Page:Black's Law Dictionary (Second Edition).djvu/824

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NEURASTHENIA. In medical Jurispru- dence. A condition of weakness or exhaustion of the general nervous system. giving rise to various terms of mental and bodily inefliciency.

NEUTRAL. In international law. Indifferent; impartial; not engaged on either side; not taking an active part with either of the contending states. In an international war, the principal hostile powers are called “lIelllgerents;" those actively co-oper- ating with and assisting them, their “allies ;" and those taking no part whatever, "neu- irnls."

—1\leutraJ property. Property which belongs to citizens of neutral powers, and is used, treated, and accompanied by proper insiam'a, as such.

NTJUTRALITY. The state of a nation which takes no part between two or more other nations at war. U. S. v. The Three Friends, 166 U. S. 1, 17 Sup. Ct. 495, 4.1 L. Ed. 897.

—Neutx-ality laws. Acts of congress which forbid the fitting out and equipping of armed vessels, or the enlisting of troops, for the aid of either of two beiligerent powers with which the United States is at pence.-—Nentrn1ity proc1an1a.tinn._ A reclamation by the presi- dent of the United tntes. issued on the out- break of a war between two powers with both of \\h_ich the United States is at peace. onnouncing the neutrality of the United States and warning all citizens to refrain from any breach of the neutrality laws.

NEVER INDEBTED, PLEA 0!‘. A species of traverse which occurs in actions of debt on simple contract, and is resorted to when the defendant means to deny in point of fact the existence of any express contract to the ettect alleged in the declaration, or to deny the matters of fact from which such contract would by law be implied. Steph. P1. 153, 156; Wharton

NEW. As an element in numerous compound terms and phrases of the law. this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class.

—New and useful. The phrase used in the patent laws to describe the two qualities of an imention or discmery which are essential to make it pntentahle_ viz.. novelty, or the condition of h:nin_: hum previously unknown, and practical utiiin See In re Gould. 1 MacAr-

' . Athms v. Turner, 73 Conn. . 4!‘ At]. Lonnli v. Lewis. 1 Mason. 182. Fed. Cas. No. 8.filiS.—New assets. In the law governing the 1dministrntion of estates, this term denotes assrts coming into the hands of an executor or administrator after the expiration of the time when, by statute. claims against the estate are barred so far as regards recourse against the assets with which he was nriginally charged. See Littlefield v. Eaton. 74 l\I(-L 521; Chenery v. lVehster. S Allen (.\Iass.) 77; Robinson v. Hodge. 117 Mass.



222: Veazie v. Marrett, 6 Allen (Mass) 372.

—New assignment. Under the common-inw

practice, where the declaration in an action is

ambiguous, and the defendant pleads facts which

are literally an answer to it, but not to the

real claim set up by the plaintiff, the plaintiff:

couise is to reply by way of new assignment:

9'. 9., allege that he brought his action not for

the cause supposed by the defendant, but (or

some other cause to which the plan has no ay- plicntion 3 Site Comm. I-0'1‘; Sweet. P-.3 Bishop v. Travis, 51 Minn. 183. 53 N. W. -161.

—New cause of action. With ref-rence to the amendment of pleadings. this term may refer to a new state of facts out of which liability

is claimed to arise, or it may refnr to parties who are alleged to be entitled under the same state of facts, or it may embrace both Eeatuini. Love v. Southern R. Co.. 108 Tenn. 101, 65 S. W. 475, 55 L R. A. 471. See Nelson v. First Nat. Bank, 139 Ala. 573. 36 South. 707. 101 Am. St. Rep. ."i2.—New for old. In making an adjustment of a partial loss under a policy of marine insurance, the rule is to an ly the old materiais towards the payment of t 9 new, by deducting the value of them from the gm amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the ‘balance. 3 Kent. Comm. 339..—1\lew Inn.

inn of chancery. See INNS or (.'ruNrEt:r.—- New matter. In pleading. Matter of fact not previously alleged by either party in the pleadings. ew promise. See PaoiLtsE.—!lew style. The modern system of computing time was introduced into Great Brltaln A. D. 1752. the 3d of September of that year being reclmned as the 14th.—New trial. See Ta1AL.—New works. In the civil law. By a new work is understood every sort of edifice or other work which is uewiv commenced on any ground whatever. When the ancient form of work is chang- ed, either by an addition being madr_ to it or by some part of the ancient work being taken away. it is styled also a "new work." Cir. Code La. art. 856 —New Year‘: Day. The first day of January. The 25th of March was the em] and legal N Year’s Day. till the alteration of the style in 17022, when it was permanently fixed at the 1st of January. In Scotland the year was, by a proclamation, which bears date 27th of November. 1599. ordered thenceforth to com- mcncc in that kingdom on the 1st of January instead of the 25th of March. Enc. Lond.

NEWGATE. The name of a prison in London. said to have existed as early as 1207. It was three times destroyed and rebuilt For centuries the condition of the place was horrible, bnt it has been greatly improved since 1808. Since 1815. debtors haie not been committed to this prison.

NEWLY-DISCOVERED EVIDENCE. See Evmmvcn. NEWSPAPER. According to the usage

of the commercial world. a newspaper is defined to be a publication in numbers. consisting commonly of single sheets, and pub- lished at short and stated intervals, COI]\(?Y' lug intelligence of passing events. 4 Op. Al-tys. Gen. 10. And see C-rowell v. Parker. 22 R. I. 51. 46 Atl. 35. 84 Am. St. Rep. 815: Hanscom v. Meyer. 60 Neb. 68. 82 N. W. 114. 48 L. R. A. 409, 83 Am. St. Rep. 507; “'11- liams v. Colwell. 18 Misc. Rep. 399, -13 N. Y. Supp. 720: Kellogg v. (‘nri-ico, 47 Mo. 15 ; Kerr v. I-litt, 75 Ill. 51.

—0fii.cis.l newspaper. One designated by a

state or municipal legislative body, or agcnu