Page:Black's Law Dictionary (Second Edition).djvu/827

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NIHIL SIMUL INVENTUM

nil. Co. Lltt 66:1, 971). A maxim very tre- quently quoted by Lord Coke, but to be taken in modern law with some qualification Broom, Max. 186. 366.

Nihil simul inventnm est at perfectiim. C0. Litt. 230. Nothing is invented and perfected at the same moment.

Niki] tam conveniens est natux-a.1i inquitati qnain nnumqnodque dissolvi eo ligaiuine qua ligatuin est. Nothing is so consonant to natural equity as that a thing ahouid be dissolved by the same means by which it was bound. 2 Inst 359; Broom, Max. 877.

Niliil tam convonleiis est natiirali ieqnitati qunm vol-untnteni domini rem nnani in. alinm transfer:-e ratani liabere. 1 Coke, 100. Nothing is so consonant to natural equity as to regard the intention of the owner in transferring his own property to another.

Nihll tam natui-ale est, qninn eo ge- nere quldqlie dissolvere, qua cnlligatiini est; ldeo verborum ubligntio verbis tollitur; nudi consensus obligatid contrnrio eonsensn dissolvitiir. Nothing is so naturai as to dissolve anything in the way in which it was bound together; therefore the obligation or words is taken away by words; the obligation or mere consent is dissolved by the contrary consent Dig. 50, 17, 35; Broom, Max. 887.

Niliil tum prnpri-um lmperlo quiun legihns vivere. l\‘othing is so becoming to authority as to live in accordance with the laws. Fieta, lib. 1, c. 17, I 11.

NIHILIST. A member or a secret association. (especially in Russla,) which is de- voted to the destruction of the present political. religious, and social institutions. Web- ster.

NIL. Lat. Nothing. A contracted form of "nihil." which see.

—Ni.1 debet. He owes nothing. The form of the general ssue in nll actions of debt on simple contr:ict.— il luilmlt in tenenieiitiii. He had nothing [no interest] in the tenements. A plea in debt on a lense indented, by which the defendant sets up that the person claiming to be landlord had no title or interest.——Nil lig. atnm. Nothing bound; that is, no obligation has been incurred. Troy. Lat Max.

Nil agit exemplum liteni quad lite resolvit. An example does no good which settles one question by another. Hatch v. Mann, 15 Wend. (N. Y.) 44, -19.

Nil oonseiunl tinn cont:-in-iiini est qiiam v-is ntgue metnl. Nothing is so opposed to consent as force and fear. Dig. 50, 17, 116.

819

NIVICOLLINI BRITON E9

Nil facit error nmninis cum do ourpore vel persona eonstot. A niistiike in the name does not matter when the body or person is manifest, 11 Coke, 21; Broom. Max. 63-}.

Nil sine prudentl fecit ratione veinstns. Antiquity did nothing without a good reason. Co. Litt 65.

Nil temera novandum. Nothing should be rashly changed. Jenk. Cent. 163.

Nimia eel-titudo certitndineni ipsinn desti-nit. Too great certainty destroys certainty itself. Loflt, 24-L

Niniia subtilitas in jnre reprobatur. Wing. Max. 26. Too much subtlety in law ls discounteiianced.

Nimium alter-condo vex-itas nmittitur. Hob. 344. By too much altercation truth is lost.

NIMMER. A thief; a piiferer.

NISI. Lat. Unless. The word is often iiflixed, as a kind of elliptical expression. to the words “rule," “order," “deci-ee," “judgment, or “confirination," to indicate that the adjudication spoken of is one which is to stand as valid and operative unless the party affected by it shall appear and show cause against it. (Sr take some other appro- priate step to avoid it or procure its revocation. Thus a “decree M85” is one which will definitely conclude the detendant's I'l:.‘.‘hl'S unless. uithin the prtscrihed time. he slious cause to set it aside or successfully appeals. The word. in this sense, is opposed to “ab- solute." And when a rule m'.3l is finally con- firmed, for the defendant's (allure to show cause against it, it is said to be “made abso-

—Nisi fecex-is. The name of a clause com- moniv occurring in the old mnnorlnl writs. com- nianrling tiiat, if the lords failed to do justice, the king's court or officer should do it. By virtue of this clause, the king's court usurped the ‘ ‘ ' tion of the private. manorini, or local

Stini. Low Gioss.—Nisi pr-ins. The m'm' priua courts are such as are held [or the trial of issues of fact before a jury and on» presiding judge ‘

In America the phi“lSP is familiarly used to denote the forum (whatever may be its statutory name) in wbich the cause was tried to a jury, as distinsuisiied from the appollute court. See 3 Bl. Comm. 5S.—Nisi pi-ins clause. In practice. A clause entered on the record in an action at law. authorizing the trial of the cause at niai priur in the particuinr county designated. It was first used by way of continuunce.—Nisi pr-ins roll. In practice The roll or record containing the pieadings, issue, and jury process of an action, made up for use in the n/isi prius collrt.—Nisi prins writ. The old name of the Writ of venire, which originally, in pursuance of the statute of Westminster 2, contained the niri prius clause. Reg. Jud. 28, 75; Cowell.

NIVICOLLINI BRITONES. In old

English law. Welshmen, because they live