Page:Black's Law Dictionary (Second Edition).djvu/830

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NOMINATION 82 holds only in the name or for the benefit of another, whose name he discloses by the plea, in order that the plaintlft‘ may bring his action against such other. See Mnclteid. Rom. Law, § 297.

NOMINATION. An appointinent or des-

ignation of a person to fill an office or discharge a duty. The act or suggesting or proposing a person by name as a candidate for an office. —Nomina.tion to a living. In English ecclesiasticai law. The rights of nominating and of presenting to I living are distinct, and may reside in different persons. Presentation is the oficring a clerk to the bishop. Nomination is the offering a clerk to the person who has the right of presentation. Brown.

NOMINATIVUS PENDENS. Lat. A uoiniiiative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of :1 deed inter partes, “This indenture." etc. down to “wiiere:1s," though an intelligible and convenient part of the deed, are of this kind. Wharton.

NOMINE. Lat. By name; by the name of; under the name or designation of.

NOMINE PC!-JNIE. In the name of a penalty. In the civil law, a legacy was said to be left nomine flit‘?!-£2 where it was left for the purpose of coercing the heir to do or not to do something. Inst. 2, 20. 36.

The term has also been applied, in English law. to some kinds of covenants, such as a covenant inserted in a lease that the lessee shall forfeit a certain sum on non-payment of rent, or on doing certain things, as plowing up ancient meadow, and the like. 1 Crabb, Real Prop. p. 171, § 155.

NOMINEE. One who has been nominated or proposed for an office.

NOMOCANON. (1) A collection of can- ons and imperial Liws relative or conform- able thereto. The first nomocanon was made by Johannes Scholasticns in 554. Photius, patriarch of Constantinople, in 883, compiled another nomocanon, or collation of the civil laws with the canons; this is the most cele- bruted. Baisamon wrote a commentary upon it in 1180. (2) A collection of the ancient canons of the apostles. councils, and fathers, without any regard to imperial constitutions. Such is the nomocanon by M. Cotelier. Enc. Load.

NOMOGRAPHER. the sniiject of laws.

One who writes on NOMOGRAPHY. A treatise or description of laws.

NOMOTHETA. A lawgiver; such as Solon and Lycurgus among the Greeks, and


Caesar, Pompey, and sylla among the R0- mans. Calvin.

NON-ACCEPTANCE. The refusal to no cept anything.

NON ACCEPTAVIT. In pieiiding. The mime of a plea to an action of izssumpsit brought against the drnwee or a bill of ex- change by which he denies that he acccptcd the same.

NON-ACCESS. in legal parlance, this term denotes the absence of opixirtuniues for sexuai intercourse between husband and wife; or the absence of such intercourse.

Non nccipi debent verbs in demonstrationem falsam, quiz cnmpetunt in limitationem werain. Words ought not to be taken to import a faise demonstration which may have eiiect by way of true iimitation. Bac. Max. p. 59, reg. 13; Broom, Max. W.

NON ACCREVIT INFRA SEX ANNOS. It did not accrue within six years. The name of a plea by which the defendant sets np the statute of limitations against a cause of action which is barred after six years.

NON-ACT. A forbearance from action; the ('(liil.'l'..ll) to act.

NON—A.DMISSION. The refusal of ad- mission. NON-AGE. Lack of requisite legal age

The condition of a person who is under twenty-one years of age. in some cases, and under fourteen or twelve in others; minority.

Non nlio niodo puniatur aliquis qnem secnndum quad le habet coniiemnntio. 3 last. 217. A person may not be punished dit- ferently than according to what the sentence enjoins.

Non nliter n. significatione verbornin 1-ecedi oportet quam cum manifestum est. nliud sensisse testatorem. We must never depart from the signification of words, un- less it is evident that they are not con- formable to the wiil or the testator. Dig 32, 69, pr.; Broom, Max. 568.

NON-APPAJIENT EASEMENT. A nocnontinuous or discontinuous easement. Fetters v. Eiumphreys, 18 N. J. Eq. 262. See Easl:MnNI.

NON-APPEARANCE. A failure of appenrance: the omission or the defendant to appear within the time limited.

NON-ASSESSABLE. This Word, placed upon a certificate of stock, does not cancel or impair the obligzatiou to pay the amount due

npon the shares created by the acceptance