Page:Black's Law Dictionary (Second Edition).djvu/828

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NO AWARD

near high mountains covered with snow. Du Cange.

NO AWARD. The name of a plea in an action on an award, by which the defendant traverses the allegation that no award was made.

NO BILL. This phrase, when indorsed by 11 grand jury on an indictment. is equiva- lent to "not found," “not a. true bill,” or “ig~ noramus."

NO FUNDS. See FUND.

NO GOODS. This is the English equiva- lent of the Latin term “nulla bona,” being the form of the return made by a sheriff or constable. charged with an execution, when he has found no property of the debtor on which to law.

No man can hold the same land im- mediately of two several landlords. Co. Litt. 152.

No man is presumed to do anything against nature. 22 Vln. Abr. 154.

No man shall set up his infamy as a defense. 2 W. B1. 364.

No one can grant or convey what he does not own. Seymour v. Canaudaigun & N. F. R. Co.. 25 Barb. (N. Y.) 284, 301. See Snltus v. Everett. '30 Wend. (I\'. Y.) 267. 32 Am. Dec. 5-11; Fnssett v. Smith, 23 N. Y.

52; Brower v. Peabody. 13 N. Y. 121; Beavers v. Lane, 6 Duer (N. Y.) 232.

NOBILE OFFICIUM. ln Scotch law. An equltnlile power or the court of session, to give rcliet when none is possible at law. Ersk. Inst. 1, 3, 22; Bell.

Nobllas magi: plectuntnr pecunla; pleben were in cox-pore. 3 Inst 220. The higher classes are more punished in money: but the lower in person.

Nubile: 511110;. 11111 arms gentilitia. snteeessornm snorum proferre possunt. 2 Inst. 595. The gcutrv are those who are able to produce urnmrial bearings derived by descent tram their own ancestors.

Noblllnres et lxenigniores prmsnmp- clones in dnblis aunt prneferendm. In cases of floubt, the more generous and more henizn presumptions are to be preferred. A civil-law mnxlm.

Nobllitas est duplex, superior at In- ferior. 2 Inst 53%. There are two sorts of nobility, the higher and the lower.

NOBILITY. In English law. A divi- sion of the people, comprehending dukes,

S

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0 NOLO CONTENDERE

murquises. earls, viscounts, and bar These had anciently duties annexed in respective honors. They are created by writ. i. e., by royal summons to I

c., by royal grant or any dignity and I of peerage; and thcy enjoy manv prx in exclusive of their senatorial capamty. 1 Comm. 396.

NOCENT. From Latin “om-ere." “The noocnt person." 1 Vern. 429.

Gull

NOCTANTI-IR. By night. An sin-I“. writ which issued out of chancery, and tr, turned to the queen's bench, for the p tratinn of ineiosures, etc

NOCTES and NOCTEM DE FIRDIA. Entertainment of meat and drink for so many nights. Domesday.

NOCUMENTUM. Lat. In old in-(VII law. A nuisance. Nocu-mcrllxim dannincfi a nuisance occnsioning loss or zlsluayl. 1\’oL'umentum htjurios-mn, an injurious nul- sance. For the intter only a remedy was given. Bract. fol. 221.

NOLENS VOLENS. Lat. Whether Iviliing or unwilling; consenting or not

NOLIS. Fr. In French law. Freight. The same with "fret." Ord. Mar. lly. 8, tit 3.

NOLISSEMENT. Fr. In French marine law. Aiffreightment. Orr]. Mar. liv. 3, tit. 1.

NOLLE PROSEQUI. Lat. In practice. A formal entry upon the record, by the plainirifi in a civil suit or the prosecuting officer in a criminal action, by which he declnres that he “will no further prosecute" the case. either as to some of the counts. or some of the defendants, or altogether. State v. Primm. 61 Mo. 171; Com. v. Cnscy. 12 Allen (Mass) 214; Davenport v. Newton, 71 Vt. 1], 42 At]. 1087.

A malls proseqwi is in the nature at an ac- knowiedgment or undertaking by the plnintii? in an action to forbenr to procccd any tllrtuwr either In the action altogether, or as to sum part of it, or as to some of the detenxinnrr, and is different from a non pra.9., by which the plaintiff is put out of court with respect to all the defendants. Brown.

NOLO CONT]-JN'DERE. Lat I will not contest it The name of a plea in :1 criminal action, having the same legal efreil we 21 pics of guilty, so far as regards nll proceedings on the indictment, and on which the defendant may be sentenced. U. S. r. Hartwell. 3 Cliff. 22], Fed. Cas. Nn. ’ LS. Like a demurrer this plea admits, for the purposes of the case, on the facts which are

well plended, bnl: is not to be used .15 an