefore called words; poken, not written. his "option." 1 Bl. omrn. 3 1; 3 teph. • ORAL PLEADING. word omm. 63. 64; ewell. Pleading by of mouth. 10 the actual pre ence or the court. In contracts. n option ia II pri ilege This \\ the ancient mode of ID - pleading i ting in on per on, ror which he hu paid England. and continued to the reian of Ed­ mont'S. which gi \'8:1 him the right to buy cer­ ward III. iteph. PI. 23-26. l in rnerch III.li 'e or certain pecitled securt­ tie from another per on. if he choose. at ORANDO PRO REGE ET REGNO. noy time within an aer d p riod, at It fixed n ancient writ which i ned. while there or to ell such price. property to uch other was no tanding coiled for I s ttin parlia­ person t In eed r ice agl l and time. If the ment, to pray for the p ace an I good govern­ option giv the cholce of buyrng or not buy- ment of tbe realm. ORAXGEMEN 854 ORDER OF DbCH.11 E

N G RANGEME N. A party in Ireland the Cortes ill the yaar 1348. hm. Ci-i1 who keep alive the views of William of Law, Jntrod. 75. Orange. Wbarton. ORDER. In a general en e. A m n- ORATOR. The plaintiff in a cause or date, precept; a command or di Ion Ill' o matter in chancery, when addressing or pe­ thoritatively given j a rule or reeul. tion. titioning the court. used to style himself "or­ The distinction between "order" and "requ n tion is that the first is a UI ator," and, when a woman, "oratrix." But mandatorj' act, tar a request. 19 Johns. 7. these terms have long gone into disuse, and In direction of court the customary phrases now are "plaintiff" practice. Every or made or entered in Yo rttinz, and DO or "petitioner." judge included in a is denominat I n In Roman law, the term denoted an ad­ judgment, an i a vocate. "order." An applicaliun for order motion. Code 'Ivil Proc, Cal .. 1003; Code A female a fe­ ORATRIX. petitioner; N. Y. § 400. male in a bill in was for­ plaintiff chancery Orders are also issued by subordinate Ie pi : tlve merly so called. authorities. Such are the Eoglish orders ill COUD­ cil, 01' orders issued by the privy council in tho ORBATION. of one's Deprivation pa­ name of the queen, either in exercise of lIle roo rents or children, or privation in general. prerogative or in pur uance of an act of par i Little used. ment. The rules of court under the judicature c � are grouped together in tbe form of orde es b ORCINUS LIBERTUS. Lat. In order dealing with a particul r subject-in uer Roman law. A freedman who obtained his Sweet. liberty by the direct operation of the will or An order is also an Informal bill of e - testament of his deceased master was so change or letter of request whereby the p 1ft) called, being the freedman of the deceased, to whom it is add res ed IS directed to P;I)' or (orcintts.) not of the hares. Brown. deli vel' to a per on therein named the "bole or part of a fund or other property ot the per­ ORDAIN. To institute or establish; to son making the order, and which is in the make an ordinance: to enact a constitution poasession of the d ra wee. or law. lt is further a designation 01 the per on to ORDEAL. Tbe most ancient species of whom a bill of exchange or negouable prom­ trial, in 'axon and old English law, being issory note is to be paid. peculiarly distinguished by the appellation It is also used to designate a rank, cl '. of "judicium Dei," or judgment of God, it or division of men; as the order of nob . being supposed that supernatural interven­ order of kuignts, order of priest, etc. tion would rescue an innocent from person In French law. 'I'he name order (0,,1 e) the of harm to which he danger physical is gi veil to tile oper.itiou which b;1S for II was exposed in this species of trial. 'I'he or­ object to fix the rank of the pr.:ferenc deal was of two ort ,-eilher fire ordeal or claimed by the creditors in the di t nbutiun water ordeal; the former being confined to of the price [arising from the sale] of an lIU­ person of higher rank, the latter to the com­ movable affected by then lien. lJ.lllol, "'CIt mon people. 4 Bl. Comm. 342. "Ordre."

ORDEFFE, or ORDELFE. A lrberty ORDER AND DISPOSITION of good whereby a man claim tile ore fount! in his and chattels. \V hen goods are in th "order " to own land; also, the ore lying under land. and dispoaitiou of a bankrupt. they o owell. time his trustee, ant! have gone 80 since tile of James I. Wharton. OR DEL S. In old English law. The of right administering oaths and adjudging ORDER NISI. A provisional or eondi-, trials by ordeal within a or w thin precinct liberty. tional order, allowing a certain time Cowell. or which to do some required act. on 131lur olute. ORDENAMIENTO. In Spanish law. which the order WIll be mad' ab

Au order from the and • emanating sovereign, ORDER OF DISCHARGE. In En from a cedula in form and in differing only land. An order made under the bankruptC. the mode of it promulgation. chm. Civil tb er­ act of 1�6!). hy a court of bankruptcy- Law. Introd. 93, note. r m fect of which is tad s harge a bankrupt 1 ORDEN 01' rov ble und AMIENTO DE A L CAL A • all debts, clann • demands A collection of Spani h law promulgated by the bankruptcy. OHDEH F F1LIATION

FILIATION. An order ORDER OF ORDINANDI LEX. The law of pro­ m de by a court or judge baving jurisdiction, cedure, as dlstlngulsbed from the substantial fixing the paternity of a ba tard child upon part of the law. a gl\'en man, and requiring him to provide Ordmarius ita dicitur quia habet or­ for its support. dinariam jurisdictionem, in jure pro­ prio, et non propter C<> ORDER OF REVIVOR. In English deputationem. Litt. 96. The ordinary is so called because practice. An order as of course for the con­ be has an ordinary jurisdiction in his OWh tinuance of an abated suit. It superseded and not a one. the bill of revivor. right, deputed

ORDINARY. At common law. One ORDERS. The directions as to the course who has exempt and immediate jurisdiction and of a the owner purpose voyage given by in causes ecclesiastical. Also a bi hop; and ot the vessel to the n or master. For captai an archbishop is the ordinary of the whole other meanings, see ORDER. province, to visit and receive appeals from inferior [urlsdicttons. Also a comm ssary or OBDERS OF THE DAY. mem­ Any official of a bishop or other ecclesiastical judge ber ot the house of commons who English having judicial power; an archdeacon; officer wishes to propo e any question, or to "move of the royal household. Whartoll. the house," as it is termed, must, in order to In American law. A judicial officer, in the house due notice of his give intention, several of the states, clothed by statute wit.h state the form or nature of his motion on a powers in regard to wills, probate, adruims­ and have it entered in a book previous day, tration, guardianship, etc. termed the "order-book;" and the motions In Scotch law. A. single judge of the 80 entered, the house arranges, shall be con­ court of session, who decides with or without sidered on particular days, and such mouons a jury, as the case may be. Brande. or matters, w hen the day arri ves for their be­ In the civil law. .A judge who has au­ inJ considered, are then termed Lhe "orders thority to take cognizance of causes in his of the day." Brown. .A similar practice own right, and not by deputation. obtaius tn the legislative bo lies of this coun­ try ORDINARY CARE. That degree of care which person of ordiu.rry care and pru­ ORDINANCE. A rule established by dence are ,ICCll, torned to use and employ, un­ a permanent rule of action; II In w authority; der the same or imilar circum tan 't'S, in order or statute. In a more limited sense, the term to conduct the enterprise in which they are Is used to designate the enactrnen ts of the engaged to a .Ife and succes 'ful termination, leglalatrve uody ofa municipal corporation. having due regurd to the rights of others and 'trlctly, a bill or law which might stand with tbe object to be accomplished. 8 Ohio t.. tho old law, and did not alter any statuto in rorce 58l. at tho umo, and which became complete by the rojul uaseut, on the parllamellt roll, without any The phra e "ordiuary care" is equivalent to rea­ entry on the MaCltte roll. A bill or law which sonable care, and necessarily involves the idea mlgM at any time be amended by the parliament, that such care was to be u ed as a reasonable per­ stance to avoid without any statute. Hale, Com. Law. An or­ son, under like circum , would adop din nee WI\!\ otherwise distinguished from a stat­ an acciden t. S .Allen, 39. ee, also, 25 Ind. 155; 6 UIAl by the circumstance that the latter required Duer, ess. 2 Yt. 4.>S; 23 Conn. 443.. tho threefold IlS ent of king, lords, sud commons, ORDINARY CONVEYANCES. Those whllo an ordinance might be ordained by one or Lwo otthese constituent bodie. See 4 Inst, 25. deed of transfer which are entered into be­

tween two or more without all as­ The name has al 0 been gi ven to certat n per 011", in a court of lice. enactment. more general In their character surance superior ju Wharton. than ordinary statute, and serving a 01'­ laws, not to be called "con- gume yet exactly ORDINARY DILIGENCE is that ue­ tltutlons." Such was the" rdinance for gree of care which men of common pru fence the government of the .J.. orth- Wt'st Terri­ generally exerctse in their iffairs, in the COUIl­ tory," nact d by congre in 1787. try and the age in which they .Ive, 3 Drew t.9. ORDINANCE OF THE FOREST. In EngH h la\ . t..tnte made touching ORDINARY NEGLECT or NEGLI- matt I'� nnd cuus of the forest. 33.,. 3� GE CEo Thl omis ion or thnt care w l.Ich hllw.I. I a mnn of common prudence II ually takes of ORDIXA.RY OF A IZE, ETC. l:!56

N his own concerns. 1 Edw. Ch. 513, 543. See ORDINIS BENEFICIUM. [.at. I 24 X. Y. 181. the civil law. The benefit or prl 'lIe order; the privilege wh ch a urety f r ORDINARY OF ASSIZE AND SES­ debtor had of reqmring that hi prlDcip: I SIONS. In old English law. A deputy of should be di cus ed, or thoroughly j r It­ l he bishop of the diocese, ancien nted o tly appoi ed, before the creditor could r sort to him. to give malefactors their neck-verses, and Nov. 4, c. 1; Heinecc. Etem, lib. s.iu, 21. whether read or not; also to judge they per­ § 883. form divine services for them. and assist in preparing them for death. Wharton. ORDINUM FUGITIVI. In old En. glish law. Tho e of the religtous \I ho d ORDINARY OF NEWGATE. The serted their houses, and, tbrowin off the who is attendant condemned clergyman upon habits, renounced their partlcular order in malefactors in that to them prison prepare contempt of their oath and other obli tions, for deatll; he records the behavior of such Paroch. Antiq. 3 . person. Formerly it was the custom of the ordinary to publish a small pamphlet upon o RD O. Lat. That rule � hich monk. the execution of any remarkable criminal. were obliged to observe. Order; r gular ue­ Wharton. cession. An order of a court.

ORDINARY SKILL in an art, means ORDO ALBUS. The whit friars r u­ that degree of skill which mer. engaged in gustines. Du Cange. that art not that particular usually employ; ORDO ATTACHIAME TORUM. In which belongs to a few men only, of extra­ old practice. The order of lUI .hmen . endowments and capacities. 20 Pa. • ordinary Flela, II b. 2, c. 51, 12. St. 130; 11 Mees. & W. 113; 20 Mart. (La.) ORDO GRISEUS. The frllr.!. or 75. grny order of Ci tercians. Du ang!'. ORDINATION is the by which ceremony ORDO JUDICIORUM. In the canon a bishop confers on a person the privileges law. The order of judgrnents; the rule by and powers necessary for the execution of which the due course of hearing tach u e sacerdotal functions in the church. Phillim. was prescribed. 4 Reeve, Eng. Law, 17. Ecc. Law, no. ORDO NIGER. The black tn. N. or ORDINATIONE CONTRA SERVIEN­ Benedictine. The Clu niacs likvw l I' \ ore a servant for TES. A writ that lay against black. DII Canm-. leaving his master contrary to the ordinance ORE-LEAVE. A lie use or right to dig of t. 23 & 24 Edw. III. Reg. Orig. 189. and lake ore from land. 4 I'll. t J.l • ORDINATUM EST. In old practice, ORE TENUS. word of mouth: 0 • 'Iy. It is ordered. The initial words of rules of By was carried on ore UIIII , -eourt when entered in Latin. Pleading anciently at the bar of the court. 3 BI. Comm. 293. Ordine placitandi servato, servatur et ORFGILD. In axon law. The prlc When the order of is JUB. pleading observed, .• be" t. or value of a beast. A payment. for the law also is observed. Co. Litt.303a; The payment or forfeltur of a bea t. pen- Broom, Max. 1 alty for laking away cattle. pt'llllan. ORDINES. A general chapter or other ORGANIC LAW. The funtJ.mlt'ntAl solemn convention of the of a IIr nation, religious par­ law, or con titution, of a tat" ticular order. tern r written or unwritten; that law or sy UlIII tab­ la ws or princi pIes which define ORDINES MAJORES ET MINORES. nt. lishes the organization of its trovernlJl In ecclesiastical la w. The holy orders of furnish prie t, deacon, and subdeacon, any of which ORGANIZE. To � tabli h or

. to Into [uuli tied for presentation and admission to an with organ to ystematize: put .' . ler for the eccle ia .tical or cure were called "or­ work order: to 10 on dignity 109 arrange • dines majores;" and the inferior orders of normal exercise of it appropriate tunetten . d t i II in chanter, palmi , ostiary, reader, exorcist, The word "organize," .rnllroth and acolyte were called" ordines minores," and other charter', ordinarily i \lIH Persons ordained to the ordines miuores had choice and quahflcution of all n c ry In 0f; their prima ton ura, different from the fleers for the tran action of th lin tcm"na ctericatis, Cowell. the corporation. This is U IIllly on ORGLLD t57 OHPI1A.-AGE PAnT

all the capital stock has been subscribed for. compel the appearance of the defendant. Conn. 60. 30 Distinguished from "mesne" process, which issues, the of a OR GIL D. In axon law. Without during progreas suit, for some subordinate or collateral arid recompense; as where no satisfaction was to purpose; from "fi nal" which is of be made for the death of a man killed. so that process, process ex­ ecution. be was judged lawfully slain. pelman. ORIGINAL WRIT. In h ORIGINAL. Primitive; first in order; Engli prac­ tice. An original writ was the process for­ bearing its own authority, and not deriving merly in use for the commencement of per­ authority from an outside source; as original sonal actions. It was a mandatory letter jUli diction, original writ, etc. As applied from the king, issuing out of chancery, sealed to documents, the original is the Ih st copy with the great seal, and directed to the sher­ or archetype: that from which another in- iff of the county wherein the injury was com­ trument is transcribed, copied, or imitated. mitted, or was supposed to have been com­ ORIGIN AL AND DERIVATIVE mitted, requiring him to command the ESTATES. An original is the first of sev- wrong-doer or accused party either to do jus­ ral estates, beari ng to each other the re­ tice to the plaintiff or else to appear in court lation of a particular estate and a reversion. and answer the accusation again t him, Thi \0 original estate is contrasted with a den va­ writ is now disused, the writ of summons live estate: and a derivative estate is a par­ being Lhe process prescribed by tbe uniformi­ ticular interest carved out of another estate ty of process act for commencing �,el onal (If larger extent. Prest. Est. 125. actions; and under the judicature act, 1 73. all suits, even in the court of chancery, are ORIGINAL BILL. In equity plead­ to be commenced by such writs of summons. A bill which relates to some matter ing. Brown. not before lltrgated in the court by the same persons standing in the a me mterosts. Mitf'. ORIGINALIA. In English law. Tran­ Eq. Pl. 33. scripts sent to the remembrancer's office in In old practice. The ancient mode of the exchequer out of the chancery, distill­ commencing actions in the English court of guished from recorda, which contain the king's bench. See BILL. judgments and pleadings In actions tried be­ fore the barons. ORIGINAL CHARTER. In Scotch law. One by which the Iirat grant of land Origine propria neminem pos e vo­ i made. On the other hand, a charter by luntate sua eximi manifestum est. It is progress is one renewing th« grant i 1 favor evident that no one is able of his own pleas­ or the heir 01' singular successor of the first ure, to do away with his proper origin, Code

3 , Max. 77. or succeed i ng vassala. Bell. 10, 4; Broom,

ORIGINAL CONVEYAHCES. Those Origo rei inspici debet. The origin of to Co. Litt. conveynnces at common law, otherwise a thing ought be regarded. 248b. t rmed "prtnuuy," by which a beneflt or I'S­ ORNEST. In old English law. The tale Is created or fi rst arises; com pri i ng trial by battle, which does Dot eem to have . t lease , Ieoffrnent gil , gran ts, exchanges, been usual in England before the time of the and partitions. 2 Bl. Comru. 309. Conqueror, though originating in the king­ ORIGINAL ENTRY. The fir t entry doms of the north, where it was practiced (If an item of an account made by a trader or under the name of "hoZmgang," from the other per: on In hi account-books, as disti n­ custom of fighting duels on a sm III island Kui hed from entrie posted into the ledger 01' holm. Wharton. or copied from other books. ORPHAN. A minor or infant who has ORIGINAL JURISDICTION. Juris­ 10 t both (or one) of his or her paren ts. diction in the first in lance; juri diction to More part.lcularly, a fatherle 'child. 33 Pa. lake cognlzance of a cau e at it inception, st. 9. try it, and pa judgment upon the law and ORPHANAGE PART. Thatportiono( Llcl. Di tinguished from appellate juris­ an inte tate's effect' which his children were dict iun. entitled to by the Cll toiu of London. This ORIGINAL PROCESS. Tbat by which Cll tom appears to have been a remnant ot II judlcial proceeding i ins! iluted; process lo what was once a genel:!1 law all over Eng- ORPHAXOTHOPIII 858 UT OF COURT

N land. namely. that a fatber should not by from Bishop Osw ild , \\ ho ob bis will bequeath the entirety of his personal King Edgar, to be given t estate away from his family. but should Church in Worce ter. It wr e leave them a third part at least. called the o "children s part," corresponding to the "bairns' part" or legitim of Scotch law, and OTER LA TOUAILLE. In the I also (although not in amount] to the leqitima of Oleron. To deny a seam. n hi m quarta of Roman law. (lnst. 2, 18.) This Literally, to deny the table-cloth or ·Ir. custom of London was abolished by St. 19 & uals for three meals. 20 Vict. c. 9-1. Brown.

ORPHANOTROPHI. In the civil law. OTHES WORT HE. In on Oaths oath or enut ,j Managers of houses for orphans. worth; worthy; worthy to make oath. Bract. fols. 1 5.' "2b. ORPHANS' COURT. In American law. Courts of probate jurisdiction, in Delaware, OUGHT. This word, thong I • nera If Maryland, New Jersey, and Pennsylvania. directory only, will be taken a mar u:I(orr ( the context requir it. 49 Mo. 51 . ORTELLI. The claws of a dog's foot. Kitch. OUNCE. The twelftb part; tbe twelfth part of a pound. ORTOLAGIUM. A garden plot or hor­ tilage. OURLOP. The lierwite or fine paid to the lord by tbe inferior tenant wben bi1 ORWIGE, SINE WITA. In old En­ daughter wa debauched. Cowell. glish law. Without war or feud, such se­ curity being provided by the laws. for hom­ OUST. To put out: to eject: to remove Icides under certain circumstances, against or depri ve; to depri ve of the po e. 'lon or the fmhth, or deadly feud, on the part of the enjoyment of an e tate or franchi ·e. family of the slain. Anc. Inst. Eng. OUSTER. In practice. A putting oot; OSTENDIT VOBIS. Lat. In old plead­ dieposseaslon: amotion of posse ion. A ing. Shows to you. Formal words with species of injury to thin's real. uy whlch which a demandant began his count. Fleta, the wrong-doer gain actual occupation of lib. 5, c.38, § 2. the land. and compel the rightful 0\\ 11 r to seek his legal remedy in order to g in OSTENSIBLE PARTNER. A partner possession. 2 Crabb, Real Prop. p. 1063. whose name is mado known and appears to 2454a. the world as a partner, and who is in reality § such. tory, Partn. § O. OUSTER LE MAIN. L. Fr. Liter 1- ly, out of the hand. OSTENSIO. A tax anciently pai, by l. A delivery of lands out of the kin' merchants. etc., for leave to show or expose hands by judgment given in favor of the pe­ their for sale in markets. Du goods Cange. tit.ioner in a monstrans de droit. land out of OSTENTUM. In the civil law. A mon­ 2. A delivery of the ward" hands oC the on the form r 1'­ strous or prodigious birth. Dig. 50, 16. 38. the guardian. t\ riving at the proper age, which W;l. nty-

OSTIA REGNI. Gales of the . .1001- kingdom. one in males, and sixte n in Iernal The of the of are so &: Wbit­ ports kingdom England ished by 12 Car. II. c. 4. �lodl'Y called by ir Matthew Hale. De Jure :\lar. I Il'Y. c. 3. pt. 2, d OUSTER LE MER. L. Fr. Br)on OSTIUM ECCLESIlE. In old on. 1 in' English the sea; a cause of excu II if a p law. The door or of the church, porch summoned. did not appear in court. where dower was anciently conferred. b n I OUT OF COURT. H� who OSWALD'S LAW. The law which to b "out of by gal statu» in court is said was effected the of married the co rt, ejection priests. court," i. e., he I not before introduction of monks into churches, an action. and the Thus. "hen the plaintiff in of about A. D. ion. 110 by Oswald, bishop Worcester, some act of omi sion or cO'llmi

• clio::!. 9l14. '\ harton. that he is unable to maintain his • bun: If 0 t or . aid to OSWALD'S LAW HUNDRED. An is fl'�'l"enlly put C()UI't." Br o w n. ancient hundred in ",,'orcestf'fshire, so called OGT OF THE STATE 859

OUT OF THE STATE. Beyond sea, not make his constant or principal residence, (which title see.] is an outhouse. 2 Root, 516. A smaller or subordinate connected OUT OF TIME. A mercantile phrase building with a dwelling, usually detacbed from it and to a or vessel that has been so applied ship standing at a little distance from it, not intended as to the belief of her total long at sea jnstify for persons to live In, but to serve some purpose of loss. convenience or necessity; as a barn, a dairy, a tool­ and the like. In another sense, a vessel is said to be out house, 0/ time wben, computed from her known OUTLAND. The Saxon thanes divided day of sailing, the time that has elapsed ex­ their hereditary lands into inland, such as ceeds the average duration of similar voyages lay nearest their dwelling, which they kept at the same season of the year. The phrase to their own use, and outland, which lay be­ is identical with "missing ship." 2 Duer, yond the demesnes, and was granted out to Ins. 469. tenants, at the will of the lord, like copyhold estates. This outland they subdivided into OUTER BAR. In the English courts, two parts. One part they disposed among barrlaters at law have been divided into two those who attended their persons, called are admit­ classes, viz., queen's counsel, who II "theodans, or les er thanes; tbe other part ted within the bar of the courts, in seats spe­ they allotted to their husbandmen, or churls. reserved for themselves, and cially junior Jacob. counsel, who sit without the bar; and the latter are thence ireq uentIy termed barristers OUTLAW. In English law. One who or of la w. ot the "onter bar," or "utter bar," in con­ is put out of the protection aid tbe tradtstfnction to the former class. Brown. OUTLAWED, w ben applied to a promis­ note, means barred by the statute of lim­ OUTER HOUSE. The name gi ven to sory itations. 37 �le. 389. the great hall of the parliamen t house In EdInburgh, in which the lords ordinary of the OUTLAWRY. In Enulish law. A pro­ court of session sit as single judges to hear cess by which a defendant or person In con­ causea. The term is used colloquially as ex­ tempt on a civil or criminal process was de­ pr sive of the business done there in contra­ clared an outlaw. If for treason or felony, dl tinction to the "Inner House," the name it amounted to conviction and attainder. given to the chambers in which the (lrst and Stirn. Law Gloss. second divisions of the court of session hold o U TP A RT E R B. tealers of cattle. their sittings. Bell. Cowell. OUTFANGTHEF. A or liberty privi­ OUTPUTERS. 'uch as set watches for lege In the ancient common law, whereby a the robbing any manor-house. Cowell. lord wns enabled to call any man d wellmg in OUTRAGE. in bis manor, and taken for felony in another Injurious VIolence, or, of place out of his fee, to judgment in his own general, any species serious wrong offered court. Du Cange. to the per on, feelings, or rights of another. See 44 Iowa, 314. o U 'I' FIT. 1. An allowance made by OUTRIDERS. In law. Bailiffs· the United tates government to one of its English errant employed by sheriffs or their deputies diplomatic representatives gOIng abroad, for to ride to tbe extremities of their counties or lhe expense of his equipment. hundreds to summon men to the county or 2. This term, in its original lise, as applying hundred court. Wharton. to ships, embraced those objects connected wlth 11 ship which were necessary for the OUTROPER. A person to whom the and sailing of her, without which she would busl ness of selling by auction was Confined not in faet be naviguble. But in ships en­ by statute. 2 H. Bl. 557. l{llgl'

N OUTSTANDING TERM. A term In OVERLIVE. To survive: to ii\'� Ion 'r

" gross at law, which, in equity, may be made than another. Finch, La b. 1. c. 3, 00. attendant upon the inheritance, either by ex­ 58j 1 Leon. 1. press declaration or by implication. OVERPLUS. What Is lefl beyond a cer­ o OUTSUCKEN MULTURES. In Scotch tain amount: the re idue: the rem iod rot law. Out-town multures ; multures, duties, a thing. or tolls paid by persons voluntarily grinding corn at any mill to which they are Dot thi1·led, OVERREACHING CLAUSE. Io. or bound by tenure. 1 Forb. Inst. pt. 2, p. resettlement, a clause which av the POll­ 140. ers of sale and leasins anne ed to the e te for life created by the origin II settlement, OUVERTURE DES SUCCESSIONS. when it is desired to give the tenant for lie In French law. The right of succession the same estate and powers under the r t· which arises to one upon the death, whether tlement. The clause is so called beer II e it natural or civil, of another, provides that the resettlement ball be OHr· OVELTY. In old English law. Equality. reached by the exercise of the old power. If the resettlement were executed \\ ithout o V E R . In conveyancing, the word provision to this effect. the estate ot the ten­ "over" is used to denote a contingent limit­ ant for life and the an nexed powers would be ation intended to take effect on the failure of subject to any charges for portions. etc., C� a prior estate. Thus, in what is commonly ated under the original settlement. 3 Dav, called the" name and arms clause" in a will Conv. 489; Sweet. or settlement there is generally a proviso that fails to with tile condi­ if the devisee comply OVERRULE. To supersede; annul; re­ tion the estate is to to some one else. go ject by subsequent action or deci ion. A [u­ a or over. Wals. TiJis is limitation gift dicial decision is said to be overruled when a Sweet. Cornp. Eq. 1110j later decision, rendered by tbe same court or a court in the same sy rem, ex­ OVERCYTED, or OVERCYHSED. by superior presses a judgment upon the IIm� gu tlon Proved guilty or con victed. Blount. of law directly opposlte to that which w. OVERDRAW. To draw upon a person before given, thereby depriving the earlier or a bank, by billa or checks, to an amount opinion of all authority as a precedent. The in excess of the funds remaining to the dra w­ term is not properly applied to conflicting er's credit with the drawee, or to an amount decisions on the same POlOt by co-onllll.lt or greater than what is due. independent tribunals. oC The term "overdraw" has a definite and 'well­ In another sense, "overrule" is poken is drawn from the understood meaning. Money the action of a court in refu ing to 8U taln, bank by him who draws the check, not by him wbn or recognize as sufficient, an objection ro de receives the money; and it is drawn upon the ac­ in course of a as the Introduc· count of the individual by whose check it is drawn, the trial, to though it be paid to and for the benefit of another. tion of particular evidence, etc. No one can draw money from bank upon his own account, except by means of his own check or OVERSAMESSA. In old Engh h I. VI. draft, nor can he overdraw his account with the not A forfeiture for contempt or neglect ill bank in any other manner. 24 N. J. Law, 478, <1M. pursuing a malefactor. 3 Inst. llo. OVERDUE. A negotiable instrument OVERSEER. A or su­ or other evidence of deLt is overdue when the superintendent a offlcer who e 11 uti ln­ day of its maturity is past and it remains un­ pervisor ; public of routine paid. A vessel' is said to be overdue when volve general superintendence she has not reached her destination at the affairs. time when she have been might ordinarily OVERSEERS OF HIGHWAYS. Tit to arrive. expected . 1 bo:ml name given, in some of the sllv to or co Int}, OVERHAUL. To inquire into; to re­ or officers of a city, township, trucllon view; to disturb. "The merits of a judg­ whose special function Is the con or ,. ment can never be ooerhauled by an original and repair of the public roads high suit." 2 H. HI. 414. OVERSEERS OF THE FOOlL l' r-

t • of th OVERHERNISSA. In axon law. Con­ sons appointed or electro to t, tum .. or I t cy contempt of court. Leg....Ethel. poor with moneys Iurnrshed to the to, c.25. public authority. bGl OYEH A_on TEIUIL·EP.

An UnJ­ and do as OVERSMAN. In Scotch law. enjoy with be pleases, even to spoil or as far a the law a submission to decide destroy it, permi , unless he be r ire •• ppointed by prevented by some agreement or covenant which two arbiters have differed in opinion, wlil're restrains his right. Bouvier. the or he is named by arbiters themselves, IIIIIIcr them oy the submission. I powers given OWNERSHIP. Thecompletedominion. BelL title, or proprietary right in a thing or claim. • ee PROPERTY. OVERT. Open; manifest; public; lssu- from that The ownership of a is the of Ii g in action, as distinguished thing right or which rests merely in intention or design. mo�e per on to po sess and USf' it to the exclusion of others. In this Code, the OVERT ACT. In criminal law. An lonething of which there may be ownership is open, manifest act from which criminality called "property." Civil Code Cal. § 6;)4. be An which must may implied. open act, Ownership is the right by which a thing bP S lnst. 12. manifestly proved. belongs to some one in particular, to the ex­ clusion o!: all other persons. Civil Code La. OVERT WORD. An word, open, plain art. 488. not to be misunderatood. Cowell. Ownership Is dtvlded into perfect and impf'I" Iect. Ownership is when it is OVERTURE. An opening; a proposal. perfect perpetual. and when the thing is uuincumbered with any real right towards other than the owner. OWELTY. Equality. 'fhis word is used any person On the contrary, owncrship is imperfect when it law in as fol­ In several compound phrases, is to terminate at a certain timo or on a condition lew 1I: or if the thing which is the object of it, being an is with real toward }. Owelty of' partition is a 8Ul11 of money immovable, charged any right a third person; as a usufruct, use, or servitude. paid by one of two coparceners or co-tenants When an immovable is subject to a usufruct, the to HIP when a has been ef­ other, partition owner of it is said to possess the naked ownership. rected between them. but, the land not be­ Civil ode La. art. 490. ing susceptible of division into exactly equal hares, such payment is required to make OXFILD. A re titution anciently mad!' tbe portlons respecti vely assigned to them of by a hundred or county for aoy wrong done equal value. by one that wa within the same. Lamb. Arl'h.125. 2. I n the feudal Ia w, w hen there is lord, rue ne, and tenant, and the tenant holds the OXGANG In old Engli hlaw. As tile lie by the same service that the mesne much land an ox could till. o. Lrtt. 5a. hold over the lord above him, this was called A mea ure of land of uncertain In "owelty of services." Tomlills. quantity. , cotland, it consisted of thirteen acres. pel­ 3. Owelty of exchanoe is a sum of 1Il0n­ man. t'} given, when two persons have exchanged lands, by the ow ner of t.he Ie s valuable es­ OYER. In old practice. Hearlng ; the late lo the owner of the more valuable, to hearing a deed read, which a party sued on a the equalize exchange, or aod it was bond, etc.• might pray demand, then reati to him the other the en­ OWING. omething unpaid. A debt, by party: the record "et ei Zegitur in lure for example, is owing while It is unpaid. and tryon being. ilis read tohim in these wort! II hether It be due or not. verba," (and .) ·teph. PI. 67. 6 ; tl BI. Corum. 99; 3 Salk. OWLERS. In English law. Persons Ill}. 1\ ho curried wool, etc., to the sea-side by In modern practice. A copy of a bond III it be off ile flight, order that might shipped or specialtj sued upon, given to tile oppo contrary to law. J'\tob. party. in lieu of the old practice of readirlg it.

OWLING. In law. The ofTense English OYER AND TERMINER. A half

of trun: wool or. out of the - porung' heep king. French phra e applied in England to the a dum; so c.• lled frum it 0 ina carded usunlly sizes, which are so called from the cornmls­ on in the 4 BI. Corum. 154. night. sion of oyer and term iner directed to tile empowering them to "Inqurre, litIii, OWNER. Thp pe on in whom i ve ted judges, and determine" all t rea on , fe.oni , allu the owner- hip, dominion, ortilleof property; mi tlt·meanor. Thi com III i 'on is now Is- proprletur. 0 sued r- gularly, out w: formerly u: ed only lie who h � dominion of a thing, real or personnl. art ieular o, cas ions, us u 011 sudden out- ,rJ1lll, ul or i.ncor re I, which he hu u J'ight to I 011 1 OYER DE RECORD 862 OYEZ

N rage 01' insurrection In any place. In the sake, wfll bear or look upon aoy l'9C'lN. United States, the higher criminal courts are Cowell. called" courts of oyer and terminer." Bur. OYEZ. Hear yeo A word used in courts rill. by the public crier to comm. nd a tentlun o OYER DE RECORD. A petition made when a proclamation is about to b& m e. In court that the judges, for better proof's Commonly corrnpted into "0 yes."