Page:Black's Law Dictionary (Second Edition).djvu/831

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NON ASSUMPSIT

and holding of such certificate At most its legal effect is a stipulation against liability from further assessment or taxation after the entire subscription of one hundred per cent shall have been paid. Upton v. Tribil- cock, 91 U. S. 45, 23 L. Ed. 203.

NON ASSUMPSIT. The general issue in the action of as-.-xumpsit; being a plea by which the defendant avers that “he did not undertake" or promise as alleged.

NON ASSUMPSIT INPRA SEX AN- NOS. ile did not undertake within six years. The name of the plea of the statute of limitations, in the action of assumpsit.

Non auditur perire volens. Lie who is desirous to perish is not heard. Best, Ev. "3, 5 385. He who confesses himself guilty of a crime, with the view of meeting death, will not be heard. A maxim of the foreign law of evidence. Id.

NON-BAILABLE. ball; not requiring bail.

Not admitting of

NON BIS IN IDEM. Not twice for the same; that is, a man shall not be twice tried for the same crime. This maxim of the civil law (Code, 9, 2, 9, 11) expresses the same principle as the familiar rule of our law that a man shall not be twice “put in jeopardy" for the same otfense.

NON CEPIT. He did not take. The general issue in replevln, where the action is for the wrongful taking of the property; putting in issue not only the taking, but the place in which the taking is stated to have been made. Steph. Pl. 157, 167.

NON-CLAIM. The omission or neglect at him who ought to claim his right within the time limited by law: as within a year and a day where a continual claim was re- quired, or within flve years after a flne had been levied. Tex-mes de la Ley.

—CowenanI: of non-claim. See Govsuanr.

NON—COMBA'1‘AN'l‘. A person connected with an army or navy, but for purposes other than fighting; such as the surgeons sud chaplains. Also a neutial.

NON-COMMISSIONED. A non-commissloned officer of the army or militia is a subordinate officer who holds his rank, not by commission from the executive authority of the state or nation, but by appointment by a superior omcer.

NON COMPOS MENTIS. Lat. Not sound of mind; insane. This is a very general term, embracing all varieties of mental derangement. See Inssnrrr.

Coke has enumerated four diiferent classes of persons wbo are deemed in law to be non com-

823

NON DEBEO MELIORIE

pate: mantis: First, an idiot, or fool natural; second, he who was of good and sound mind an memory, but by the act of God has lost it; third, a lunatic, lunulicu: gm‘ gaudct lucid-is intervallis, who sometimes IS of good sound mind and memory, and sometimes non compo: mentis; fourth. one who is non campus meniia by his own act, as a drunkard. Co. Litt. 2470,‘ 4 Coke, 124.

Non concedantnr citations: prinsqunm exprimatnr super qua. re fie:-i dehet cits.- tio. 12 Coke, 47. summonses should not be granted before it is expressed on what matter the summons ought to be made.

NON CONCESSIT. Lat. He did not grant. The name of a plea denying a grant. which could be made only by a stranger.

NON-CONFORMTST. In English law. One who refuses to comply with others; one who refuses to join in the established forms of worship.

Non-coniormists are of two sorts: (1) such as absent themselves from divine worship lu the Established Church through total irre- iigion, and attend the service of no other persuasion; (2) such as attend the religious service of another persuasion. Wharton.

Non consentit qni an-at. Bract. tol. 4:4. He who mistakes does not consent.

NON CONSTAT. Lat. it does not appear; it is not clear or evident. A phrase used in general to state some conclusion as not necessarily following although it may appear on its face to follow.

NON-JOONTINUOUS BASEMENT. A non-apparent or discontinuous easement. Fetters v. Humphreys, 18 N. J. Eq. 24:2. See EAEEMENT.

NON CIILPABILIS. Lat. ln pleading. Not guilty. It is usuaily abbreviated “mm cul"

NON DAMNIFICATUS. Lat. Not in- Jnred. This is a plea in an action of debt on an indemnity bond, or bond conditioned "to keep the plruntitt harmless and indemni- fled." etc. It is in the nature of a plea of performance, being used where the defend- ant means to allege that the plaintiff has been kept harmless and indemnified, according to the tenor of the condition. Staph. Pl. (7th Ed.) 300. 301. State Bank v. Ghet- wood, 8 N. J. Law. 25.

Non dat qui non habet. He who has not does not give. Loiift, 258; Broom, Max. 467.

Non debeo melioris conditionis esse, qnum nuctor menu a. qua 31:: in me transit. I ought not to be in better condition than he to whose rights I succeed. Dig. 50, 17

175, 1.