Page:Black's Law Dictionary (Second Edition).djvu/833

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NON EST FACT UM

point of law. Wharton; Ha-ggart v. Morgan, 5 i\'. Y. 422. 55 Am. Dec. 350: Evans v. Southern Iuriipike Co., 18 Ind. 101.

The plea of mm est fuotum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the ex- ecution of the instrument is alleged to be the act of the party filing the plea, or adopted by him. Code Ga. 18S2, § 3-172. —Specia1 non est fnotlun. A form of the phi of non out faotnm, in debt on a specialty, hv which the defendant alleges that, l‘llfllO\lg_h

he cgecuted the deed, yet it is in law ‘not his deed. because of certain special circumstances which he proceeds to set out: as, where be de- livered the deed as an escrow, and it was turned over to the plaintill‘ prematurely or without performance of the condition.

NON EST INVENTUS. Lat. He is not l'ound. The slier1ff’s return to process re- quiring him to arrest the body of the defendant, when the latter is not found within his jurisdiction. It is often abbreviated " . c. 4.," or Written, in English, “not found." Tbe Bremena v Card (D. C.) 38 Fed. 144.

Non est juutnm nliqnom antenatnm post mortem facets hastnrdum qni toto tempura vitae suaa pro legitimo |1a.'IJe- lmtnx-. It is not just to make an elder-born a bastard after his death, who during his lifetime was accounted legitimate. 12 Coke, 44.

Non est novnm nt priorel leges ad punter-lures ti-ahnntur. It is no new thing that prior statutes should give place to later ones. Dig. 1, 3, 36; Broom, Max. 28.

Non est regula. qnin fallet. There is no rule but what may fail. OII. Exec. 212.

Non est singulis ooncedendum, quad per magistrstnm pnblice ponsit fleri, no occnsio sit mnjoris tumultnu facienlli. That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tuinuits. Dig. 50, 17. 176.

Non ex oplnionibus singulonun, sad at cammnni usi, nomina exandjri debent. The names of things ought to be understood, not according to the opinions of individuals, but according to common usage. Dig. 33, 10. T, 3.

Non facing malnxn, nt inde flat lmnum. You are not to do evil, that good may be or result therefrom 11 Coke, 74a; 5 Coke, 3017.

NON FECIT. Lat. He did not make it. A plea in an action of assumpsit on a promissory note. 3 Man. 5: G. 446.

NON PECIT VASTUM CONTRA PRO- HIIBITIONEM. He did not commit waste

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NON INTROMITTANT OLA USE

against the prohibition. A plea to an action founded on a writ of estrepcment for waste. 3 Bl. Comm. 226, 227.

NON EEC IN FCBDERA VENI. I did not agree to these terms.

Non impodit olansula. derogatoria qua minus ad tandem potestata res dissol- vantnr a qua. constitnnntnr. A deivgatury clause does not impede things from being dissolved by the same power by which they are created. Broom, Max. 27.

NON IMPEDIVIT. Lat. He did not impede. The plea of the general issue in quarc inz1)cd.it. The Latin form of the law French "no disturba pas."

NON IMPLACITANDO ALIQUEM DE LIBERO TENEMENTO SINE BR]-JVI. A writ to prohibit bailiffs, etc.. from distrainlng or impieading any ni.iiI touching his freehold without the king's writ. Reg. Orig, 171.

Non in legendo sad in intelligendo Iegis eonsistunt. The laws consist not in being read, but in being understood. 8 Coke. 167a.

NON INFREGIT CONVENTIONEIVI. Lat. He did not break the contract. The name of a piea sometimes pleaded in the action of covenant, and intended as a general issue, but held to be a bad plea; there being, properly speaking, no general issue in that action. 1 Tidd, Pl‘. 356.

NON—IN'.l‘ER.COURSE. I.. The refusal of one state or nation to have commercial dealings with another; similar to an embargo. (II. 12.)

2. The absence of access. communication. or sexual relations between husband and wife.

NON INTERFUI. I was not present. A reporter's note. '1‘. Jones, 10.

NON-INTERVENTION WILL. A term sometimes applied to a will which authorizes the executor to settle and distribute the estate without the intervention of the court and without giving bond. In re Macdouald's Estate, 29 Wash. 422, 69 Puc. 1111.

NON. Lat. Not. The common particle of negation.

NON-ABILITY. Want or ability to do an act in law, as to sue. A plea founded upon such cause Gowell.

NON INTROMITTANT CLAUSE. In English law. A clause of a charter of a

municipal borough, whereby the borough is