Page:Black's Law Dictionary (Second Edition).djvu/825

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NEXI

empowered by them, in which the public acts, H-solves, advertisements, and notices are requir- al to be published. Aibany County v. Chaplin, 5 Wyo. 74. 37 Pac. 370.

NEXI. Lat. In Roman law. Bound; bound persons. A term applied to such insolvent debtors as “ere delu ered up to their creditors, by whom they might be held in bemlose luitii their debts were discharged. L‘al\‘ln.; Adams, Rom. Ant. 49.

NEXT. Ne-irest: closest; immediately following. See Green v. l\IcLaren. 7 Ga. 107: State v. Asbell. 57 Kan. 398. 46 Pnc. 770; German Security Bank v. McGarry, 106 Ala. 633. 17 South. 704

—Next devisee. By the term "first devisee” is umlcistuod the person to “born the estate is [hit given by the will, while the term "next «lnln-" rcflers to the person tr, whom the remainder is given. Young v. Robinson, 5 N. J. Law, 68!).—Next friend. The legal designatiua of the person by whom an infant or other person disabled from suing in his own name brings and [lI(1Si‘(.lllIES an action either at law or in equity; usually a relative Stiictly speak- inz, a next friend (or "pro('I1ein- am:/") is not appointed by the court to bring or maintain the salt, but ls simply one who volunteers for that purpose, and is merely admitted or permitted to sac in behalf of the infant: but the practice of suing by a next friend has now been almost entirely superseded by the practice of appointing II guardian till litem. See McKinney v. Jones. 35 \Yis. 39. 1] N. W. 606; Guild v. Cranston. 8 Cash. (Mnss.) 506; Tucker v. Dahbs. 12 l-leisk. (Tcnn.) 18: Leopold v. Meyer. 10 Abb. Prnc. (N. Y.) 40.-aNext of kin. In the law of disceut and distribution. This term properly denotes the persons nearest of kindred to the decedent. that is, those who are most nearly re- lated to him by blood: but it is sometimes construed tn mean only those who are entitied to take under the statute of distributions, and sometimes to include other persons. 2 Story. Eq. Jur. 5 1065b. The words "next of kin." used aimnlioitrr in a deed or will. mean, not nearest of kindred, but those relatives who share In the estate according to the statute of distri- butions. including thnse claiming per stirpca or by representation. Slosson v. Lynch. 43 Barb. (N. Y.) 141.-Next presentation. In the law of advowsous. The right of next presentation E ting right to present to the fiist vacancy of a DE CE.

NEXUM. Lat. In Roman law. In acnient times the tw.tu.m seems to have been a species of formal contract. involving a loan 01' money, and attended with peculiar conse- quences. soleniuized witli the "copper and bal- ance." Later, it appears to have been used as a general term for any contract struck with those ceremonies, and hence to have included the special form of conveyance called “mtmr-z'p(tiio." In a general sense it means the ohligation or bond between contracting parties. See Maine, Anc Law, 30.’, et soq.,- Hadi. Rom. Law. 247.

In Roman law. this word expressed the tie or ohligation involved in the old conveyance by mum-iputio; and came latterly to be used inter- changeably with (but less frequently than) the word "oblige:-Io" itself. Brown.

NICHILLS. In English practice. Debts due to the exchequcr which the sheriff conld BL.LAW Di(.'r.(2D I?«'D.)—52

S17

NIGHT

not levy, and as to which he returned nil. These sums were transcribed once a year by the clerk or the nicliills, and sent to the tre.isurer's rei.uembr.1ncer's ofhce, \‘u hence process was issued to recover the “mchlil" debts. Both uf these oiljt-es were aboiished in 1833. Mozley 8: Whitley.

NICKNAME. A short name; one vtfclced or cut off for the sake of hrevity, ultiiout conveying an idea of opnrohriuni, and fre- quently evincing the strongest affection or the most perfect famili.irit_\. North Caro- ii.aa Inst. v. Norwood, 45 N. C. 7-1.

NEDERLING, NIDERING, or NI'l‘I-I- 1'NG. A vile. base person, or siuggurd: chicken-hearted. Spelman.

NIECE. The daughter of one’a brother or sister. Ambl. 514. See Ni-:1-JIEW.

NIEFE. In old English law. A woman born in vassalage; a bondwoman.

NIENT. L. Fr.

—I\Iient comprise. Not comprised: not icnluded. An exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon the petition is founded. 'I‘omlIns.—Nient culpable. Not guilty. The name in law l<‘1encli of (be general issue in tort or in a criminal aLtiuu.—Nient dedire. To say nothing; to denv nothing; to sulfer judgment by default.-Nient Ie fait. In pleading. Not the deed; not his deed. The same as the piezt of non est foctu.m.—Nient aeisi. In aid pleading. Not seised. The general plea in the writ of annuity. Crabb, Eng. Law, 42%

Nothing : not.

NIGER LEEE. The black book or reg- ister in the exchequer; chartularles of abbeys, cathedrais, etc.

NIGHT. As to what, by the common lav\_ is reckoned night and what day, it seems to be the general opinion that. it there be daylight, or (.'7'E1ll1.8CiLlll7lL, enough begun or left to discern a man's face. that is considered day; and night is when it is so dark that the countenance of a man cannot be discerned. ] Hale. P. C. 350. However, the limit of 9 P. M. to G A. iii. has been fixed by statute. in England, as the period of night. in prosecutions for burglary and larceny. St. 24 I: 25 Vict. c. 96. § 1: Brown In American law, the common-law definition is still adhered to in some states, but in others ‘‘night has been defined by statute as the period between sunset and sunrise. —Nigi.it magistrate. A constable of the night; the head of a watch-house.—Night walkers. Described in the statute 5 Edw. III. c. ‘[4, as persons who sicep by day and_w:tll( by night Persons Vll'l0 pronl about at night, and are of a suspicious appearance and behnvior. Persons whose habit is to be abroad at_ night for the purpose of committing some crime or nuisance or mischief or disturbing_ the peace; not now geueraily sub_1ect_to the criminal laws except in respect to misdemeanors actuuliy committed, or in the character of vavrauts or

suspicious persons. See Thomas v. §tate_ 55