Page:Black's Law Dictionary (Second Edition).djvu/846

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NULLUS IDONEUS TESTIS

party present aiding and abetting In its commission.

Nulllu idoneul testis in re sun. intelligihu-. No person is understood to be a competent witness In his own cause. Dig.

' 22, 5, 10.

Nnllns jun alienum for-ixfscere potest. No man can torleit another's right. Fleta. lib. 1, c. 28, § 11.

Nullns 1-ecednt e our-is csncellarla sine remedio. No person should depart from the court at chancery without a rem- edy. 4 Hen. VII. 4; Branch, Princ.

Nullus simile est idem. nisi qnatunr pedibns enrrit. No like is exactly identical unless it runs on all fours.

Nullus videtur dolo facets qul. luo jun utitnr. No one is considered to act with guile who uses his own right. Dig. 50, 17, 55; Broom. Max. 130.

NUMERATA PECUNIA. Lat. In the civil law. Money told or counted; money paid by tale. Inst. 3. 24, 2: Bract. to]. 35.

NUMMATA. The price of anything in money, as rlcnanata is the price of a thing by computation of pence, and I/ibrata, of pounds.

NUMMATA THERE. An acre of land. Spelman.

NUNC PRO TITNC. Lat NOW for then. A phrase applied to acts ailowed to be done after the time when they should be done, with a retroactive effect, i. (3., with the same effect as it regularly done. Perkins v. Hay- ward, 132 Ind. 95. 31 N. E. 670; Secou v. Leroux, 1 N. M. 388.

NUNCIATIO. Lat. In the Civil law. A solemll declaration. usually in prohibition of a thing; a protest.

NUNCIO. The permanent official repr¢.> sentative of the pope at a foreign court 01' seat of government. Webster. They are called “ord.lnary" or ‘‘extraordinary. according as they are sent for general purposes or on a special mission.

NUNCIIJS. In international law. A, messenger; a minister; the pope’s legate. commonly calied a "nunclo."

NUNGUPARE. Lat. In the civil law. To name: to pronounce orally or in words without writing.

NUNGUPATE. To declare publicly and solemnly.

838

NUPER OBIIT

NUNCUPATIVE WEL. A will wll depends merely upon oral evidence. havl been declared or dictated by the testllior his last sickness before a snfficiellt nllnlh of witnesses, and afterwards reducedtow Ex parte Thompson, 4 Bradf. Sur. Y.) 154; Sykes 1'. Sykes, 2 Stew. (Ala.) 3 20 Am. Dec. 40; Tally v. Buttern'urtll.l Yeig. (Tenn.) 502; Ellington v. Dill-.nd. Ga. 379: Succession of Morales, 16 La. A 268.

NUNDINE. Lat. In the civil and ol English law. A fair. In mnlliinis of me calls, in fairs and markets. Eract. ml. 56. _

NIINDINATION. Tralfic at fairs and markets; any buying and selling.

Nunqu:-un or-esoit ex postfacto prizeterlti delicti sestimntio. The ch.1l'acter of a ilast offense is never aggrauated by a at sequent act or matter. Dig. 50, 17. 139. ll Bac. Max. p. 38, reg. 8; Broom, Mar. -1?. '

Nunqus.-m decurritnr ad extraordinarium sed ubi deficit ordinarium. Wears never to resort to what is extralorllilmry, but [llntlil What is ordinary fails. 4 Inst. Si.

Nunqusm fictio sins lege. There is an fiction without law. NUNQUAM IND]-IBITATUS. Lat.

Never indebted. The name of a plea in llll action of imlebitatus assmnp.-lit, by whlch the defendant alleges that be is not indebted to the plaintiff.

Nnnquam nimia dieitnr quad nnnqnam satin dicitur. What is never slllficiently said la never said too much. Co. Litt. 375.

Nunqusm pr-aescx-ibitur in fslso. There is never a prescription in case or falsehood or forgery. A maxim in Scotch law. Bell.

Nunquaan res human: prospera Inocedunt ubi negliguntur divinae. Co. Lltl‘. 15. Human things never prosper where lil- vine things are neglected

NUNTIUS. In old English practice. A messenger. One who was sent to make an excuse for a party summoned, or one who explained as for a friend the reason of a party's absence. Braet. to]. 345. An olificer of a court: a summoner, appsritor, or beadle. Cowell.

NUPER OBIIT. Lat. In practice. The name of a writ (now abolished) which, In the English law, lay for a SlStel' co-heiress dispossessed by her coparcener of lands and tenements whereof their father, brother, or

any common ancestor died selsed of an estate in fee-simple Fitzh. Nat. Brev. 197.