Page:Black's Law Dictionary (Second Edition).djvu/834

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NON INTROMITTENDO

exempted from the jurisdiction of the justices of the peace for the county.

NON INTEOMITTENDO, QUANDO BREVE PRECIPE IN CAPITE SUB- DOLE IMPETRATUR. A writ addressed to the justices of the bench, or in eyre, com- manding them not to give one who, under color of entitling the king to land, etc., as holding of him in capite, had deceitfully ob- tained the writ called "prwcipe in capite," any benefit thereof, but to put him to his writ of right. Reg. Orig. -1.

NON-ISSUABLE PLEAS. Those upon which a decision would not determine the action upon the merits, as a plea in abatement. 1 Chit. Archb. Pr. (12th Ed.) 249.

NON-JOINDER. See Jomnmz.

NON JURIDICUS. Not judicial: not legal. Dies non yuriziious is a day on which legal proceedings cannot be had.

NON-JURORS. In English law. Persons who refuse to take the oaths, required by law, to support the government.

Non in: ex reguln, aed regula. ex jute. The ‘law does not arise from the rule (or maxim.) but the rule from the law. Tray. Lat. Max. 384.

Non jun, zed aeiaina, fault ctipitem. Not right, but seisin, makes a stock. Fieta lib. 6, c. 2, I 2. It is not a mere right to enter on lands, but actual scisin, which makes a person the root or stock from which all future inheritance by right of blood must be derived. 2 Bl. Comm. 209. 312. See Broom, Max. 525, 527.

NON-Ll-JVIAIBLE. Not ubject to be levied upon. Non-leviable assets are assets upon which an execution cannot be levied. Farmers’ F. Ins. Co. v. Conrad, 102 Wis. 387, 78 N. W. 582.

Non licet quod dilpendia lioet. That .which may be [done only] at a loss is not allowed [to be done.] The law does not permit or require the doing of an act which will result only in loss. The law forbids such recoveries whose ends are vain, chargeable, and unprofitable. Co. Litt. 12717.

NON LIQUET. Lat. It is not clear. In the Roman courts, when any of the judges, after the hearing of a cause, were not satisfied that the case was made clear enough for them to pronounce a verdict, they were privileged to signify this opinion by casting a ballot inscribed with the letters “N. L.," the abbreviated form of the phrase "non liquet."

NON-MAILABLE. A term applied to all letters and parcels which are by law exclud-

826

NON OMITTAB

ed from transportation in the United States mails, whether on account of the size or the package, the nature of its contents, its obscene character, or (or other reasons. See U. S. v. Nathan (D. C.) 61 Fed. 936.

NON MERCHANDIZANDA VIC'l'U- ALIA. An ancient writ addressed to justices of assize, to inquire whether the magistrates of a town sold victuais in gross or by retail during the time of their being in oihce. which was contrary to an obsolete statute; and to punish them if they did. Reg. Orig. 184.

NON MOLESTANDO. A writ that lay for a person who was molested contrary to the king's protection granted to him. lleg. Orig. 184.

Non nasci, at natnm mori, paria aunt. Not to be born, and to be dead-born, are the ame.

NON-NEGOTIABLE. Not negotiable: not capable of passing title or property by indorsement and delivery.

Non ohlignt lex niui pa-anmlgata. A law is not obligatory unless it be promul- gated.

Non observata for-ma, infertur winni- latin nctus. Where form is not ohserred, an aunulllng of the act is inferred or follows. 12 Coke, 7.

NON OBSTANTE. Lat. Notwithstanding. Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Burrill.

A clause frequent in old English statutes and letters patent, (so termed from its initial words,) importing a license from the crown to do a thing which otherwise a person would be restrained by act of parliament from doing. Crabb, Com. Law, 570; Piuwd. 501; C-oweil.

A power in the crown to dispense with

the laws in any particular case. This was abolished by the bill of rights at the Revolution 1 Bl. Comm. 342. —Non obstante vex-erlicto. Notwithstanding the verdict. A judgment entered by order of court for the platnliif, aithough tbere has been a verdict for the defendant is so called. German Ins. Co. v. Frederick, sé Fed. 144, 7 C. C. 19 \Yentworth v. Weniworth. 2 I 235). 72 Am. Dec. 97; Hill v. Ky. 209, 70 S. W. 634.

Minn. 2 (G Ragland, 114 Non oficit conatua nisi uequatur oi’-

fectus. An attempt does not harm unless a consequence follow. 11 Coke, 98.

NON OMITTAS. A clause usually inserted in writs of execution. in England, di-

recting the aherli]! “not to omit" to execute