Page:Black's Law Dictionary (Second Edition).djvu/837

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NON VALENTIA AGERE 829 NONSUIT

a maternal or paternal inheritance: but, ifhe had offspring before the felony. such offspring may succeed as to the inheritance of the father or mother by whom the felony was not committed.

NON VALENTIA AGERE. Inability to sue. 5 Bell, App. Cas. 172.

Non valet conflrmntio, nisi ilie, qui ennfirmat, sit in possessione rei vel juris nude fleri debet confirmatio; et enrlezn zuoda. nisi ille cni confirmatio fit sit In possessinne. Co. Llit. 295. Con- firmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be mode, and, in like manner, uniess he to whom confirmation is made is in possession.

Non valet exoeptio ejusdem rei enjne petitur dissolntio. A plea of the same matter the dissolution of which is sought. is not valid Called a “maxim of law and common sense." 2 Eden. 134.

Non valet impedimentum quad de jute non sortitur eifeetnm. 4 Coke. 31a Au impediment which does not derive its effect from law is of no force.

Non vex-bis, red ipsis rebns, loge: imponiznue. Cod. 6, 43. 2. We impose laws. not upon words, but upon things themselves.

Non vidnntnr uni errant consentire. They are not considered to consent who commit a mistake. Dig. 50, 17. 116. I 2; Broom, Max. 262.

Non videtnr nonsensnm retinuisse ll quiz ex przaox-ipto minnntis eliquid immutavit. He does not appear to have retained consent, who has changed anything through menaces. Broom. Max. 278.

Non videtnr perfects cujlllqlle id ease, quad ex casn anferri potest. That does not seem to be completely one's own which can be taken from him on occasion. Dig. 50, 17. 139, 1.

Non videlmr quisqnam id cnpere quad ei necesne eat alfl restitntere. Dig. 50, 17. 51. No one is considered entitled to recover that which he must give up to another.

Non virletnr vim fneere, qui jnre nun ntitnr et or-dine:-in nctione experitur. He is not deemed to use force who exercises his own right, and proceeds by ordinary action Dig. 50. 17, 155. 1.

NON VULT CONTENDIEEE. Lllt. He (the defendant in a criminal case) will not contest it. A plea legally equivalent to that of guilty, being a variation of the form "nola

S29

NONSUIT

contenders," (11. n.,) and sometimes abbrevi- ated “mm cult."

NONE E1‘ DECIM2!-1. Payments made to the church, by those who were tenants of church-farms. The first was a rent or duty for things belonging to husbandry; the second was claimed in right of the church. Wharton.

NONAGIUM, or NONAGE. A ninth part of I1.llJ\'HhiES which “as paid to the clergy on the death of persons in their pmish, and claimed on pretense of being is trlbuted to pious uses. Bluaut.

NONES. in the Roman calendar. The fifth and in March. ‘Hay. July, and October, the seventh day of the month. So called because, counting inclusu-elv, they were n-inc days from the ides. Adams, Rom. Ant 355. 357.

NONFEASANCE. The neglect or failure of a person to do some act which he ought to do. The term is not gener.1i1y used to denote a breach of contract but rather the failure to perform a duty towards the public whereby some ind.i\idunl sustains special damage, as where a sheriii taxis to execute a writ. Sweet. See C-olte v. Lines, 33 Conn 115; Gregor \'. Cady, 82 Me. 131, 19 Atl 10:2. 17 Am. St. Rep. 466: arr v. Kansas City (C. G.) 87 Fed. l; Minkler v. State, 14 Neb. 181. 15 N. W. 330; Illinois Cent. R. Co. v. Foniks, 191 I11. 57. 60 N. E. 890.

NONNA. In old ecclesiastical law. A nun. Nonnus, a monk. Spelmun.

NONSENSE. Unintelligibie matter in a written agreement or will.

NONSUIT. Not following up the cause; failure on the part of e plaintli]! to continue the prosecution of his suit. An ahnndonment or renunciation of his suit, by a plaintiff. either by omitting to take the next nec- essary steps, or voluntarily relinquishing the action, or pursuant to an order of the court. An order or judgment, granted upon the trial of a cause, that the plnintifl has abandoned, or shall abandon, the further prosecution or his suit.

A voluntary nonsnit is one incurred by the plaintiffs own act or omission, and is a judgment entered against him as a conse- quence of his abandoning or not following up his cause, or being absent when his presence is required. Sandoval v. Rosscr. 86 Tex. 632. 26 S. ‘V. 933: Deeley v. Helntz, 169 N. Y. 129, 62 N. E. 158; Boyce v. Snow, 88 Ill. App. 405.

An inrolu-ntary nonsuit is one which takes place when the plaiutifl fails to appear when his case is before the court for trial or at the time when the jury are to deiiver their verdict, or when he has given no evidence

on which a jury may find a verdict, or when