Page:Black's Law Dictionary (Second Edition).djvu/841

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NOTITIA

fact: the power or authority of a judez; the power of hearing causes and of pronouncing sentence, without any degree of jurisdiction. Calvin.

NOTITIA. Lat. Knowledge; information: intelligence; notice.

Notitia dieitnr R nosoendo; et notitin. nan dehet elaudicare. Notice is named from a knowledge being had; and notice ought not to halt, [i. e., be imperfect] 6 Cake, 29.

NOTORIAI... The Scotch form of “notarisl," (q. -1:) Beli.

NOTORIETY. The state of being noto- rious or universally well known. —-Proof by notoriety. in Scotch law. dispensing with positive testimony as to matters of common knowledge or £l"lJ(‘l8i notoi'irty_ the some as the "judicial notice“ of English and American law. See ND'l'1lE.

NOTORIOUS. In the law of evidence,

niatters deemcd notorious do not require to be proved. There does not seem to be any recognized rnie as to What matters are deem- ed notorious. Cases have occurred in which the state of society or public feeling has been tr:-.ired as notorious: e. (1., during times of sedition. Best, E\. 354; Sweet. —Notorin insolvency. A condition of insoiienc-_v which is enerally known througliout the community or nown to the general class of persons with whom the insolvent has husi- ness relations.—Notos-ions possession. in the rule that a prescriptive title must he foiiii_ded on open and "notor'ious" adverse possession, this term means that the possession or character of the holding must in its nature possess such elements of notoriety that the owner may he p|'PSIlI1lE(l to have notice of it and of its extent. Watroiis v. Morrison, 33 Fla. 201, 14 South. BOT». 39 Am. St. Rep. 139.

NOTOU3. In Scotch law. Open: notorious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor. retires to sanctuary or ab- sconds or defends by force, and is afterwards found insolvent by the court of session. Bell.

Nova oonstitutio futnris for-mam imponere debet non pi-aeteritis. A new state of the law ought to affect the future, not the past. 2 Inst. 292; Broom. Max 34. 37.

NOVA CUSTUMA. The name of an imposition or duty. See ANTIQVJA (‘osrniun

NOVA STATUTA. New statutes. An appelhmoii sometimes given to the statutes which have been passed since the beginning of the reign of Edward III. 1 Steph. Comm. 68.

NOV)!-I NARRATIONES. New counts. The collection called "Nome Norrntdmies" contains pleadings in actions during the reign

Bl.Law Dict.(2d Ed.)—53

833

NOVELLE LEOFIS

of Edward III. It consists principally of dec- larations, as the title imports; but there are sometimes pleas and subsequent pleadings. 'H.ie Articuli ad Nor-as Norrutiancs is usually subJoined to this litile book, and is a smail treatise on the method of pleading. it first treats of actions and courts, and then goes through each particular writ, and the declaration upon it, accompanied with directions, and illust-rated by precedents. 3 Reeve, Eng. Law, 152; Wh.irton.

NOVALE. Land newly plowed and con- verted into tillage, and which has not been tilied before within the memory of man; also fallow land.

NOVALIS. In the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 30, 2.

Novatio non pi-iesumitur. Noviition is not presumed. Halls. Lat. Max. 109.

NOVATION. Novation is the substitution of a new debt or obligation for an existing one. Civ. Code Cal. § 1530; Civ. Code Dak. 9 863; Hard v. Burton, 62 Vt. 314, 20 At]. ‘zoo; l\'ic(‘-irtuey v. Kipp, 171 Pa. 644, 33 Atl. 233; McDonnell v. Aiabama Gold L. Ins. Co.. 85 Ala. 401, 5 South. 120: Shater's Appeal, {)9 Pa. 246.

Novation is a contract, consisting of two stipulations,-—one to extinguish an existing obligation; the other to substitute a new one in its piace. Civ. (‘ode La. art 2185.

The term was originally a technical term of the civil law, but is now in very general use in English and American jurisprudence.

In the civil law, there are three kinds of novation: (1) Where the debtor and creditor remain the same, but a new debt takes the place of the old one: (2) Whore the debt remains the same, but a new debtor is substituted; (3) where the debt and debtor remain, but a new creditor is substituted. Adams v. Power, 48 Miss. 451.

NOVEL ASSIGNMENT. See NEW As- SIGNMENT.

NOVEL DISSEISIN. Novrci. DIESEXSIN.

See Assisi: or

NOVELLE, (or NOVELLEI CONSTI- TUTIONES.) New constitutions; generally transiated in Emglish, “Noveis." The Latin name of those constitutions which were issued by Justinian after the publication of his Code, most of them being originally written in Greek. After his (loath. a collection of 168 Novels was made, 154 of which had been issued by Justinian, and the rest by his successors. These were afterwards included in the Corpus Juria c‘im'lis, (q. 12,.) and now constitute one of its four pricnipal «liiisious. Mackeld. Rom. Law, 9 80: 1 Kent, (‘omm. 541.

NOV]-ILL}!-1 LEONIS. The ordinances of the Emperor Leo, which were made from