Page:Black's Law Dictionary (Second Edition).djvu/835

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NON OMNE DAMNUM

the writ by reason of any liberty, because there are many liberties or districts in which the sherll]! has no power to execute process unless he has special authority. 2 Steph. Comm. 630.

Non omns dnmnum inducit injuriaun. it is not every loss that produces an injury. Bract fol. 4512.

Non oume quad licet honestum eat. It is not everything which is permitted that is honorable. Dig. 50, 17, 144; Howell 7. Baker, 4 Johns. Ch. (N. Y.) 121.

Non onmium qua: a majoribus nostx-is oonstituta aunt ratio x-eddi potent. There cannot be given a reason for all the things which have been established by our ancestors. Branch, Princ.; 4 Coke. 78; Broom, Max. 157.

NONPAYMENT. The neglect, failure, or refusal of payment of a debt or evidence of debt when due.

NON-PERFORMANCE. Neglect. fail- ure, or refusal to do or perform an act stipu- iated to be done. Failure to keep the terms of a contract or Covenant, in respect to acts or doings agreed upon.

Non pertlnet ad jntlicem seculnxem cogrnosacez-a do Ha qua: sunt mere spi- rituaiie nnnexa. 2 Inst. 488. It belongs not to the secular judge to take cognizance of things which are merely spiritual.

NON-PL]-JVIN. In old English law. Default in not repievying land in due time, when the same was taken by the king upon a default The consequence thereof (loss of seisin) was abrogated by St 9 Edw. IIL c. 2.

NON PONENDIS IN ASSISIS ET JURATIS. A writ formerly granted for freeing and discharging persons from serving on asslzes and juries. Fitzh. Nat. Brev. 165.

Non possessor! incuinbit necessitu [ix-olmnd.i possessiones 36, as pertinere. A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714.

Non potent adduei exeeptiu ejus rei onjus petitur dissulutio. An exception of the same thing whose avoidance is sought cannot be made. Broom. Max. 106.

Non pntest prubnri quot! probatum non relevat. 1 Exch. 91. 92. That cannot be proved which, if proved. is immaterial.

Non potest quis sine brevi agere. NO one can sue without a writ. Fieta. lib. 2. c. 13, 5 4. A fundamental rule of old practice.

827

NON~R ESIDENOE

Non potent 1-ox gratinm facets cum injuz-in et dunno nliorum. The king cannot confer a favor on one subject which occasions injury and loss to others. 3 Inst. 236; Broom, Max. 63

Non potent I-ex subtlitum renitentem one:-are impositionibus. The king cannot load a subject with imposition against his consent. 2 Inst 61.

Non potent v-lderi desisss Izabel-s qni nunquani hnbuit. He cannot be considered as having ceased to have a thing who never had it. Dig. 50, 17, 20&

NON PROSEQUITUR. Lat. It, in the proceedings in an action at law, the plaintllI neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for that purpose, the defendant may enter judgment of non pros. against him, whereby it is adjudged that the pialntlii does not follow up (non proscquitur) his suit as he ought to do, and therefore the defendant ought to have judgment agninst him. Smith, Act. 96; Com. v. Casey, 12 Allen (Mass.) 218; Davenport v. Newton, 71 Vt. 11, 42 At}. 1087 ; Buena Vista Freestone Co. v. Parrish, 34 W. Va. 652, 12 S. E. 817.

NON QUIHFA MOVERE. Lat Not to disturb what is settled. A rule expressing the same principle as that of stare dccixis, (I1- 11-)

Non quoli dictum est, led quad fnctum eat inspieitux-. Not what is said, but what is done, is regarded. Co. Lltt. 3611.

Non refer-t an quis assensum suum pi-safer-t vex-Iris, nut x-ebus ipsis et factis. 10 Coke, 52. It matters not whether a man gives his assent by his words or by his acts and deeds.

Non refer-t quid ex sequipollentibus flat. 5 Coke, 122. It matters not which of [two] equivalents happen.

Non re£e1-t quid notum sit judiei. si notum non sit in forum. judiofl. It matters not what is known to a judge, if it be not known in judicial form. 3 Bulst. 115. A leading maxim of modern law and practice. Best, Ev. Introd. 31, I 38.

Non refer-t vei-his an faotis flt revocntio. C-ro. Car. 49. It matters not whethl er a revocation is made by words or deeds.

NON-RESIDENCE. Residence beyond the Limits of the particular jurisdiction.

In ecclesiastical law. The ahsence of

spiritual persons from their benefices.