Page:Black's Law Dictionary (Second Edition).djvu/842

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NOVELS

the year 887 till the year 893, are so called. These Novels changed many rules of the Justinian law. This collection contains 113 Novels, written originally in Greek, and after- wards, in 1560. translated into Latin by Agil- aeus. Maclzeid. Rom. Law. § 84.

NOVELS. The title given in English to the New Constitutions (NO1:('lltE Constitutianes) of Justinian and his successors, now forming a part of the Corpus Juris Clvilis. See Novauza.

NOVELTY. An objection to a patent or claim for a patent on the ground that the invention is not new or original is called an objection “tor wnnt of novelty.” NOV]-SEGA. Lat. In the civil law. A step-mother.

NOVERINT UNIVERSI PER PRIE- SENTES. Know all men by these presents. Formal words used at the commencement of deeds of release in the Latin forms.

NOVI OPERIS NUNCIATIO. Lat. De- nunciaiion of, or protest against, a new work. This was a species of remedy in the civil law, available to a person who thought his rights or his property were threatened with injury by the -act or his neighber in erecting or demolishing any structure, (which was caiied a “new work" In such case. he might go upon the ground, while the work was in progress, and publicly protest against or forbid its completion, in the presence of the workmen or of the owner or his representative

NOVIGILD. In Saxon law. A pecun- iary satlsfaction for an injury. amounting to nine times the value of the thing for which it was paid. Spelman.

NOVISSIMA RECOPILACION. (Latest Compilation.) The title of a collection of Spanish law compiled by order of Don Carlos IV. in 1S05. 1 White. Recop. 355.

NOVITAS. new thing.

Lat. Novelty: newness; s.

Rosita: non tam utilitate pr-tidest quam nnvitnte perturbat. A novelty does not benefit so much by its utility as it dis— turhs by its novelty. Jenk. Cent. p. 167. case 23.

NOVTTER PERVENTA, or NOVITER AD NOTITIAM PERVENTA. In ecclesi- nsticni procedure. Facts "newly come" to the knowledge of s party to a cause. Leave to plead facts novitar pcrvcnta is generally given, in a proper case, even after the pleads ings are closed. Philiim. Ekc. Law, 125 ; Rog. Eco. Law. 723.

834

N UCES COLLIGERE

NOVODAMUS. In old Scotch law. (We give anew.) The name given to a charter. or clause in a charter, granting a renewai of a right. Bell.

Novnm judicium non dat novnm jun, sed declarat aaitiquum; quia Jmlicinm est Juris dictum el: per judicium in: all noviter revelntum quad din fail: velan tum. A new adjudication does not make I new law, but declares the old; because ad- judication is the utterance of the law, and by adjudication the law is newiy revealed which was for a long time hidden. 10 Cake. 42.


NOVUM OPUS. Lat. in the civil law. A new work. See Novl Oranrs Nuncurm.

NOVUS HOMO. Lat. A new man. This term la appiled to a man who has been pardoned of a crime, and so made, as it were. a “new man."

NOXA. Lat. In the civil law. This term denoted any damage or injury done to persons or property by an uniawtul act com- mitted by a man's slave or animal. An action for damages lay against the master or owner, who, however, might escape further responsibility by delivering up the offending agent to the party injured. “Nora.” was al- so used as the designation of the ottense committed, and of its punishment, and sometimes of the eiave or animai doing the dam- age.

Nnxn. sequihzr caput. The injury [L e., liability to make good an injury caused byn slave] foiiows the head or person, [i. e., al- taches to his n1aster.] Heinecc. Elem. I. 4, t. 3, § 1231.

NOXAL ACTION. An action for dam- age done by slaves or irrational animals. Sandars. Just Inst. (5th Ed.) 457.

NOXALIS ACTIO.}} Lat. In the civil law. An action which lay against the was | ter of a slave, for some offense (as theft or rohbery) committed or damage or injury done by the slave, which was called "mm." Usually translated “noxal action."

NOXIA. Lat. In the civil law. An offense committed or damage done by a slave. Inst. 4, 8. 1.

NOXIOUS. Hurtful: oifensive; oifensive to the smell. Rex v. White, 1 Burrows, 337. The word "noxious" includes the complex idea both of insalubrity and ottensiveness. Id.

NUZBILIS. Lat. In the civil law. Marrlngeable; one who la of a proper age to be married.

NUCES COLLIGERE. Lat. To collect

nuts. This was formerly one of the works