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NAIL, A measure of length, equal to two inches and a quarter. Vide Measure.
NAKED. This word is used in a metaphorical sense to denote that a thing is not complete, and for want of some quality
NAME . One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. 2. The Greek
NAMES OF SHIPS. The act of congress of December 31, 1792, concerning the registering and recording of ships or vessels, provid
NAMIUM. An old word which signifies the taking or distraining another person's movable goods; 2 Inst. 140; 3 Bl. Com.
NARR, pleading. An abbreviation of the word narratio; a declaration in the cause.
NARRATOR. A pleader who draws narrs serviens narrator, a sergeant at law. Fleta, 1. 2, c. 37. Obsolete.
NARROW SEAS, English law. Those seas which adjoin the coast of England. Bac. Ab. Prerogative, B 3.
NATALE. The state of condition of a man acquired by birth.
NATIONAL or PUBLIC DOMAIN. All the property which belongs to the state is comprehended under the name of national or public domain. 2. C
NATIONALITY. The state of a person in relation to the nation in which he was born. 2. A man retains his nationality of ori
NATIONS. Nations or states are independent bodies politic; societies of men united together for the purpose of promotin
NATIVES . All persons born within the jurisdiction of the United States, are considered as natives. 2. Natives will b
NATURAL AFFECTION. The affection which a husband, a father, a brother, or other near relative, naturally feels towards those who
NATURAL DAY . That space of time included between the rising and the setting of the sun. See Day.
NATURAL EQUITY. That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It correspo
NATURAL FOOL . An idiot; one born without the reasoning powers, or a capacity to acquire them.
NATURAL FRUITS. The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reprodu
NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enfor
NATURAL PRESUMPTIONS, evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or co
NATURALIZATION. The act by which an alien is made a citizen of the United States of America. 2. The Constitution of the Unite
NATURALIZED CITIZEN. One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and la
NAUFRAGE , French mar. law. When, by the violent agitation of the waves, the impetuosity of the winds, the storm, or th
NAUTAE. Strictly speaking, only carriers by water are comprehended under this word. But the rules which regulate such
NAVAL OFFICER. The name of an officer of the United States, whose duties are prescribed by various acts of congress. 2. Nava
NAVICULARIS, civil law. He who had the management and care of a ship. The same as our sea captain. Bouch. Inst. n. 359. Vid
NAVIGABLE. Capable of being navigated. 2. In law, the term navigable is applied to the sea, to arms of the sea, and to r
NAVIGATION. The act of traversing the sea, rivers or lakes, in ships or other vessels; the art of ascertaining the geograp
NAVY. The whole shippings taken collectively, belonging to the government of an independent nation; the ships belong
NE BAILA PAS. He did not deliver. This is a plea in detinue, by which the defendant denies the delivery to him of the thing
NE DISTURBA PAS, pleading. The general issue in quare impedit. Hob. 162 Vide Rast, 517; Winch. Ent. 703.
NE DONA PAS, or NON DEDIT, pleading. The general issue in formedon; and is in the following formula: "And the said C D, by J K, his attor
NE EXEAT REPUBLICA, practice. The name of a writ issued by a court of chancery, directed to the sheriff, reciting that the defenda
NE LUMINIBUS OFFICIATOR, civil law. The name of a servitude which restrains the owner of a house from making such erections as obstruct
NE RECIPIATUR. That it be not received. A caveat or words of caution given to a law officer, by a party in a cause, not to re
NE RELESSA PAS . The name of a replication to a plea, of release, by which tlie plaintiff insists he did not release. 2 Buls.
NE UNJUSTE VEXES, o ld Engl. law. The name of a writ which issued to relieve a tenant upon, whom his lord had distrained for more
NE UNQUES ACCOUPLE, pleading. A plea by which the party denies that he ever was lawfully married to the person to whom it refers.
NE UNQUES EXECUTOR, pleading. A plea by which the party who uses it denies that the plaintiff is an executor, as he claims to be;
NE UNQUES SEISIE QUIZ DOWER, pleading. A plea by which a defendant denies the right of a widow who sues for, and demands her dower in lands
NE UNQUES SON RECEIVER, pleading. The name of a plea in an action of account render, by which the defendant affirms that he never was
NE VARIETUR. These words, which literally signify that it be not varied or changed, are sometimes written by notaries publi
NEAT or NET, contracts. The exact weight of an article, without the bag, box, keg, or other thing in which it may be envelo
NEATNESS, pleading. The statement, in apt and appropriate words, of all the necessary facts, and ne more. Lawes on Pl. 6
NECESSARIES. Such things as are proper and requisite for tlie sustenance of man. 2. The term necessaries is not confined m
NECESSARY AND PROPER. The Constitution of the United States, art. 1, s. 8, vests in congress the power " to make all laws, which sha
NECESSARY INTROMISSION, Scotch law. When the husband or wife continues, after the decease of his or her companion in possession of the
NECESSITY. In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibiliti
NEGATION. Denial. Two negations are construed to mean one affirmation. Dig. 50, 16, 137. NEGATIVE. This word has sev
NEGATIVE AVERMENT, pleading, evidence. An averment in some of the pleadings in a case in which a negative is asserted. 2. It is
NEGATIVE CONDITION, contracts, wills. One where the thing which is the subject of it must not happen; as, if I do not marry. Poth.
NEGATIVE PREGNANT, pleading. Such form of negative expression, in pleading, as may imply or carry within it an affirmative. 2. T
NEGATIVE STATUTE. One which is enacted in negative terms, and which so controls the common law, that it has no force in oppositi
NEGLIGENCE, contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, n
NEGLIGENT ESCAPE . The omission to take such a care of a prisoner as a gaoler is bound to take, and in consequence of it, the p
NEGOTIABLE PAPER, contracts. This term is applied to bills of exchange and promissory notes, which are assignable by indorsement
NEGOTIABLE. That which is capable of being transferred by assignment; a thing, the title to which may be transferred by a
NEGOTIATION, contracts The deliberation which takes place between the parties touching a proposed agreement. 2. That which
NEGOTIATION, merc. law. The act by which a bill of exchange or promissory note is put into circulation by being passed by o
NEGOTIORUM GESTOR, contracts. In the civil law, the negotiorum gestor is one who spontaneously, and without authority, undertakes
NEIF, old Eng. law. A woman who was born a villain, or a bond woman.
NEMINE CONTRADICENTE , legislation. These words, usually abbreviated nem. con., are used to signify the unanimous consent of the ho
NEPHEW, dom. rel. The son of a person's brother or sister. Amb. 514; 1 Jacob's Ch. R. 207.
NEPOS. A grandson. This term is used in making genealogical tables.
NEUTRAL PROPERTY, insurance. The words "neutral property " in a policy of insurance, have the effect of warranting that the prop
NEUTRALITY, international law. The state of a nation which takes no part between two or more other. nations at war with ea
NEW AND USEFUL INVENTION. This phrase is used in tlie act of congress relating to granting patents for inventions. 2. The invention to
NEW FOR OLD. A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making
NEW HAMPSHIRE. The name of one of the original states of the United States of America. During its provincial state, New Hamps
NEW JERSEY. The name of one of the original states of the United States of America. This state, when it was first settled,
NEW MATTER, pleading. All facts alleged in pleading, which go in avoidance of what is before, pleaded, on the opposite sid
NEW or NOVEL ASSIGNMENT, pleading. Declarations are conceived in very general terms, and sometimes, from the nature of the action, are
NEW PROMISE. A contract made, after the original promise has for some cause been rendered, invalid, by which the promiser a
NEW TRIAL, practice, A reexamination of an issue in fact, before a court and jury, which had been tried, at least once, b
NEW WORK. In Louisiana, by a new work is understood every sort of edifice or other work, which is newly commenced on any
NEW YORK. The name of one of the original states of the United States of America. ln its colonial condition this state w
NEW. Something not known before. 2. To be patented, an invention must be new. When an invention has been described
NEWLY DISCOVERED EVIDENCE. That evidence which, after diligent search for it, was not discovered until after the trial of a cause. 2. In
NEWSPAPERS. Papers for conveying news, printed and distributed periodically. 2. To encourage their circulation the act of
NEXT FRIEND. One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or othe
NEXT OF KIN. This term is used to signify the relations of a party who has died intestate. 2. In general no one comes with
NEXUM, Rom. civ. law. Viewed as to its object and legal effect, nexum was either the transfer of the ownership of a t
NIE'@QT DEDIRE. To say nothing. 2. These words are used to signify that judgment be rendered ag@ a party, because he does not
NIECE, domestic relations: The daughter of a person's brother or sister. Amb. 514; 1 Jacob's Ch. R. 207.
NIEF, old Eng. law. A woman born in vassalage. In Latin she was called Nativa.
NIENT COMPRISE. Not included. It is an exception taken to a petition, because the thing desired is not contained in that deed
NIENT CULPABLE. Nof guilty the name of a plea used to deny any charge of ao r@al nature, or of a tort.
NIENT LE FAIT, pleading. The same as non est factum, a plea by which the defendant asserts that the deed declared upon is not
NIGHT WALKERS. Persons who sleep by day and walk by niggt 5 E. Ill. c. 14; that is, persons of suspicious appearance and deme
NIGHT. That space of time during which the sun is below the horizon of the earth, except, that short space which prec
NIHIL CAPIAT PER BREVE , practice. That he take nothing by his writ. This is the judgment against the plaintiff in an action, either
NiHIL DICIT. He says nothing. It is the failing of the defendant to put in a plea or answer to the plaintiff's declaration
NIHIL HABET. The name of a return made by a sheriff, marshal, or other proper officer, to a scire facia.9 or other writ, wh
NIL DEBET, pleading. The general issue in debt,6r simple contract. It is in the following form: IcAndthesaideD, by E F, h
NIL HABUIT IN TENEMENTIS, pleading. A plea by which the defendant, wbo is sued by his landlord in debt for rent uppa-a lease, but by dee
NISI PRIUS ROLL, Eng. practice. A transcript of a case made from the plea roll, and includes the declaration, plea, replication
NISI PRIUS. These words, which signify 'unless before,' are the name of a court. The name originated as follows: Formerly,
NISI. This word is frequently used in legal proceedings to denote that something has been done, which is to be valid
NO AWARD. The name of a plea to an action or award. 1 Stew. 520; f Chip. R. 131; 3 Johns. 367. See Nul. Agard.
NO BILL. These words are frequently used by grand juries. They are endorsed on a bill of indictment when the grand jury
NOBILITY. An order of men in several countries to whom privileges are granted at the expense of the rest of the people.
NOLLE PROSEQUI, practice. An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no f
NOMEN COLLECTIVUM. This expression is used to signify that a word in the singular number is to be understood in the plural in cer
NOMEN GENERALISSIMUM. A name which applies generally to a number of things; as, land, which is a general name by which everything at
NOMINAL PLAINTIFF. One who is named as the plaintiff in an action, but who has no interest in it, having assigned the cause or ri
NOMINAL. Relating to a name. 2. A nominal plaintiff is one in whose name an action is brought, for the use of another.
NOMINATE CONTRACT, civil law. Nominate contracts are those which have a particular name to distinguish them; as, purchase and sal
NOMINATION, This word has several significations. 1. An appointment; as, I nominate A B, executor of this my last will. 2.
NOMINE POENAE, contracts. The name of a penalty incurred by the lessee to the lessor, for the non-payment of rent at the day
NOMINEE. One who has been named or proposed for an office. NON. Not. When prefixed to other words, it is used as a nega
NON ACCEPTAVIT. The name of a plea to an action of assumpsit brought against the drawee of a bill of exchange upon a supposed
NON ACCESS . The non existence of sexual intercourse is generally expressed by the words " non access of the husband to t
NON AGE. By this term is understood that period of life from the birth till the arrival of twenty-one years. In another
NON ASSUMPSIT INFRA SEX ANNOS. The name of a plea by which the defendant avers that he did not assume to perform the assumption charged in th
NON ASSUMPSIT, pleading. The general issue in trespass on the case, in the species of assumpsit. Its form is, "And the said C
NON BIS IN IDEM, civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a p
NON CEPIT MODO ET FORMA, pleading. The general issue in replevin. Its form is, "And the said C D, by E F, his attorney, comes and defen
NON CLAIM. An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual c
NON COMPOS MENTIS, persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes
NON CONCESSIT, Eng. law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters
NON CONFORMISTS English law. A name given to certain dissenters from the rites and ceremonies of the church of England.
NON CONSTAT. It does not appear. These words are frequently used, particularly in argument; as, it was moved in arrest of j
NON CULPABILLS, pleading. Not guilty. (q. v.) It is usually abbreviated non cul. 16 Vin. Ab. 1.
NON DAMNIFICATUS, pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintif
NON DEDIT, pleading. The general issue in formedom. See Ne dona pas.
NON DEMISIT, pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol le
NON DETINET, pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his at
NON EST FACTUM, pleading. The general issue in debt on bond or other specialty, and is, in form, as follows: I " And the said
NON EST INVENTUS , practice. The sheriff's return to a writ requiring him to ,arrest the person of the defendant, which signifi
NON FEASANCE, torts, contracts. The non-performance of some act which ought to be performed. 2. When a legislative act requ
NON FECIT VASTUM CONTRA PROHIBITIONEM. The name of a plea to an action founded on a writ of estrepement, that the defendant did not commit waste cont
NON FECIT. He did not make it. The name of a plea, for example, in an action of assumpsit on a promissory note. 3 Mann. G
NON INFREGIT CONVENTIONEM, pleading. A plea in an action of covenant. This plea is not a general issue, it merely denies that the defenda
NON JOINDER, pleading, practice. The omission of some one of the persons who ought to have been made a plaintiff or defenda
NON JURORS, English law. Persons who refuse to take the oaths, required by law, to support the government. 1 Dall. 170.
NON LIQUET. It is not clear.
NON MODERATE CASTIGAVIT. The name of a faulty replication to a plea of moderate castigavit. (q. v.) This replication, in such a case, i
NON OBSTANTE, Engl. law. These words, which literally signify notwithstanding, are used to express the act of the English ki
NON OMITTAS, English practice. The name of a writ directed to the sheriff Where the bailiff of a liberty or franchise, who
NON PROS, or NON PROSEQUITUR. The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and
NON RESIDENCE, eccles. law. The absence of spiritual persons from their benefices.
NON SUBMISSIT. The name of a plea to an action of debt or a bond to perform an award, by which the defendant pleads that he d
NON SUIT. The name of a judgment given against a plaintiff, when be is unable to prove his case, or when he refuses or n
NON SUM INFORMATUS, pleading. I am not informed. Vide lnformatus non SUM.
NON TENENT INSIMUL, pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which i
NON TENUIT. He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed for rent arrear, by whic
NON TENURE , pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at lea
NON TERM. The vacation between two terms of a court.
NON USER. The neglect to make use of a thing. 2. A right which may be acquired by use, may be lost by non-user, and an
NONOBSTANTEVEREDICTO. Notwithstanding the verdict. See Judgment non obstante veredicto.
NONSENSE, construction. That which in a written agreement or will is unintelligible. 2. It is a rule of law that an ins
NORTH CAROLINA. The name of one of the original states of the United States of America. The territory which now forms this sta
NOSOCOMI, civil law. Persons who have the management and care of hospitals for paupers. Clef Lois Rom. mot Administrateu
NOT FOUND. These words are endorsed ou a bill of indictment by a grand jury,.when they have not sufficient evidence to fi
NOT GUILTY, pleading. The general issue in several sorts of actions. It is the general issue. 2. In trespass, its form is
NOT POSSESSED. A plea sometimes used in actions of trover, when the defendant was not possessed of the goods at the commencem
NOTARY or NOTARY PUBLIC. An officer appointed by the executive, or other appointing power, under the laws of different states. 2. Thei
NOTE OF HAND, contracts. Another name, less technical, for a promissory note. (q. v.) 2 Bl. Com. 467. Vide Bank note; Promis
NOTE, estates, conv., practice. The fourth part of a fine of lands: it is an abstract of the writ of covenant and co
NOTES, practice. Short statements of what transpires on the trial of a cause; they are generally made by the judge an
NOTICE OF DISHONOR. The notice given by the holder of a bill of exchange or promissory note, to a drawer or endorser on the same,
NOTICE TO QUIT. A request from a landlord to his tenant, to quit the premises lessed, and to give possession of the same to hi
NOTICE, AVERMENT OF , in pleading. This is frequently necessary, particularly in special actions of assumpsit. 2. When the matter
NOTICE, TO PRODUCE PAPERS , practice, evidence. When it is intended to give seoondary evidence of a written instrument or paper, which i
NOTICE. The information given of some act done, or the interpellation by which some act is required to be done. It als
NOTING. The name of the minute made by a notary on a bill of exohange, after it has been presented for acceptance or p
NOTORIETY , evidence. That which is generally known. 2, This notoriety is of fact or of law. In general, the notoriety o
NOVA CUSTOMA. The name of an imposition or duty in England. Vide An- tiqua; Customs.
NOVA STATUTA. New statutes. The name given to the statutes commencing with the reign of Edward III. Vide Vetera Statuta.
NOVAE NARRATIONES. The title of an ancient English book, written during the reign of Edward III. It consists of declarations and
NOVATION, civil law. 1. Novation is a substitution of a new for an old debt. The old debt is extinguished by the new one
NOVEL ASSIGNMENT. Vide New Assignment.
NOVEL DISSEISIN. The name of an old remedy which was given for a new or recent disseisin. 2. When tenant in fee simple, fee ta
NOVELLAE LEONIS . The ordinances of the emperor Leo, which were made from the year 887 till the year 893, are so called. These
NOVELS, civil law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given
NOVUS HOMO. A new man; -this term, is applied to a man who has been pardoned of a crime, by which he is restored to societ
NOXAL ACTTON, civil law. A personal, arbitrary, and indirect action in favor of one who has been injured by the slave of ano
NUBILIS, civil law. One who is of a proper age to be married. Dig. 32,51.
NUDE MATTER. A bare allegation unsupported by evidence.
NUDE. Naked. Figuratively, this word is applied to various subjects. 2. A nude contract, nudum pactum, q. v.) is one
NUDUM PACTUM, contracts. A contract made without a consideration,; it is called a nude or naked contract, because it is not
NUISANCE, crim. law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, " anythi
NUL AGARD. No award. A plea to an action on an arbitration bond, when the defendant avers that there was no legal award m
NUL DISSEISIN, pleading. No disseisin. A plea in a real action, by which the de- fendant denies that there was any disseisin
NUL TIEL RECORD, pleading. No such record 2. When a party claims to recover on the evidence of a record, as in an action on sc
NUL TORT, pleading No wrong. 2. This is a plea to a real action, by which the defendant denies that he com- mitted any
NUL WASTE, pleading. This is the gene- ral issue in an action of waste. Co. Entr. 700 a, 708 a. The plea of, nul waste ad
NUL, law French. A barbarous word which means to convey a negative; as, Nul tiel record, Nul tiel award.
NULIA BONA. The retum made to a writ of fieri facias, by the sheriff, when he has not found any goods of the defendant on
NULIUS FILIUS. The son of no one; a bastard. 2. A bastard is considered nullius filius as far as regards his right inherit.
NULL. Properly, that which does not .exist; that which is not in the nature of things. In a figurative sense it sign
NULLITY. Properly, that which does not exist; that which is not properly in the nature of things. In a figurative sense
NULLUM ARBITRIUM, pleading. The name of a plea to an action on an arbitra- tion bond for not fulfilling the award, by which the
NULLUM FECERUNT ARBITRIUM. The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defen
NUMBER. A collection of units. 2. In pleading, numbers must be stated truly, when alleged in the recital of a record,
NUNC PRO TUNC, practice. This phrase, which signifies now for then, is used to express that a thing is done at one time which
NUNCIO. The name given to the Pope's ambassador. Nuncios are ordinary or ex- traordinary; the former are sent upon usu
NUNCIUS, international law, A messenger, a minister; the pope's legate, commonly called a nuncio. It is used to express
NUNQUAM INDEBITATUS, pleading. A plea to an action of indebitatus assump- sit, by which the defendant asserts that he is not indebt
NUPER OBIIT, practice. He or she lately died. The name of a writ, which in the English law, lies for a sister co-heiress, d
NURTURE. The act of taking care of children and educating them: the right to the nurture of children generally belongs
NURUS . A daughter-in-law. Dig. 50, 16, 50.



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