Page:Black's Law Dictionary (Second Edition).djvu/838

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NONSUIT 830 NOTARIUS

his case is put out of court by some adverse ruling which precludes a recovery. Boyce v. Snow, 187 Ill. 181. 58 N. E. 403; Deeley v. Heintz. 169 N. Y. 129, 62 N. E. 158; Stults v. Forst, 135 Ind. 297, 34 N. E. 1125: Williams v. Finks, 156 Mo. 597, 57 S. W. 732.

A peremptory nonsuit is a compulsory or involuntary nonsuit, ordered by the court upon a total failure of the plaintiff to substantiate his claim by evidence. Jacques v. Fourthman. 137 Pa. 425, 20 Atl. 802.

NOOK OF LAND. In English law. Twelve acres and a half.

NORMAL. Opposed to exceptional; that state wherein any body most exactly comports in all its parts with the abstract idea thereof, and is most exactly fitted to perform its proper functions, is entitled “normal." —l‘_1orma1 _law. A tcrm employed ‘by modern writers on Jurisprudence to denote the law as it alfects persons who are in a normal condition; 1'. (4., am". juris and sound in miud.—Norma.1 school. See SCHOOL.

NORMAN FRENCH. The tongue in which several formal proceedings of state in England are still carried on. The lan- guage, having remained the same since the d.m.- of the Conquest, at which it was introduced into lmgland, is very different from the French of this day, retaining all the peculiarities whlch at that time distinguished every province trom the rest. A peculiar mode of pronunciation (considered authentic) is handed down and preserved by the ofilclals who have, on particular occasions, to speak the tongue. Norman French was the language or English legal procedure till the 36 Edw. III. (A. D. 1362). Wharton.

NORROY. In English law. The title of the third of the three kings-at-arms, or pro- vincial heralds.

NORTHAMPTON TABLES. Longevity and annuity tables compiled from bills of mortality kept in All Saints parish, England, in 1735-1780.

Noscitur a sooiis. It is known from its associates. 1 Vent. 225. The meaning of 3. word is or may be known from the accompanying words. 3 Term R. 87; Broom. Max. 583.

Noscitnr ex soclo, qul non cognaccitur ex se. Moore, 817. He who cannot be known from himself may be known from his associate.

NOSOCOMI. In the civil law. Persons who have the management and care or hospitals for puupers.

NOT FOUND. These words. indorsed on a bill or indictment by a grand jury, have


the same eirect as the indorsement “Not I true _b' " or “Ign«oramm:."

NOT GUILTY. A plea of the general issue in the actions of trespass and case nud in criminal prosecutions.

The form of the verdict in criminal cases

where the jury acquit the prisoner. 4 Bl. Comm. 361. NOT GUILTY BY STATUTE. in English practice. A plea of the geuerai issue by a defendant in a civil action, when ha intends to give speciai matter in evidence by virtue of some act or acts of parliament, in which case he must add the reference to such act or acts, and state whether such acts are public or otherwise. But, it’ a defendant so plead, he will not be allowed to plead any other defense, without the leave of the court or a judge. Mozley 5: Whitley.


NOT POSSESSED. A sper.-lai traverse used in an action of trover, alleging that de- l’e1nl.nut was not possessed, at the time of no tion brought, of the chattels alieged to have been converted by him.

NOT PROVEN. A verdict in a Scotch criminal trial, to the effect that the guilt of the accused is not made out, though his innocence ls not clear.

NOT SATISFIED. A return somethus made by sheriffs or constables to a writ of execution; but it is not a technical formula, and is condemned by the courts as ambigu- ous and insuificient. See Martin v. Martin. 50 N. C. 346: Langtord v. Few. 146 Mo. 142, 47 S. W. 927. 69 Am. St. Rep. 606: Merrick V. Carter, 205 Ill. 73, 68 N. E 750.

NOT TRANSFERABLE. These words. when written across the face of a negotiable instrument. operate to destroy its no gotiability. Durr v. State, 59 Ala. 24.

NOTA. Lat. In the civil law. A mark or brand put upon a person by the law. Mac- keld. Rom. Law, I 135.

NOTE. In civil and old European law. Short-hand characters or marks of contrac tion, in which the emperors’ secretaries took down what they dictated. Spehnan: Calvin.

NOTARIAL. Taken by a notary: performed by a notary in his omcial capacity; belonging to a notary and evidencing his oilicial character, as, a notarial seal.

NOTARTUS. Lat. In Roman law. A draughtsman; an amanuensls: a short-hand

Writer; one who took notes of the proceedings in the senate or a court, or of what war