Page:Black's Law Dictionary (Second Edition).djvu/815

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NAVY

tary of the navy, and having in charge the defense of the country by sea, by means of ships of war and other navai appliances.—Navy pension. A pecuniary allowance made in consideration of past services of some one in the navy.

NAZERANNA. A sum paid to government as an acknowledgment for a grant of lands, or any public office. Enc. Lond.

NAZIM. In Hindu law. Composer, arranger, adjuster. The first oliicer of a province, and minister or the department of criminal Justice

NE ADMITTAS. Lat. In ecclesiastical law. Zlhe name of a prohibltory writ. di- rected to the bishop, at the request of the plaiutllf or defendant, where a quarre impcdit is pending, when either party fears that the bishop will admit the other's clerk pend-

ing the suit between them. Fitzh. Nat Brev. 37. NE BAILA PAS. L. Fr. He did not

deliver. A plea in detinue, denying the de- Urery to the defendant or the thing sued for.

NE DISTURBA PAS. L. Fr. (Does or did not disturb) In Idngiish practice The general issue or general plea in quare Impedii. 3 Steph. Comm 663.

NE DONA PAS, or NON DEDIT. The general issue in a tormedon, now abolished. it denied the gift in tail to have been made in manner and form as alleged; and was therefore the proper plea, if the tenant meant to dispute the fact 01 the gift, but did not apply to any other case. 5 East, 289.

NE EXEAT REGNO. Lat. In English practice A writ which issues to restrain a person from leaving the kingdom. It was formerly used for political purposes, but is now only resorted to in equity when the defendant is about to leave the kingdom: it is only in cases where the intention of the party to leave can be shown that the writ is granted.

NE EXEAT REPUZBLICA. Lat. In American practice. A writ similar to that of ne carat rcgno. (q. -1)..) available to the pluintilf in a civil suit, under some circum- stances, when the defendant is about to leave the state. See Dean v. Smith, 23 Wis. 48?, 99 Am. Dec. 198; Adams v. Whitcomb. 46 Vt. 712; Cable v. Alvord. 27 Ohio St. 664.

NE GIST PAS EN BOUCKE. L. Fr. It does not lie in the mouth. A common phrase in the old books. Yearb. M. 3 Edw. Ii. 50.

NE TNJUSTE VEXES. Lat. In old English practice. A prohihitory writ, com-

807

NE VARIETUR

mnnding a lord not to demand from the tenant more services than were justiy due by the tenure under which his ancestors held.

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

NE QUIID IN LOCO PUBLICO VEI. ITINERE FIAT. Lat. That nothing shall he done (put or erected) in a public place or way. The title of an interdlct in the Roman law. Dig. 43, 3.

NE RECEPIATUR. Lat. That it he not received. A ca/seat or warning given to a iaw officer, by a party in a cause, not to receive the next proceedings of his opponent I Seli. Pl‘. 8.

NE RECTOR PROSTERNET AR- BORES. L. Lat. The statute 35 Edw. I. 5 2. prohibiting rectors, I’. e., parsons, from cutting down the trees in church—yal'ds. In Rutland v. Green, 1 Ixeh. 557. it was extended to prohibit them from opening new mines and working the minerals therein, Brown.

NE R]-ILESSA PAS. L. Fr. Did not re- lease, where the defendant had pleaded a release, this was the proper replication by way of traverse.

NE UNQUES ACCOIJPLE. L. Fr. Never married. More fully, ne unques uvcauple en Infall matrirlwnic, never joined in lawful marriage. The name of a plea in the action of dower uncle nihil habci, by which the tenant denied thnt the dowress was ever law- fully married to the decedent.

NE UNQUES EXECUTOR. L. Fl‘ Never executor. The name of a plea by which the defendant denies that he is an ex- ecutor, as he is alleged to he; or that the plaintitl is an executor, as he claims to he.

NE UNQUES SEISE QUE DOWER. L. Fr. (Never seised of a downble estate.) In pleading. The general issue in the action or dower undo m'l hnbct, by which the tenant denies that the demandant's husband was ever aeiard of an estn te of which dower might be had, Rose. Real Act. 219, 220.

NE UNQUES SON RECEIVER. L. Fr. In pleading The name of a plea in an action of acconnt—render, by which the defend- ant denies that he ever was receiver of the plaintiff. 12 Vin. Abr. 183.

NE VARI]-:'1'lJ'1l.. Lat. It must not be altered. A phrase sometimes written by a notary upon a hill or note, for the purpose of

estahlishing its identity, which, however,