 |
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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