



                                     N.

NAIL, A measure of length, equal to two inches and a quarter. Vide Measure. 

NAKED. This word is used in a metaphorical sense to denote that a thing is 
not complete, and for want of some quality it is either without power, or it 
possesses a limited power. A naked contract, is one made without 
consideration, and, for that reason, it is void; a naked authority, is one 
given without any right in the agent, and wholly for the benefit of the 
principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum. 

NAME. One or more words used to distinguish a particular individual, as 
Socrates, Benjamin Franklin. 
     2. The Greeks, as is well known, bore only one name, and it was one of 
the especial rights of a father to choose the names for hi's children and to 
alter them if he pleased. It was customary to give to the eldest son the 
name of the grandfather on his father's side. The day on which children 
received their names was the tenth after their birth. The tenth day, called 
'denate,' was a festive day, and friends and relatives were invited to take 
part in a sacrifice and a repast. If in a court of justice proofs could be 
adduced that a father had held the denate, it was sufficient evidence that 
be had recognized the child as his own. Smith's Diet. of Greek and Rom. 
Antiq. h.v. 
     3. Among the Romans, the division into races, and the subdivision of 
races into families, caused a great multiplicity of names. They had first 
the pronomen, which was proper to the person; then the nomen, belonging to 
his race; a surname or cognomen, designating the family; and sometimes an 
agnomen, which indicated the branch of that family in which the author has 
become distinguished. Thus, for example, Publius Cornelius Scipio Africanus; 
Publius is the pronomen; Cornelius, the nomen, designating the name of the 
race Cornelia; Scipio, the cognomen, or surname of the family; and 
Africanus, the agnomen, which indicated his exploits. 
     4. Names are divided into Christian names, as, Benjamin, and surnames, 
as, Franklin. 
     5. No man can have more than one Christian name; 1 Ld. Raym. 562; Bac. 
Ab. Misnomer, A; though two or more names usually kept separate, as John and 
Peter, may undoubtedly be compounded, so as to form, in contemplation of 
law, but one. 5 T. R. 195. A letter put between the Christian and surname, 
as an abbreviation of a part of the Christian name, as, John B. Peterson, is 
no part of either. 4 Watts' R. 329; 5 John. R. 84; 14 Pet. R. 322; 3 Pet. R. 
7; 2 Cowen. 463; Co. Litt. 3 a; 1 Ld. Raym. 562;, Vin. Ab. Misnomer, C 6, 
pl. 5 and 6: Com. Dig. Indictment, G 1, note u; Willes, R. 654; Bac. Abr. 
Misnomer and Addition; 3 Chit. Pr. 164 to 173; 1 Young, R. 602. But see 7 
Watts & Serg. 406. 
     5. In general a corporation must contract and sue and be sued by its 
corporate name; 8 John. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R. 
359; yet a slight alteration in stating the name is unimportant, if there be 
no possibility of mistaking the identity of the corporation suing. 12 L. R. 
444. 
     6. It sometimes happens that two different sets of partners carry on 
business in the same social name, and that one of the partners is a member 
of both firms. When there is a confusion in this respect, the partners of 
one firm may, in some cases, be made responsible for the debts of another. 
Baker v. Charlton, Peake's N. P. Cas. 80; 3 Mart. N. S. 39; 7 East. 210; 2 
Bouv. Inst. n. 1477. 
     7. It is said that in devises if the name be mistaken, if it appear the 
testator meant a particular corporation, the devise will be good; a devise 
to "the inhabitants of the south parish," may be enjoyed by the inhabitants 
of the first parish. 3 Pick. R. 232; 6 S. & R. 11; see also Hob. 33; 6 Co. 
65; 2 Cowen, R, 778. 
     8. As to names which have the same sound, see Bac. Ab. Misnomer, A; 7 
Serg & Rawle, 479; Hammond's Analysis of Pleading, 89; 10 East. R. 83; and 
article Idem Sonans. 
     9. As to the effect of using those which have the same derivation, see 
2 Roll. Ab. 135; 1 W. C. C. R. 285; 1 Chit. Cr. Law 108. For the effect of 
changing one name, see 1 Rop. Leg. 102; 3 M. & S. 453 Com. Dig. G 1, note x. 
    10. As to the omission or mistake of the name of a legatee, see 1 Rop. 
Leg. 132, 147; 1 Supp. to Ves. Jr. 81, 82; 6 Ves. 42; 1 P. Wms. 425; Jacob's 
R. 464. As to the effect of mistakes in the names of persons in pleading, 
see Steph. Pl. 319. Vide, generally, 13 Vin. Ab. 13; 15 Vin. Ab. 595; Dane's 
Ab. Index, h.t.; Roper on Leg. Index, b. t; 8 Com: Dig., 814; 3 Mis. R. 
144; 4 McCord, 487; 5 Halst. 230; 3 Mis. R. 227; 1 Pick. 388; Merl. Rep. mot 
Nom; and article Misnomer. 
    11. When a person uses a name in making a contract under seal, he will 
not be permitted to say that it is not his name; as, if he sign and seal a 
bond "A and B," (being his own and his partner's name,) and he had no 
authority from his partner to make such a deed, he cannot deny that his name 
is A. & B. 1 Raym. 2; 1 Salk. 214. And if a man describes himself in the 
body of a deed by the name of James and signs it John, he cannot, on being 
sued by the latter name, plead that his name is James. 3 Taunt. 505; Cro. 
Eliz. 897, n. a. Vide 3 P. & D. 271; 11 Ad. & L. 594. 

NAMES OF SHIPS. The act of congress of December 31, 1792, concerning the 
registering and recording of ships or vessels, provides, 
     Sec. 3. That every ship or vessel, hereafter to be registered, (except 
as is hereinafter provided,) shall be registered by the collector of the 
district in which shall be comprehended the port to which such ship or 
vessel shall belong at the time of her registry, which port shall be deemed 
to be that at or nearest to which the owner, if there be but one, or, if 
more than one, the husband, or acting and managing owner of such ship or 
vessel, usually resides. And the name of the said ship or vessel, and of the 
port to which she shall so belong, shall be painted on her stern, on a black 
ground, in white letters, of not less than three inches in length. And if 
any ship or vessel of the United States shall be found without having her 
name, and the name of the port to which she belongs, painted in manner 
aforesaid, the owner or owners shall forfeit fifty dollars; one half to the 
person, giving the information thereof, the other half to the use of the 
United States. 1 Story's L. U. S. 269. 
     2. And by the act of February 18, 1793, it is directed, 
     Sec. 11. That every licensed ship or vessel shall have her name, and 
the port to which she belongs, painted on her stern, in the manner as is 
provided for registered ships or vessels; and if any licensed ship or vessel 
be found without such painting, the owner or owners thereof shall pay twenty 
dollars. 1 Story's L. U. S. 290. 
     3. By a resolution of congress, approved, March. 3, 1819, it is 
resolved, that all the ships of the navy of the United States, now building, 
or hereafter to be built, shall be named by the secretary of the navy, under 
the direction of the president of the United States, according to the 
following rule, to wit: Those of the first class, shall be called after the 
states of this Union those of the second class, after the rivers and those 
of the third class, after the principal cities and towns; taking care that 
no two vessels in the navy shall bear the same name. 3 Story's L. U. S. 
1757. 
     4. When a ship is pledged, as in the contract of bottomry, it is 
indispensable that its name should be properly stated; when it is merely the 
place in which the pledge is to be found, as in respondentia, it should also 
be stated, but a mistake in this case would not be fatal. 2 Bouv. Inst. n. 
1255. 

NAMIUM. An old word which signifies the taking or distraining another 
person's movable goods; 2 Inst. 140; 3 Bl. Com. 149 a distress. Dalr. Feud. 
Pr. 113. 

NARR, pleading. An abbreviation of the word narratio; a declaration in the 
cause. 

NARRATOR. A pleader who draws narrs serviens narrator, a sergeant at law. 
Fleta, 1. 2, c. 37. Obsolete. 

NARROW SEAS, English law. Those seas which adjoin the coast of England. Bac. 
Ab. Prerogative, B 3. 

NATALE. The state of condition of a man acquired by birth.

NATIONAL or PUBLIC DOMAIN. All the property which belongs to the state is 
comprehended under the name of national or public domain. 
     2. Care must be taken not to confound the public or national domain, 
with the national finances, or the public revenue, as taxes, imposts, 
contributions, duties, and the like, which are not considered as property, 
and are essentially attached to the sovereignty. Vide Domain; Eminent 
Domain. 

NATIONALITY. The state of a person in relation to the nation in which he was 
born. 
     2. A man retains his nationality of origin during his minority, but, as 
in the case of his domicil of origin, he may change his nationality upon 
attaining full age; he cannot, however, renounce his allegiance without 
permission of the government. See Citizen; Domicil; Expatriation; 
Naturalization; Foelix, Du Dr. Intern. prive, n. 26; 8 Cranch, 263; 8 
Cranch, 253; Chit. Law of Nat. 31 2 Gall. 485; 1 Gall. 545. 

NATIONS. Nations or states are independent bodies politic; societies of men 
united together for the purpose of promoting their mutual safety and 
advantage by the joint efforts of their combined strength. 
     2. But every combination of men who govern themselves, independently of 
all others, will not be considered a nation; a body of pirates, for example, 
who govern themselves, are not a nation. To constitute a nation another 
ingredient is required. The body thus formed must respect other nations in 
general, and each of their members in particular. Such a society has her 
affairs and her interests; she deliberates and takes resolutions in common; 
thus becoming a moral person who possesses an understanding and will 
peculiar to herself, and is susceptible of obligations and rights. Vattel, 
Prelim. Sec. 1, 2; 5 Pet. S. C. R. 52. 
     3. It belongs to the government to declare whether they will consider a 
colony which has thrown off the yoke of the mother country as an independent 
state; and until the government have decided on the question, courts of 
justice are bound to consider the ancient state of things as remaining 
unchanged. 1 Johns. Ch. R. 543; 13 John. 141, 561; see 5 Pet. S. C. R. 1; 1 
Kent, Com 21; and Body Politic; State. 

NATIVES. All persons born within the jurisdiction of the United States, are 
considered as natives. 
     2. Natives will be classed into those born before the declaration of 
our independence, and those born since. 
     3.-1. All persons, without regard to the place of their birth, who 
were born before the declaration of independence, who were in the country at 
the time it was made, and who yielded a deliberate assent to it, either 
express or implied, as by remaining in the country, are considered as 
natives. Those persons who were born within the colonies, and before the 
declaration of independence, removed into another part of the British 
dominions, and did not return prior to the peace, would not probably be 
considered natives, but aliens. 
     4.-2. Persons born within the United States, since the Revolution, 
may be classed into those who are citizens, and those who are not. 
     5.-1st. Natives who are citizens are the children of citizens, and of 
aliens who at the time of their birth were residing within the United 
States. 
     6. The act to establish an uniform rule of naturalization, approved 
April 14, 1802, Sec. 4, provides that the children of persons who now are, 
or have been citizens of the United States, shall, though born out of the 
limits and jurisdiction of the United States, be considered as citizens of 
the United States" But, the right of citizenship shall not descend to 
persons whose fathers have never resided in the United States. 
     7.-2d. Natives who are not citizens are, first, the children of 
ambassadors, or other foreign ministers, who, although born here, are 
subjects or citizens of the government of their respective fathers. 
Secondly, Indians, in general, are not citizens. Thirdly, negroes, or 
descendants of the African race, in general, have no power to vote, and are 
not eligible to office. 
     8. Native male citizens, who have not lost their political rights, 
after attaining the age required by law, may vote for all kinds of officers, 
and be elected to any office for which they are legally qualified. 
     9. The constitution of the United States declares that no person, 
except a natural born citizen, or a citizen of the United States at the time 
of the adoption of this constitution, shall be eligible to the office of 
president or vice-president of the United States. Vide, generally, 2 Cranch, 
280; 4 Cranch, 209; 1 Dall. 53; 20 John. 213; 2 Mass. 236, 244, note; 2 Pick.

394, n.; 2 Kent, 35. 

NATURAL AFFECTION. The affection which a husband, a father, a brother, or 
other near relative, naturally feels towards those who are so nearly allied 
to him, sometimes supplies the place of a valuable consideration in 
contracts; and natural affection is a good consideration in a deed For 
example, if a father should covenant without any other consideration to 
stand seised to the use of his child, the naming him to be of kin implies 
the consideration of natural affection, whereupon such use will arise. 
Carth. 138 Dane's Ab. Index, h.t. 

NATURAL CHILDREN. In the phraseology of the English or American law, natural 
children are children born out of wedlock, or bastards, and are 
distinguished from legitimate children; but in the language of the civil 
law, natural are distinguished from adoptive children, that is, they are the 
children of the parents spoken of, by natural procreation. See Inst. lib. 3, 
tit. 1, Sec. 2. 
     2. In Louisiana, illegitimate children who have been acknowledged by 
their father, are called natural children; and those whose fathers are 
unknown are contradistinguished by the appellation of bastards. Civ. Code of 
Lo. art. 220. The acknowledgment of an illegitimate child shall be made by a 
declaration executed before a notary public, in the presence of two 
witnesses, whenever it shall not have been made in the registering of the 
birth or baptism of such child. Id. art. 221. Such acknowledgment shall not 
be made in favor of the children produced by an incestuous or adulterous 
connexion. Id. art. 222. 
     3. Fathers and mothers owe alimony to their natural children, when they 
are in need. Id. art. 256, 913. In some cases natural children are entitled 
to the legal succession, of their natural fathers or mothers. Id. art. 911 
to 927. 
     4. Natural children owe alimony to their father or mother, if they are 
in need, and if they themselves have the means of providing it. Id. art. 
256. 
     5. The father is of right the tutor of his natural children 
acknowledged by him; the mother is of right the tutrix of her natural child 
not acknowledged by the father. The natural child, acknowledged by both, has 
for tutor, first the father; in default of him, the mother. Id. art. 274. 
See 1 Bouv. Inst. n. 319, et seq. 

NATURAL EQUITY. That which is founded in natural justice, in honesty and 
right, and which arises ex aequo et bono. It corresponds precisely with the 
definition of justice or natural law, which is a constant and perpetual. 
will to give to every man what is his. This kind of equity embraces so wide 
a range, that human tribunals have never attempted to enforce it. Every code 
of laws has left many matters of natural justice or equity wholly unprovided 
for, from the difficulty of framing general rules to meet them, from the 
almost impossibility of enforcing them, and from the doubtful nature of the 
policy of attempting to give a legal sanction to duties of imperfect 
obligation, such as charity, gratitude, or kindness. 4 Bouv. Inst. n. 3720. 

NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the 
person who has contracted it, but which cannot be enforced in a court of 
justice. Poth. n. 173, and n. 191. See Obligation. 

NATURAL PRESUMPTIONS, evidence. Presumptions of fact; those which depend 
upon their own form and efficacy in generating belief or conviction in the 
mind, as derived from those connexions which are pointed out by experience; 
they are independent of any artificial connexions, and differ from mere 
presumptions of law in this essential respect, that the latter depend on and 
are a branch of th& particular system of jurisprudence to which they belong; 
but mere natural presumptions are derived wholly by means of the common 
experience of mankind, without the aid or control of any particular rule of 
law, but simply from the course of nature and the habits of society. These 
presumptions fall within the exclusive province of the jury, who are to pass 
upon the facts. 3 Bouv. Inst. n. 3064; Greenleaf on Ev. Sec. 44. 

NATURAL DAY. That space of time included between the rising and the setting 
of the sun. See Day. 

NATURAL FOOL. An idiot; one born without the reasoning powers, or a capacity 
to acquire them. 

NATURAL FRUITS. The natural production of trees, bushes, and other plants, 
for the use of men and animals, and for the reproduction of such trees, 
bushes or plants. 
     2. This expression is used in contradistinction to artificial or 
figurative fruits; for example, apples, peaches and pears are natural 
fruits; interest is the fruit of money, and this is artificial. 

NATURALIZATION. The act by which an alien is made a citizen of the United 
States of America. 
     2. The Constitution of the United States, art. 1, s. 8, vests in 
congress the power "to establish an uniform rule of naturalization." In 
pursuance of this authority congress have passed several laws on this 
subject, which, as they are of general interest, are here transcribed as far 
as they are in force. 
     3.-1. An act to establish an uniform rule of naturalization, and to 
repeal the acts heretofore passed on that subject. Approved April 14, 1802. 
7 Hill, 137. 
     Sec. 1. Be it enacted, &c, That any alien, being a free white person, 
may be admitted to become a citizen of the United States, or any of them, on 
the following conditions, and not otherwise: First, That be shall have 
declared, on oath or affirmation, before the supreme, superior, district, or 
circuit court, of some one of the states, or of the territorial districts of 
the United States, or a circuit or district court of the United States, 
three years at least before his admission, that it was, bona fide, his 
intention to become a citizen of the United States, and to renounce forever 
all allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty, whatever, and particularly, by name, the prince, potentate, 
state or sovereignty, whereof such alien may, at the time, be a citizen or 
subject. Secondly, That he shall, at the time of his application to be 
admitted, declare, on oath or affirmation, before some one of the courts 
aforesaid, that he will support the constitution of the United States, and 
that he doth absolutely and entirely renounce and abjure all allegiance and 
fidelity to every foreign prince, potentate, state, or sovereignty, 
whatever, and particularly, by name, the prince, potentate, state, or 
sovereignty, whereof he was before a citizen or subject; which proceedings 
shall be recorded by the clerk of the court. Thirdly, That the court 
admitting such alien shall be satisfied that he has resided within the 
United States five years, at least, and within the state or territory where 
such court is at the time held, one year at least; and it shall further 
appear to their satisfaction, that, during that time, he has behaved as a 
man of good moral character, attached to the principles of the constitution 
of the United States, and well disposed to the good order and happiness of 
the same: 
     4. Provided, That the oath of the applicant shall, in no case, be 
allowed to prove his residence. Fourthly, That in case the alien, applying 
to be admitted to citizenship, shall have borne any hereditary title, or 
been of any of the orders of nobility, in the kingdom or state from which he 
came, he shall in addition to the above requisites, make a express 
renunciation of his title or order of nobility, in the court to which his 
application shall be made, which renunciation shall be recorded in the said 
court: 
     5. Provided, That no alien, who shall heretofore passed on that 
subject. Approved April 14, 1802. 7 Hill, 137. Sec. 1. Be it enacted, &c. 
That any alien, being a free white person, may be admitted to become a 
citizen of the United States, or any of them, on the following conditions, 
and not otherwise: First, That he shall have declared, on oath or 
affirmation, before the supreme, superior, district, or circuit court, of 
some one of the states, or of the territorial districts of the United 
States, or a circuit or district court of the United States, three years at 
least before his admission, that it was, bona fide, his intention to become 
a citizen of the United States, and to renounce forever all allegiance and 
fidelity to any foreign prince, potentate, state, or sovereignty, whatever, 
and particularly, by name, the prince, potentate, state or sovereignty, 
whereof such alien may, at the time, be a citizen or subject. Secondly, That 
be shall, at the time of his application to be admitted, declare, on oath or 
affirmation, before some one of the courts aforesaid, that he will support 
the constitution of the United States, and that he doth absolutely and 
entirely renounce and abjure all allegiance and fidelity to every foreign 
prince, potentate, state, or sovereignty, whatever, and particularly, by 
name, the prince, potentate, state, or sovereignty, whereof he was before a 
citizen or subject; which proceedings shall be recorded by the clerk of the 
court. Thirdly, That the court admitting such alien shall be satisfied that 
he has resided within the United States five years, at least, and within the 
state or territory where such court is at the time held, one year at least; 
and it shall further appear to their satisfaction, that, during that time, 
he has behaved as a man of good moral character, attached to the principles 
of the constitution of the United States, and well disposed to the good 
order and happiness of the same: 
     4. Provided, That the oath of the applicant shall, in no case, be 
allowed to prove his residence. Fourthly, That in case the alien, applying 
to be admitted to citizenship, shall have borne any hereditary title, or 
been of any of the orders of nobility, in the kingdom or state from which he 
came, he shall, in addition to the above requisites, make an express 
renunciation of his title or order of nobility, in the court to which his 
application shall be made, which renunciation shall be recorded in the said 
court: 
     5. Provided, That no alien, who shall be a native citizen, denizen, or 
subject, of any country, state, or sovereign, with whom the United States 
shall be at war, at the time of his application, shall be then admitted to 
be a citizen of the United States: 
     6. Provided, also, That any alien who was residing within the limits, 
and under the jurisdiction, of the United States, before the twenty-ninth 
day of January, one thousand seven hundred and ninety-five, may be admitted 
to become a citizen, on due proof made to some one of the courts aforesaid, 
that he has resided two years, at least, within and under the jurisdiction 
of the United States, and one year, at least, immediately preceding his 
application within the state or territory where such court is at the time 
held; and on his declaring on oath, or affirmation, that he will support the 
constitution of the United States, and that be doth absolutely and entirely 
renounce and abjure all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, whatever, and particularly, by name, the 
prince, potentate, state, or sovereignty, whereof he was before a citizen or 
subject; and, moreover, on its appearing to the satisfaction of the court, 
that, during the said term of two years, he has behaved as a man of good 
moral character, attached to the constitution of the United States, and well 
disposed to the good order and happiness of the same; and where the alien, 
applying, for admission to citizenship, shall have borne any hereditary 
title, or been of any of the orders of nobility in the kingdom or state from 
which be came, on his moreover making in the court an express renunciation 
of his title or order of nobility, before he shall be entitled to such 
admission: all of which proceedings, required in this proviso to be 
performed in the court, shall be recorded by the clerk thereof: 
     7. And provided, also, That any alien who was residing within the 
limits, and under the jurisdiction, of the United States, at any time 
between the said twenty-ninth day of January, one thousand seven hundred and 
ninety-five, and the eighteenth day of June, one thousand seven hundred and 
ninety-eight, may, within two years after the passing of this act, be 
admitted to become a citizen, without a compliance with the first condition 
above specified. 
     8.-Sec. 3. And whereas, doubts have arisen whether certain courts of 
record, in some of the states, are included within the description of 
district or circuit courts: Be it further enacted, That every court of 
record in any individual state, having common law jurisdiction, and a seal, 
and clerk or prothonotary, shall be considered as a district court within 
the meaning of this act; and every alien, who may have been naturalized in 
any such court, shall enjoy, from and after the passing of the act, the same 
rights and privileges, as if he had been naturalized in a district or 
circuit court of the United States. 
     9.-Sec. 4. That the children of persons duly naturalized under any of 
the laws of the United States, or who, previous to the passing of any law on 
that subject by the government of the United States, may have become 
citizens of any one of the said states, under the laws thereof, being under 
the age of twenty-one years, at the time of their parents' being so 
naturalized or admitted to the rights of citizenship, shall, if dwelling in 
the United States, be considered as citizens of the United States; and the 
children of persons who now are, or have been, citizens of the United 
States, shall, though born out of the limits and jurisdiction of the United 
States, be considered as citizens of the United States: 
    10. Provided, That the right of citizenship shall not descend to persons 
whose fathers have never resided within the United States: 
    11. Provided also, That no person heretofore proscribed by any state, or 
who has been legally convicted of having joined the army of Great Britain 
during the late war, shall be admitted a citizen, as aforesaid, without the 
consent of the legislature of the state in which such person was proscribed. 
    12.-Sec. 5. That all acts heretofore passed respecting naturalization, 
be, and the same are hereby repealed. 
    13.-2. An act in addition to an act, entitled "An act to establish an 
uniform rule of naturalization; and to repeal the acts heretofore passed on 
that subject." Approved March 26, 1804. 
    14.-Sec. 1. 'Be it enacted, &c. That any alien, being a free white 
person, who was residing within the limits, and under the jurisdiction of 
the United States, at any time between the eighteenth day of June, one 
thousand seven hundred and ninety-eight, and the fourteenth day of April, 
one thousand eight hundred and two, and who has continued to reside within 
the same, may be admitted to become a citizen of the United States, without 
a compliance with the first condition specified in the first section of the 
act, entitled "An act to establish an uniform rule of naturalization, and to 
repeal tile acts heretofore passed on that subject." 
    15.-Sec. 2. That when any alien who shall have complied with the first 
condition specified in the first section of the said original act, and who 
shall have pursued the directions prescribed in the second section of the 
said act, may die, before he is actually naturalized, the widow and the 
children of such alien shall be considered as citizens of the United States; 
and shall be entitled to all the rights and privileges as such, upon taking 
the oaths prescribed by law. 
    16.-3. An act for the regulation of seamen on board the public and 
private vessels of the United States. 
    17.-Sec. 12. That no person who shall arrive in the United States, 
from and after the time when this act shall take effect, shall be admitted 
to become a citizen of the United States, who shall not, for the continued 
term of five years, next preceding his admission as aforesaid, have resided 
within the United States, without being, at any time during the said five 
years, out of the territory of the United States. App. March 3, 1813. 
    18.-4. An act supplementary to the acts heretofore passed on the 
subject of an uniform rule of naturalization. App. July 30, 1813. 
    19.-Sec. 1. Be it enacted, &c. That persons resident within the United 
States, or the territories thereof, on the eighteenth day of June, in the 
year one thousand eight hundred and twelve, who had, before that day, made a 
declaration, according to law, of their intentions to become citizens of the 
United States, or who, by the existing laws of the United States, were, on 
that day, entitled to become citizens without making such declaration, may 
be admitted to become citizens thereof" notwithstanding they shall be alien 
enemies, at the time and in the manner prescribed by the laws heretofore 
passed on the subject: Provided, That nothing herein contained shall be 
taken or construed to interfere with, or prevent the apprehension and 
removal, agreeably to law, of any alien enemy at any time previous to the 
naturalization of such alien. 
    20.-5. An act relative to evidence in case of naturalization. App. 
March 22, 1816. 
    21.-Sec. 2. That nothing herein contained shall be construed to 
exclude from admission to citizenship, any free white person who was 
residing within the limits and under the jurisdiction of the United States 
at any time between the eighteenth day of June, one thousand seven hundred 
and ninety-eight, and the fourteenth day of April, one thousand eight 
hundred and two, and who, having continued to reside therein, without having 
made any declaration of intention before a court of record as aforesaid, may 
be entitled to become a citizen of the United States according to the act of 
the twenty-sixth of March, one thousand eight hundred and four, entitled "An 
act in addition to an act, entitled 'An act to establish an uniform rule of 
naturalization, and to repeal the acts heretofore passed on that subject.' 
"Whenever any person, without a certificate of such declaration of 
intention, as aforesaid, shall make application to be admitted a citizen of 
the United States, it shall be proved, to the satisfaction of the court, 
that the applicant was residing within the limits and under the jurisdiction 
of the United States before the fourteenth day of April one thousand eight 
hundred and two, and has continued to reside within the same, or be shall 
not be so admitted. And the residence of the applicant within the limits and 
under the jurisdiction of the United States, for at least five years 
immediately preceding the time of such application, shall be proved by the 
oath or affirmation of citizens of the United States; which citizens shall 
be named in the record as witnesses. And such continued residence within the 
limits and under the jurisdiction of the United States, when satisfactorily 
proved, and the place or places where the applicant has resided for at least 
five years, as aforesaid, shall be stated and set forth, together with the 
names of such citizens, in the record of the court admitting the applicant; 
otherwise the same shall not entitle him to be considered and deemed a 
citizen of the United States. 
    22.-6. An act in further addition to "An act to establish an uniform 
rule of naturalization, and to repeal the acts heretofore passed on that 
subject." App. Ma 26, 1824. 
    23.-Sec. 1. Be it enacted, &c. That an alien, being a free white 
person and a minor under the age of twenty-one years, who shall have resided 
in the United States three years next preceding his arriving at the age of 
twenty-one years, and who shall have continued to reside therein to the time 
be way make application to be admitted a citizen thereof, may, after he 
arrives at the age of twenty-one years, and after be shall have resided five 
years within the United States, including the three years of his minority, 
be admitted a citizen of the United States, without having made the 
declaration required in the first condition of the first section of the act 
to which this is an addition, three years previous to his admission. 
    24. Provided, such alien shall make the declaration required therein at 
the time of his or her admission; and shall further declare, on oath, and 
prove to the satisfaction of the court, that, for three years next 
preceding, it has been the bona fide intention of such alien to become a 
citizen of the United States; and shall, in all other respects, comply with 
the laws in regard to naturalization. 
    25.-Sec. 2. That no certificates of citizenship, or naturalization, 
heretofore obtained from any court of record within the United States, shall 
be deemed invalid, in consequence of an omission to comply with the 
requisition of the first section of the act, entitled "An Act relative to 
evidence in cases of naturalization," passed the twenty-second day of March, 
one thousand eight hundred and sixteen. 
    26.-Sec. 3. That the declaration required by the first condition 
specified in the first section of the act, to which this is an addition, 
shall, if the same shall be bona fide, made before the clerks of either of 
the courts in the said condition named, be as valid as if it had been made 
before the said courts, respectively. 
    27.-Sec. 4. That a declaration by any alien, being a free white 
person, of his intended application to be admitted a citizen of the United 
States, made in the manner and form prescribed in the first condition 
specified in the first section of the act to which this is an addition, two 
years before his admission, shall be a sufficient compliance with said 
condition; anything in the said act, or in any subsequent act, to the 
contrary notwithstanding. 
    28.-7. An mot to amend the acts concerning naturalization. App. May 
24, 1828. 
    29.-Sec. 1. Be it enacted, &c. That the second section of the act, 
entitled "An act to establish an uniform rule of naturalization, and to 
repeal the acts heretofore passed on that subject," which was passed on the 
fourteenth day of April, one thousand eight hundred and two, and the first 
section of the act, entitled "An act relative to evidence in cases of 
naturalization," passed on the twenty-second day of March, one thousand 
eight hundred and sixteen, be, and the same are hereby repealed. 
    30.-Sec. 2. That any alien, being a free white person, who has resided 
within the limits and under the jurisdiction of the United States, between 
the fourteenth day of April, one thousand eight hundred and two, and the 
eighteenth day of June, one thousand eight hundred and twelve, and who has 
continued to reside within the same, may be admitted to become a citizen of 
the United States, without having made any previous declaration of his 
intention to become a citizen: 
    31. Provided, That whenever any person without a certificate of such 
declaration of intention, shall make application to be admitted a citizen of 
the United States, it shall be proved to the satisfaction of the court, that 
the applicant was residing within the limits, and under the jurisdiction of 
the United States, before the eighteenth day of June, one thousand eight 
hundred and twelve, and has continued to reside within the same, or he shall 
not be so admitted; and the residence of the applicant within the limits and 
under the jurisdiction of the United States, for at least five years 
immediately preceding the time of such application, shall be proved by the 
oath or affirmation of citizens of the United States, which citizens shall 
be named in the record as witnesses; and such continued residence within the 
limits and under the jurisdiction of the United States when satisfactorily 
proved, and the place or places where the applicant has resided for at least 
five years as aforesaid, shall be stated and set forth, together with the 
names of such citizens, in the record of the court admitting the applicant; 
otherwise the same shall not entitle him to be considered and deemed a 
citizen of the United States. 

NATURALIZED CITIZEN. One who, being born an alien, has lawfully become a 
citizen of the United States Under the constitution and laws. 
     2. He has all the rights of a natural born citizen, except that of 
being eligible as president or vice-president of the United States. In 
foreign countries he has a right to be treated as such, and will be so 
considered even in the country of his birth, at least for most purposes. 1 
Bos. & P. 430. See Citizen; Domicil; Inhabitant. 

NAUFRAGE, French mar. law. When, by the violent agitation of the waves, the 
impetuosity of the winds, the storm, or the lightning, a vessel is swallowed 
up, or so shattered that there remain only the pieces, the accident is 
called naufrage. 
     2. It differs from echouement, which is, when the vessel, remains 
whole, but is grounded; or from bris, which is, when it strikes against a 
rock or a coast; or from sombrer, which is, the sinking of the vessel in the 
sea, when it is swallowed up, and which may be caused by any accident 
whatever. Pardes. n. 643, Vide Wreck. 

NAUTAE. Strictly speaking, only carriers by water are comprehended under 
this word. But the rules which regulate such carriers have been applied to 
carriers by land. 2 Ld. Raym. 917; 1 Bell's Com. 467. 

NAVAL OFFICER. The name of an officer of the United States, whose duties are 
prescribed by various acts of congress. 
     2. Naval officers are appointed for the term of four years, but are 
removable from office at pleasure. Act of May 15, 1820, Sec. 1, 3 Story, L. 
U. S. 1790. 
     3. The act of March 2, 1799, Sec. 21, 1 Story, L. U. S. 590, prescribes 
that the naval officer shall receive copies of all manifests, and entries, 
and shall, together with the collector, estimate the duties on all goods, 
wares, and merchandise, subject to duty, (and no duties shall be received 
without such estimate,) and shall keep a separate record thereof, and shall 
countersign all permits, clearances, certificates, debentures, and other 
documents, to be granted by the collector; he shall also examine the 
collector's abstracts of duties, and other accounts of receipts, bonds, and 
expenditures, and, if found right, he shall certify the same. 
     4. And by Sec. 68, of the same law, it is enacted, that every 
collector, naval officer, and surveyor, or other person specially appointed, 
by either of them, for that purpose, shall have full power and authority to 
enter any ship or vessel, in which they shall have reason to suspect any 
goods, wares, or merchandise, subject to duty, are concealed, and therein to 
search for, seize, and secure, any such goods, wares, or merchandise and if 
they shall have cause to suspect a concealment thereof in any particular 
dwelling house, store, building, or other place, they or either of them 
shall, upon proper application, on oath, to any justice of the peace, be 
entitled to a warrant to enter such house, store, or other place (in the day 
time only,) and there to search for such goods; and if any shall be found, 
to seize and secure the same for trial; and all such goods, wares and 
merchandise, on which the duties shall not have been paid, or secured to be 
paid, shall be forfeited. 

NAVICULARIS, civil law. He who had the management and care of a ship. The 
same as our sea captain. Bouch. Inst. n. 359. Vide Captain. 

NAVIGABLE. Capable of being navigated. 
     2. In law, the term navigable is applied to the sea, to arms of the 
sea, and to rivers in which the tide flows and reflows. 5 Taunt. R. 705; S. 
C. Eng. Com. Law Rep. 240; 5 Pick. R. 199; Ang. Tide Wat. 62; 1 Bouv. Inst. 
n. 428. 
     3. In North Carolina; 1 M'Cord, R. 580; 2 Dev. R. 30; 3 Dev. R. 59; and 
in Pennsylvania; 2 Binn. R. 75; 14 S. & R. 71; the navigability of a river 
does not depend upon the ebb and flow of the tide, but a stream navigable by 
sea vessels is a navigable river. 
     4. By the common law, such rivers as are navigable in the popular sense 
of the word, whether the tide ebb and flow in them or not, are public 
highways. Ang. Tide Wat. 62; Ang. Wat. Courses, 205 1 Pick. 180; 5 Pick. 
199; 1 Halst. 1; 4 Call, 441: 3 Blackf. 136. Vide Arm of the sea; Reliction; 
River. 

NAVIGATION. The act of traversing the sea, rivers or lakes, in ships or 
other vessels; the art of ascertaining the geographical position of a ship, 
and directing her course. 
     2. It is not within the plan of this work to copy the acts of congress 
relating to navigation, or even an abstract of them. The reader is referred 
to Story's L. U. S. Index, h.t.; Gordon's Dic. art. 2905, et seq. 

NAVY. The whole shippings taken collectively, belonging to the government of 
an independent nation; the ships belonging to private individuals are not 
included in the navy. 
     2. The constitution of the United States, art. 1, s. 8, vests in 
congress the power to provide and maintain a navy." 
     3. Anterior to the war of 1812, the navy of the United States bad been 
much neglected, and it was not until during the late war, when it fought 
itself into notice, that the public attention was seriously attracted to it. 
Some legislation favorable to it, then took place. 
     4. The act of January 2, 1813, 2 Story's L. U. S. 1282, authorized the 
president of the United States, as soon as suitable materials could be 
procured therefor, to cause to be built, equipped and employed, four ships 
to rate not less than seventy-four guns, and six ships to rate forty-four 
guns each. The sum of two millions five hundred thousand dollars is 
appropriated for the purpose. 
     5. And by the act of March 3, 1813, 2 Story, L. U. S. 1313, the 
president is further authorized to have built six sloops of war, and to have 
built or procured such a number of sloops of war or other armed vessels, as 
the public service may require on the lakes. The sum of nine hundred 
thousand dollars is appropriated for this purpose, and to pay two hundred 
thousand dollars for vessels already procured on the lakes. 
     6. The act of March 3, 1815, 2 Story, L. U. S. 1511, appropriates the 
sum of two hundred thousand dollars annually for three years, towards the 
purchase of a stock of materials for ship building. 
     7. The act of April 29, 1816, may be said to have been the first that 
manifested the fostering care of congress. By, this act the sum of one 
million of dollars per annum for eight years, including the sum of two 
hundred thousand dollars per annum appropriated by the act of March 3, 1815, 
is appropriated. And the president is authorized to cause to be built nine 
ships, to rate not less than seventy-four guns each, and twelve ships to 
rate not less than forty-four guns each, including one seventy-four and 
three forty-four gun ships, authorized to be built by the act of January 2d, 
1813. The third section of this act authorizes the president to procure 
steam engines and all the imperishable materials for building three steam 
batteries. 
     8. The act of March 3, 1821, 3 Story's L. U. S. 1820, repeals the first 
section of the act of the 29th April, 1816, and instead of the appropriation 
therein contained, appropriates the sum of five hundred thousand dollars per 
annum for six years, from the year 1821 inclusive, to be applied to carry 
into effect the purposes of the said act. 
     9. To repress piracy in the gulf of Mexico, the Act of 22d December, 
1822, was passed, 3 St. L. U. S. 1873. It authorizes the president to 
purchase or construct a sufficient number of vessels to repress piracy in 
that gulf and the adjoining seas and territories. It appropriates one 
hundred and sixty thousand dollars for the purpose. 
    10. The act of May 17, 1826, authorizes the suspension of the building 
of one of the ships above authorized to be built, and authorizes the 
president to purchase a ship of not less than the smallest class authorized 
to be built by the act of 29th April, 1816. 
    11. The act of March 3, 1827, 3 St. L. U. S. 2070, appropriates five 
hundred thousand dollars per annum for six years for the gradual improvement 
of the navy of the United States, and authorizes the president to procure 
materials for ship building. A further appropriation is made by the act of 
March 2, 1833, 4 Sharsw. con. of St. L. U. S. 2346, of five hundred thousand 
dollars annually for six years from and after, the third of March, 1833, for 
the gradual improvement of the navy of the United States; and the president 
is authorized to cause the above mentioned appropriation to be applied as 
directed by the act of March 3, 1827. 
    12. For the rules and regulations of the navy of the United States, the 
reader is referred to the act "for the better government of the navy of the 
United States." 1 St. L. U. S. 761. Vide article Names of Ships. 

NE DISTURBA PAS, pleading. The general issue in quare impedit. Hob. 162 Vide 
Rast, 517; Winch. Ent. 703. 

NE BAILA PAS. He did not deliver. This is a plea in detinue, by which the 
defendant denies the delivery to him of the thing sued for. 

NE DONA PAS, or NON DEDIT, pleading. The general issue in formedon; and is 
in the following formula: "And the said C D, by J K, his attorney, comes and 
defends the right, when, &c., and says, that the said E F did not give the 
said manor, with the appurtenances, or ally part thereof, to the said G B, 
and the heirs of his body issuing, in manner and form as the said A B hath 
in his count above alleged.' And of this the said C D puts himself upon the 
country." 10 Went. 182. 

NE EXEAT REPUBLICA, practice. The name of a writ issued by a court of 
chancery, directed to the sheriff, reciting that the defendant in the case 
is indebted to the a complainant, and, that he designs going quickly into 
parts without the state, to the damage of the complainant, and then 
commanding him to cause the defendant to give bail in a certain sum that he 
will not leave the state without leave of the court, and for want of such 
bail that he the sheriff, do commit the defendant to prison. 
     2. This writ is used to prevent debtors from escaping from their 
creditors. It amounts in ordinary civil cases, to nothing more than process 
to hold to bail, or to compel a party to give security to abide the decree 
to be made in his case. 2 Kent, Com. 32 1 Clarke, R. 551,; Beames' Ne Excat; 
13 Vin. Ab. 537; 1 Supp to Ves. jr. 33, 352, 467; 4 Ves. 577 5 Ves. 91; Bac. 
Ab. Prerogative, C; 8 Com. Dig. 232; 1 Bl. Com. 138 Blake's Ch. Pr. Index, 
h.t.; Madd. Ch. Pr. Index, h.t.; 1 Smith's Ch. Pr. 576; Story's Eq. Index, 
h.t. 
     3. The subject may be considered under the following heads. 
     4.-1. Against whom a writ of ne exect may be issued. It may be issued 
against foreigners subject to the jurisdiction of the court, citizens of the 
same state, or of another state, when it appears by a positive affidavit 
that the defendant is about to leave the state, or has threatened to do so, 
and that the debt would be lost or endangered by his departure. 3 Johns. Ch. 
R. 75, 412; 7 Johns. Ch. R. 192; 1 Hopk. Ch. R. 499. On the same principle 
which has been adopted in the courts of law that a defendant could not be 
held to bail twice for the same cause of action, it has been decided that a 
writ of ne exeat was not properly issued against a defendant who had been 
held to bail in an action at law. 8 Ves. jr. 594. 
     5.-2. For what claims. This writ can be issued only. for equitable 
demands. 4 Desaus. R. 108; 1 Johns. Ch. R. 2; 6 Johns. Ch. R. 138; 1 Hopk. 
Ch. R. 499. It may be allowed in a case to prevent the failure of justice. 2 
Johns. Chanc. Rep. 191. When the demand is strictly legal, it cannot be 
issued, because the court has no jurisdiction. When the court has concurrent 
jurisdiction with the courts of common law, the writ may, in such case, 
issue, unless the party has been already arrested at law. 2 Johns. Ch. R. 
170. In all cases, when a writ of Be exeat is claimed, the plaintiff's 
equity must appear on the face of the bill. 3 Johns. Ch. R. 414. 
     6.-3. The amount of bail. The amount of bail is assessed by the court 
itself and a sum is usually directed sufficient to cover the existing debt, 
and a reasonable amount of future interest, having regard to the probable 
duration of the suit. 1 Hopk. Ch. R. 501. 

NE LUMINIBUS OFFICIATOR, civil law. The name of a servitude which restrains 
the owner of a house from making such erections as obstruct the light of the 
adjoining house. Dig. 8, 4, 15, 17. 

NE RECIPIATUR. That it be not received. A caveat or words of caution given 
to a law officer, by a party in a cause, not to receive the next proceedings 
of his opponent. 1 Sell. Br. 7. 

NE RELESSA PAS. The name of a replication to a plea, of release, by which 
the plaintiff insists he did not release. 2 Bulst. 55. 

NE UNJUSTE VEXES, old Eng. law. The name of a writ which issued to relieve 
a tenant upon, whom his lord had distrained for more services than he was 
bound to perform. 
     2. It was a prohibition to the lord, not unjustly to distrain or vex 
his tenant. F. N. B. h.t. 

NE UNQUES ACCOUPLE, pleading. A plea by which the party denies that he ever 
was lawfully married to the person to whom it refers. See the form, 2 Wils. 
R. 118; Morg. 582; 10 Went. Prec. Pl. 158; 211 Bl. 145; 3 Chit. PI. 599. 

NE UNQUES EXECUTOR, pleading. A plea by which the party who uses it denies 
that the plaintiff is an executor, as he claims to be; or that the defendant 
is executor, as the plaintiff in his declaration charges him to be. 1 Chit. 
Pl. 484; 1 Saund. 274, n. 3; Coin. Dig. Pleader, 2 D, 2 2 Chit. PI. 498. 

NE UNQUES SEISIE QUIZ DOWER, pleading. A plea by which a defendant denies 
the right of a widow who sues for, and demands her dower in lands, &c., late 
of her husband, because the husband was not, on the day of her marriage with 
him, or any time afterwards, seised of such estate, so that she could be 
endowed of the game. See 2 Saund. 329; 10 Went. 159; 3 Chitt. Pl. 598, and 
the authorities there cited. 

NE UNQUES SON RECEIVER, pleading. The name of a plea in an action of account 
render, by which the defendant affirms that he never was receiver of the 
plaintiff. 12 Vin. Ab. 183. 

NE VARIETUR. These words, which literally signify that it be not varied or 
changed, are sometimes written by notaries public upon bills or notes, for 
the purpose of identifying them. This does not destroy their negotiability. 
8 Wheat. 338. 

NEAT or NET, contracts. The exact weight of an article, without the bag, 
box, keg, or other thing in which it may be enveloped. 

NEATNESS, pleading. The statement, in apt and appropriate words, of all the 
necessary facts, and ne more. Lawes on Pl. 62. 

NECESSARIES. Such things as are proper and requisite for the sustenance of 
man. 
     2. The term necessaries is not confined merely to what is requisite 
barely to support life, but includes many of the conveniences of refined 
society. It is a relative term, which must be applied to the circumstances 
and conditions of the parties. 7 S. & R. 247. Ornaments and superfluities of 
dress, such as are usually worn by the party's rank and situation in life, 
have been classed among necessaries. 1 Campb. R. 120; 7 C. & P. 52; 1 
Hodges, R. 31; 8 T. R. 578; 3 Campb. 326; 1 Leigh's N. P. 135. 
     3. Persons incapable of making contracts generally, may, nevertheless, 
make legal engagements for necessaries for which they, or those bound to 
support them, will be held responsible. The classes of persons who, although 
not bound by their usual contracts, can bind themselves or others for 
necessaries, are infants and married women. 
     4.-1. Infants are allowed to make binding contracts whenever it is 
for their interest; when, therefore, they are unprovided with necessaries, 
which, Lord Coke says, include victuals, clothing, medical aid, and "good 
teaching and instruction, whereby he may profit himself afterwards," they 
may buy them, and their contracts will be binding. Co. Litt. 172 a. 
Necessaries for the infant's wife &lad children, are necessaries for 
himself. Str. 168; Com. Dig. Enfant, B 5; 1 Sid. 112 2 Stark. Ev. 725; 8 
Day, 37 1 Bibb, 519; 2 Nott & McC. 524; 9 John. R. 141.; 16 Mass. 31; Bac. 
Ab. Infancy, I. 
     5.-2. A wife is allowed to make contracts for necessaries, and her 
husband is generally responsible upon them, because his assent is presumed, 
and even if notice be given not to trust her, still he would be liable for 
all such necessaries as she stood in need of; but in this case, the creditor 
would be required to show she did stand in need of the articles furnished. 1 
Salk. 118 Ld. Raym. 1006. But if the wife elopes, though it be not with an 
adulterer, ho is not chargeable even for necessaries; the very fact of the 
slopement and 'Separation, is sufficient to put persons on inquiry, and 
whoever gives credit to the wife afterwards, gives it at his peril. 1 Salk. 
119; Str. 647; 1 Sid. 109; S. C. 1 Lec. 4; 12 John. R. 293; 3 Pick. R. 289; 
2 Halst. 146; 11 John. R. 281; 2 Kent, Com. 123; 2 St. Ev. 696; Bac. Ab. 
Baron and Feme, H; Chit. Contr. Index, h.t.; 1 Hare & Wall. Sel. Dec. 104, 
106; Ham. on Parties, 217. 

NECESSARY AND PROPER. The Constitution of the United States, art. 1, s. 8, 
vests in congress the power "to make all laws, which shall be necessary and 
proper, for carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the government of the United States, 
in any department or officer thereof." 
     2. This power bas ever been viewed with perhaps unfounded jealousy and 
distrust. is a power expressly given, which, without this clause, would, be 
implied. The plain import of the clause is, that congress shall have all 
incidental and instrumental powers, necessary and proper to carry into 
execution all the express powers. It neither enlarges any power, 
specifically granted, nor is it a grant of any new power to congress. It is 
merely a declaration for the removal of all uncertainty, that the means of 
carrying into execution those already granted, are included in the grant. 
     3. Some controversy has taken place as to what is to be considered 
"necessary." It has been contended that by this must be understood what is 
indispensable; but it is obvious the term necessary means no more than 
useful, needful, requisite, incidental, or conducive to. It is in this sense 
the word appears to have been used, when connected with the word "proper." 4 
Wheat. 418-420; 3 Story, Const. Sec. 1231 to 1253. 

NECESSARY INTROMISSION, Scotch law. When the husband or wife continues, 
after the decease of his or her companion in possession of the decedent's 
goods, for their preservation. 

NECESSITY. In general, whatever makes the contrary of a thing impossible, 
whatever may be the cause of such impossibilities, 
     2. Whatever is done through necessity, is done without any intention, 
and as the act is done without will, (q.v.) and is compulsory, the agent is 
not legally responsible. Bac. Max. Reg. 5. Hence the maxim, necessity has no 
law; indeed necessity is itself a law which cannot be avoided nor infringed. 
Clef des Lois Rom. h.t.; Dig 10, 3, 10, 1; Com. Dig. Pleader, 3 M 20, 3 M 
30. 
     3. It follows, then, that the acts of a man in violation of law., or to 
the injury of another, may be justified by necessity, because the actor has 
no will to do or not to do the thing, he is a mere tool; but, it is 
conceived, this necessity must be absolute and irresistible, in fact, or so 
presumed in point of law. 
     4. The cases which are justified by necessity, may be classed as 
follows: 
     I. For the preservation of life; as if two persons are on the same 
plank, and one must perish, the survivor is justified in having thrown off 
the other, who was thereby drowned. Bac. Max, Reg. 5. 
     5.-2. Obedience by a person subject to the power of another; for 
example, if a wife should commit a larceny with her husband, in this case 
the law presumes she acted by coercion of her husband, and, being compelled, 
by necessity, she is justifiable. 1 Russ. Cr. 16, 20; Bac. Max. Reg. 5. 
     6.-3. Those cases which arise from the act of God, or inevitable 
accident, or from the act of man, as public enemies. Vide Act of God; 
Inevitable Accident and also 15 Vin. Ab. 534 Dane's Ab h.t.; 2 Stark. Ev. 
713; Marsh. Ins. b. 1, c. 6, s. 3 Jacob's Intr. to. Com. Law. Reg. 74. 
     7.-4. There is another species of necessity. The actor in these cases 
is not compelled to do the act whether he will or not, but he has no choice 
left but to do the act which may be injurious to another, or to lose the 
total use of his property. For example, when a man's lands are surrounded by 
those of others, so that he cannot enjoy them without trespassing on his 
neighbors. The way which is thus obtained, is called a way of necessity. 
Gale and Whatley on Easements, 71; 11 Co. 52; Hob. 234; 1 Saund. 323, note. 
See 3 Rawle, R. 495; 3 M'Cord, R. 131; Id. 170; 14 Mass. R. 56; 2 B. & C. 
96; 2 Bing. R. 76; 8 T. R. 50; Cro. Jac. 170; 2 Roll. Ab. 60; 3 Kent, Com. 
423; 3 Rawle's R. 492; 1 Taunt. R. 279; 8 Taunt. R. 24; ST. R. 50; Ham. N. 
P. 198; Cro. Jac. 170; 2 Bouv. Inst. n. 1637; and Way. 

NEGATION. Denial. Two negations are construed to mean one affirmation. Dig. 
50, 16, 137. 

NEGATIVE. This word has several significations. 1. It is used in 
contradistinction to giving assent; thus we say the president has put his 
negative upon such a bill. Vide Veto. 2. It is also used in 
contradistinction to affirmative; as, a negative does not always admit of 
the simple and direct proof of which an affirmative is capable. When a party 
affirms a negative in his pleadings, and without the establishment of which, 
by evidence, he cannot recover or defend himself, the burden of the proof 
lies upon him, and he must prove the negative. 8 Toull. n. 18. Vide 2 Gall. 
Rep. 485; 1 McCord, R. 573; 11 John. R. 513; 19 John. R. 345; 1 Pick. R. 
375; Gilb. Ev. 145; 1 Stark. Ev. 376; Bull. N. P. 298; 15 Vin. Ab. 540; Bac. 
Ab. Pleas, &c. I. 
    202. Although as a general rule the affirmative of every issue must be 
proved, yet this rule ceases to operate the moment the presumption of law is 
thrown into the other scale. When the issue is on the legitimacy of a child, 
therefore, it is incumbent on the party asserting the illegitimacy to prove 
it. 2 Selw. N. P. 709. Vide Affirmative Innocence. 

NEGATIVE AVERMENT, pleading, evidence. An averment in some of the pleadings 
in a case in which a negative is asserted. 
     2. It is a general rule, established for the purpose of shortening and 
facilitating investigations, that the point in issue is to be proved by the 
party who asserts the affirmative; 1 Phil. Ev. 184; Bull N. P. 298; but as 
this rule is not founded on any presumption of law in favor of the party, 
but is merely a rule of practice and convenience, it, ceases in all cases 
when the presumption of law is thrown into the opposite scale. Gilb. Ev. 
145. For example, when the issue is on the legitimacy of a child born in 
lawful wedlock, it is, incumbent on the party asserting its illegitimacy to 
prove it. 2 Selw. N. P. 709. 
     3. Upon the same principle, when, the negative averment involves a 
charge of criminal neglect of duty, whether official or otherwise, it must 
be proved, for the law presumes every man to perform the duties which it 
imposes. 2 Gall. R. 498; 19 John. R. 345; 10 East, R. 211; 3 B. & P. 302; 3 
East, R. 192; 1 Mass. R. 54; 3 Campb. R. 10; Greenl. Ev. SS 80; 3 Bouv. 
Inst. n. 3089. Vide Onus Probandi. 

NEGATIVE CONDITION, contracts, wills. One where the thing which is the 
subject of it must not happen; as, if I do not marry. Poth. Ob. n. 200; 1 
Bouv. Inst. n. 751. 

NEGATIVE PREGNANT, pleading. Such form of negative expression, in pleading, 
as may imply or carry within it an affirmative. 
     2. This is faulty, because the meaning of such form of expression is 
ambiguous. Example: in trespass for entering the plaintiff's house, the 
defendant pleaded, that the plaintiff's daughter gave him license to do so; 
and that he entered by that license. The plaintiff replied that he did not 
enter by her license. This was considered as a negative pregnant and it was 
held the plaintiff should have traversed the entry by itself, or the license 
by itself, and not both together. Cro. Jac. 87. 
     3. It may be observed that this form of traverse may imply; or carry 
within it, that the license was given, though the defendant did not enter by 
that license. It is therefore in the language of pleading said to be 
pregnant with the admission, namely, that a license was given: at the same 
time, the license is not expressly admitted, and the effect therefore is, to 
leave it in doubt whether the plaintiff means to deny the license, or to 
deny, that the defendant entered by virtue of that license. It is this 
ambiguity which appears to constitute the fault. 28 H. VI. 7; Hob. 295; 
Style's Pr. Reg. Negative Pregnant. Steph. PI. 381; Gourd, Pl. c. 6, Sec. 
29-37. 
     4. This rule, however, against a negative pregnant, appears, in modern 
times at least, to have received no very strict construction; for many cases 
have occurred in which, upon various grounds of distinction from the general 
rule, that form of expression has been free from objection. See several 
instances in Com. Dig. Pleader, R. 6; 1 Lev. 88; Steph. Pl. 383. Vide Arch. 
Civ. PI. 218; Doct. Pl. 817; Lawe's Civ. Pl. 114; Gould, Pl. c. 6, 36. 

NEGATIVE STATUTE. One which is enacted in negative terms, and which so 
controls the common law, that it has no force in opposition to the statute. 
Bro. Parl. pl. 72; Bac. Ab. Statutes, G. 

NEGLIGENCE, contracts, torts. When considered in relation, to contracts, 
negligence may be divided into various degrees, namely, ordinary, less than 
ordinary, more than ordinary. 1 Miles' Rep. 40. 
     2. Ordinary negligence is the want of ordinary diligence; slight or 
less than ordinary negligence, is, the want of great diligence; and gross 
or more than ordinary negligence, is the want of slight diligence. 
     3. Three great principles of responsibility, seem naturally to follow 
this division. 
     4.-1. In those contracts which are made for the sole benefit of the 
creditor, the debtor is responsible only for gross negligence, good faith 
alone being required of him; as in tile case of a depositary, who is a 
bailee without reward; Story, Bailm. 62; Dane's Ab. c. 17, a, 2; 14 Serg. & 
Rawle, 275; but to this general rule, Pothier makes two exceptions. The 
first, in relation to the contract of a mandate, and the second, to the 
quasi contract negotiorum gestorum; in these cases, he says, the party 
undertaking to perform these engagements, is bound to use necessary care. 
Observation Generale, printed at the end of the Traite des Obligations. 
     5.-2. In those contracts which are for the reciprocal benefit of both 
parties, such as those of sale, of hiring, of pledge, and the like, the 
party is bound to take, for the object of the contract, that care which a 
prudent man ordinarily takes of his affairs, and he will therefore be held 
responsible for ordinary neglect. Jones' Bailment, 10, 119; 2 Lord Raym. 
909; Story, Bailm. Sec. 23; Pothier, Obs. Gener. ubi supra. 
     6.-3. In those contracts made for the sole interest of the party who 
has received, and is to return the thing which is the object of the 
contract, such, for example, as loan for use, or commodatum, the slightest 
negligence will make him responsible. Jones' Bailm. 64, 65; Story's Bailm. 
Sec. 237; Pothier, Obs. Gen. ubi supra. 
     7. In general, a party who has caused an injury or loss to another in 
consequence of his negligence, is responsible for all the consequence. Hob. 
134; 3 Wils. 126; 1  Chit. TI. 129, 130; 2 Hen. & Munf. 423; 1 Str. 596; 3 
East, R. 596. An example of this kind may be found in the case of a person 
who drives his carriage during a dark night on the wrong side of the road, 
by which he commits an injury to another. 3 East, R. 593; 1 Campb. R. 497; 2 
Cam b. 466; 2 New Rep. 119. Vide Gale and Whatley on Easements, Index, h.t.;
6 T. R. 659; 1 East, R. 106; 4 B. & A; 590; S. C. 6 E. C. L. R. 628; 1 
Taunt. 568; 2 Stark. R. 272; 2 Bing. R. 170; 5 Esp. R. 35, 263; 5 B. & C. 
550. Whether the incautious conduct of the plaintiff will excuse the 
negligence of the defendant, see 1 Q. B. 29; 4 P. & D. 642; 3 M. Lyr. & Sc. 
9; Fault. 
     8. When the law imposes a duty on an officer, whether it be by common 
law or statute, and he neglects to perform it, he may be indicted for such 
neglect; 1 Salk. R. 380; 6 Mod, R. 96; and in some cases such neglect will 
amount to a forfeiture of the office. 4 Bl. Com. 140. See Bouv. Inst. Index, 
h.t. 

NEGLIGENT ESCAPE. The omission to take such a care of a prisoner as a gaoler 
is bound to take, and in consequence of it, the prisoner departs from his 
confinement, without the knowledge or consent of the gaoler, and eludes 
pursuit. 
     2. For a negligent escape, the sheriff or keeper of the prison is 
liable to punishment in a criminal case; and in a civil case, be is liable 
to an action for damages at the suit of the plaintiff. In both cases, the 
prisoner may be retaken. 3 Bl. Com. 415. 

NEGOTIABLE. That which is capable of being transferred by assignment; a 
thing, the title to which may be transferred by a sale and indorsement or 
delivery. 
     2. A chose in action was not assignable at common law, and therefore 
contracts or agreements could not be negotiated. But exceptions have been 
allowed to this rule in relation to simple contracts, and others have been 
introduced by legislative acts. So that, now, bills of exchange, promissory 
notes, bills of lading, bank notes, payable to order, or to bearer, and, in 
some states, bonds and other specialties, may be transferred by assignment, 
indorsement, or by delivery, when the instrument is payable to bearer. 
     3. When a claim is assigned which is not negotiable at law, such, for 
example, as a book debt, the title to it remains at law in the assigner, but 
the assignee is entitled to it in equity, and he may therefore recover it in 
the assignor's name. See, generally, Hare & Wall. Sel. Dec. 158 to 194 
Negotiable paper. 

NEGOTIABLE PAPER, contracts. This term is applied to bills of exchange and 
promissory notes, which are assignable by indorsement or delivery. 
     2. The statute of 3 & 4 Anne (the principles of which have been 
generally adopted in this country, either formally, or in effect,) made 
promissory notes payable to a person, or to his order, or bearer, negotiable 
like inland bills, according to the custom of merchants. 
     3. This negotiable quality transfers the debt from the party to whom it 
was originally owing, to the holder, when the instrument is properly 
indorsed, so as to enable the latter to sue in his own name, both the maker 
of a promissory note, or the acceptor of a bill of exchange, and the other 
parties to such instruments, such as the drawer of a bill, and the indorser 
of a bill or note, unless the holder has been guilty of laches in giving the 
required notice of non-acceptance or non-payment. But in order to make paper 
negotiable, it is essential that it be payable in money only, at all events, 
and not out of a particular fund. 1 Cowen, 691; 6 Cowen, 108; 2 Whart. 233; 
1 Bibb, 490, 503; 1 Ham. 272; 3 J. J. Marsh, 174, 542; 3 Halst. 262; 4 
Blackf. 47; 6 J. J. Marsh, 170; 4 Mont. 124. See 1 W. C. C. R. 512; 1 Miles, 
294; 6 Munf. 3; 10 S. & R. 94; 4 Watts, 400; 4 Whart. R. 252; 9 John. 120; 
19 John. 144; 11 Vern. 268; 21 Pick. 140. Vide Promissory note. Vide 3 Kent. 
Com. Lecture 44; Com. Dig. Merchant, F 15, 16; 2 Hill, R. 59; 13 East, 509; 
3 B. & C. 47; 7 Bing. 284; 5 T. R. 683; 7 Taunt. 265, 278; 3 Burr. 1516 6 
Cowen, 151. 
     4. To render a bill or note negotiable, it must be payable to order, or 
to bearer. When it is payable "to A B only," it cannot be negotiated so as 
to give the indorsee a claim against any one but his indorser. Dougl. 615. 
An indorsement to A B, without adding "or order," is not restrictive to A B 
alone, he may, therefore, assign it to another; Str. 557; or he may indorse 
it in blank, when any attempt, afterwards, to restrain its negotiability 
will be unavailing. Esp. N. P. Cas. 180; 1 Bl. Rep. 295. Vide Blank 
Indorsement; Indorsement. 

NEGOTIATION, contracts The deliberation which takes place between the 
parties touching a proposed agreement. 
     2. That which transpires in the negotiation makes no part of the 
agreement, unless introduced into it. It is a general rule that no evidence 
can be given to add, diminish, contradict or alter a written instrument. 1 
Dall. 426; 4 Dall. 340; 3 S. & R. 609; 7 S. & R. 114. See Pourparler 

NEGOTIATION, merc. law. The act by which a bill of exchange or promissory 
note is put into circulation by being passed by one of the original parties 
to another person. 
     2. Until an accommodation bill or note has been negotiated, there is no 
contract which can be enforced on the note: the contract, either express or 
implied, that the party accommodated will indemnify the other, is, till 
then, conditional. 2 Man. & Gr. 911. 

NEGOTIORUM GESTOR, contracts. In the civil law, the negotiorum gestor is one 
who spontaneously, and without authority, undertakes to act for another 
during his absence, in his affairs. 
     2. In cases of this sort, as he acts wholly without authority, there 
can, strictly speaking, be no contract, but the civil law raises a quasi 
mandate by implication, for the benefit of the owner in many such cases. 
Poth. App. Negot. Gest. Mandat, n. 167, &c.; Dig. 3, 5, 1, 9; Code, 2, 19, 
2. 
     3. Nor is an implication of this sort wholly unknown to the common 
law., where there has been a subsequent ratification of acts of this kind by 
the owner; and sometimes, when unauthorized acts are done, positive 
presumptions are made by law for the benefit of particular, parties. For 
example, if a person enters upon a minor's lands, and takes the profit's, 
the law will oblige him to account to the minor for the profits, as his 
bailiff, in many cases. Dane's Abr. ch. 8, art. 2; SS 10; Bac. Abr. Account 
1; Com. Dig. Accompt, A 3. 
     4. There is a case which has undergone decisions in our law, which 
approaches very near to that of negotionum gestorum. A master bad 
gratuitously taken charge of, and received on board of his vessel a box, 
containing doubloons and other valuables, belonging to a passenger, who was 
to have worked his passage, but was accidentally left behind. During the 
voyage, the master opened the box, in the presence of the passengers, to 
ascertain its contents, and whether there were contraband goods in it; and 
he took out the contents and lodged them in a bag in his own chest in his 
cabin, where his own valuables were kept. After his arrival in port, the bag 
was missing. The master was held responsible for the loss, on the ground 
that he had imposed on himself the duty of carefully guarding against all 
peril to which the property was exposed by means of the alteration in the 
place of custody, although as a bailee without hire, he might not otherwise 
have been bound to take more than a prudent care of them; and that he had 
been guilty of negligence in guarding the goods. 1 Stark. R. 237. See Story, 
Bailm. Sec. 189; Story, Agency, Sec. 142; Poth. Pand. 1. 3, t. 5, n. 1 to 
L4; Poth. Ob. n. 113; 2 Kent, Com. 616, 3d ed; Ersk. Inst. B. 1, t. 3, SS 
52; Stair, Inst. by Brodie, B. l, t. 8, Sec. 3 to 6. 

NEIF, old Eng. law. A woman who was born a villain, or a bond woman. 

NEMINE CONTRADICENTE, legislation. These words, usually abbreviated nem. 
con., are used to signify the unanimous consent of the house to which they 
are applied. In England they are used in the house of commons; in the house 
of lords, the words to convey the same idea are nemine dissentiente. 

NEPHEW, dom. rel. The son of a person's brother or sister. Amb. 514; 1 
Jacob's Ch. R. 207. 

NEPOS. A grandson. This term is used in making genealogical tables. 

NEUTRAL PROPERTY, insurance. The words "neutral property" in a policy of 
insurance, have the effect of warranting that the property insured is 
neutral; that is, that it belongs to the citizens or subjects of a state in 
amity with the belligerent powers. 
     2. This neutrality must be complete hence the property of a citizen or 
subject of a neutral state, domiciled in the dominions of one of the 
belligerents, and carrying on commerce there, is not neutral property; for 
though such person continue to owe allegiance to his country, and may at any 
time by returning there recover all the privileges of a citizen or subject 
of that country; yet while he resides in the dominion of a belligerent he 
contributes to the wealth and strength of such belligerent, and is not 
therefore entitled to the protection of a neutral flag; and his property is 
deemed enemy's property, and liable to capture, as such by the other 
belligerent. Marsh. Ins. B. 1, c. 9, s. 6; l John. Cas. 363; 3 Bos. & Pull. 
207, u. 4; Esp. R. 108; l Caines' R. 60; 16 Johns. R. 128. See also 2 Johns. 
Cas. 478; 1 Caines' C. Err. xxv.; l Johns. Cas. 360; 2 Johns. Cas. 191. 
     3. If the warranty of neutrality be false at the time, it is made, the 
policy will be void ab initio. But if the 'ship, and property are neutral at 
the time when the risk commences, this is a sufficient compliance with a 
warranty of neutral property, and a subsequent declaration of war will not 
be a breach of it. Dougl. 705. See 1 Binn. 293; 8 Mass. 308; 14 Johns. R. 
308; 5 Binn. 464; 2 Serg. & Rawle, 119; 4 Cranch, 185; 7 Cranch, 506; 2 
Dall. 274. 

NEUTRALITY, international law. The state of a nation which takes no part 
between two or more other. nations at war with each other. 
     2. Neutrality consists in the observance of a strict and honest 
impartiality, so as not to afford advantage in the war to either party; and 
particularly in so far restraining its trade to the accustomed course, which 
is held in time of peace, as not to render assistance to one of the 
belligerents in escaping the effects of the other's hostilities Even a loan 
of money to one of the belligerent parties is considered a violation of 
neutrality. 9 Moore's Rep. 586. A fraudulent neutrality is considered as no 
neutrality. 
     3. In policies of insurance there is frequently a warranty of 
neutrality. The meaning of this warranty is, that the property insured is 
neutral in fact, and it shall be so in appearance and conduct; that the 
property does belong to neutrals; that it is or shall be documented so as to 
prove its neutrality, and that no act of the insured or his agents shall be 
done which can legally compromise its neutrality. 3 Wash. C. C. R. 117. See 
1 Caines, 548; 2 S. & R. 119; Bee, R. 5; 7 Wheat. 471; 9 Cranch, 205; 2 
John. Cas. 180; 2 Dall. 270; 1 Gallis. 274; Bee, R. 67. 
     4. The violation of neutrality by citizens of the United States, 
contrary to the provisions of the act of congress of April 20, 1818, Sec. 3, 
renders the individual liable to an indictment. One fitting out and arming a 
vessel in the United States, to commit hostilities against a foreign power 
at peace with them, is therefore indictable. 6 Pet. 445; Pet. C. C. R. 487. 
Vide Marsh. Ins. 384 a; Park's Ins. 'Index, h.t.; 1 Kent, Com. 116; 
Burlamaqui, pt. 4, c. 5, s. 16 & 17; Bunk. lib. 1, c. 9; Cobbett's 
Parliamentary Debates; 406; Chitty, Law of Nat., Index, h.t.; Mann. Comm. 
B. 3, c. 1; Vattel, 1. 3, c. 7, SS 104; Martens, Precis. liv. 8, c. 7, SS 
306; Bouch. Inst. n. 1826-1831. 

NEW. Something not known before.
     2. To be patented, an invention must be new. When an invention has been 
described in a printed book which has been publicly circulated, and 
afterwards a person takes out a patent for it, his patent is invalid, 
because the invention was not new, 7 Mann' & Gr. 818. See New and Useful 
Invention. 

NEW AND USEFUL INVENTION. This phrase is used in the act of congress 
relating to granting patents for inventions. 
     2. The invention to be patented must not only be new, but useful; that 
is, useful in contradistinction to frivolous or mischievous inventions. It 
is not meant that the invention should in all cases be superior to the modes 
now in use for the same purposes. 1 Mason's C. C. R. 182; 1 Mason's C. C. R. 
302; 4 Wash. C. C. R. 9: 1 Pet. C, C. R. 480, 481; 1 Paine's C. C. R. 203; 3 
Mann. Gr. & Scott, 425. The law as to the usefulness of the invention is the 
same in France. Renouard, c. 5, s. 16, n. 1, page 177. 

NEW FOR OLD. A term used in the law of insurance in cases of adjustment of a 
loss, when it has been but partial. In making such adjustment the rule is to 
apply the old materials towards the payment of the new, by deducting the 
value of them from the gross amount of the expenses for repairs, and to 
allow the deduction of one-third new for old upon the balance. See 1 Cowen, 
265; 4 Cowen, 245; 4 Ohio, 284; 7 Pick. 259; 14 Pick. 141. 

NEW or NOVEL ASSIGNMENT, pleading. Declarations are conceived in very 
general terms, and sometimes, from the nature of the action, are so framed 
as to be capable of covering several injuries. The effect of this is, that, 
in some cases, the defendant is not sufficiently guided by the declaration 
to the real cause of complaint; and is, therefore, led to apply his answer 
to a different matter from that which the plaintiff has in view. For 
example, it may happen that the plaintiff has, been twice assaulted by the 
defendant, and one of the assaults is justifiable, being in self-defence, 
while the other may have been committed without legal excuse. Supposing the 
plaintiff to bring an action for the latter; from the generality of the 
statement in the declaration, the defendant is not informed to which of the 
two assaults the plaintiff means to refer. The defendant may, therefore, 
suppose, or affect to suppose, that the first is the assault intended, and 
will plead son assault demesne. This plea the plaintiff cannot safely 
traverse, because an assault was in fact committed by the defendant, under 
the, circumstances of excuse here alleged; the defendant would have a right 
under the issue joined upon such traverse, to prove these circumstances, and 
to presume that such assault, and no other, was the cause of action. The 
plaintiff, therefore, in the supposed case, not being able safely to 
traverse, and having no ground either for demurrer, or for pleading in 
confession and avoidance, has no course, but, by a new pleading, to correct 
the mistake occasioned by the generality of the declaration, and to declare 
that he brought his action not for the first but for the second assault and 
this is called a new assignment. Steph. PI. 241-243. 
     2. As the object of a new assignment is to correct a mistake occasioned 
by the generality of the declaration, it always occurs in answer to a plea, 
and is therefore in the nature of a replication. It is not used in any other 
part of the pleading. 
     3. Several new assignments may occur in the course of the same series 
of pleading. 
     4. Thus in the above example, if it be supposed that three distinct 
assaults had been committed, two of which were justifiable, the defendant 
might plead as above to the declaration, and 'then, by way of plea to the 
new assignment,, he might again justify, in the same manner, another 
assault; upon which it would be necessary for the plaintiff to new-assign a 
third; and this upon the first principle by which the first new assignment 
was required. 1 Chit. PI. 614; 1 Saund. 299 c. 
     5. A new assignment is said to be in the nature of a new declaration. 
Bac. Abr. Trespass I, 4, 2; 1 Saund. 299 c. It seems, however, more properly 
considered as a repetition of the declaration; 1 Chit. PI. 602; differing 
only in this, that it distinguishes the true ground of complaint, as being 
different from that which is covered by the plea. Being in the nature of a 
new or repeated declaration, it is consequently to be framed with as much 
certainty or specification of circumstances, as the declaration itself. In 
some cases, indeed, it should be even more particular. Bac. Abr. Trespass, I 
4, 2; 1 Chitt. Pl. 610; Steph. Pl. 245. See 3 Bl. Com. 311; Arch. Civ. 318; 
Lawes' Civ. PI. Pl. 286; Doct. Pl. 318; Lawes' Civ. Pl. 163. 

NEW HAMPSHIRE. The name of one of the original states of the United States 
of America. During its provincial state, New Hampshire was governed, down to 
the period of the Revolution, by the authority of royal commissions. Its 
general assembly enacted the laws necessary for its welfare, in the manner 
provided for by the commission under which they then acted. 1 Story on the 
Const. Book, 1, c. 5, Sec. 78 to 81. 
     2. The constitution of this state was altered and amended by a 
convention of delegates, held at Concord, in the said state, by adjournment, 
on the second Wednesday of February, 1792. 
     3. The powers of the government are divided into three branches, the 
legislative, the executive, and the judicial. 
     4.-1st. The supreme legislative power is vested in the senate and 
house of representatives, each of which bas a negative on the other. 
     5. The senate and house are required to assemble on the first Wednesday 
in June, and at such times as they may judge necessary and are declared to 
be dissolved seven days next preceding the first Wednesday in June. They are 
styled The General Court of New Hampshire. 
     6.-1. The senate. It will be considered with reference to the 
qualifications of the electors the qualifications of the members; the number 
of members; the duration of their office; and the time and place of their 
election. 
     7.-1. Every male inhabitant of each town, and parish with town 
privileges, and places unincorporated, in this state, of twenty-one years of 
age and upwards, excepting paupers, and persons excused from paying taxes at 
their own request, have a right at the annual or other town meetings of the 
inhabitants of said towns and parishes, to be duly warned and holden 
annually forever in the month of March, to vote in the town or parish 
wherein he dwells, for the senators of the county or district whereof be is 
a member. 
     8.-2. No person shall be capable of being elected a senator, who is 
not seised of a freehold estate, in his own right, of the value of two 
hundred pounds, lying within this state, who is not of the age of thirty 
years, and who shall not have been an inhabitant of this state for seven 
years immediately preceding his election, and a the time thereof he shall be 
an inhabitant of the district for which he shall be chosen. 
     9.-3. The senate is to consist of twelve members. 
    10.-4. The senators are to hold their offices from the first Wednesday 
in June next ensuing their election. 
     5. The senators are elected by the electors in the month of March. 
    11.-2. The house of representatives will be considered in relation to 
its constitution, under the same divisions which have been made in relation 
to the senate. 
    12.-1. The electors are the same who vote for senators.
    13.-2. Every member of the house of representatives shall be chosen by 
ballot; and for two years at least next preceding his election, shall have 
been an inhabitant of this state; shall have an estate within the district 
which he may be chosen to represent, of the value of one hundred pounds, one 
half of which to be a freehold, whereof he is seised in his own right; shall 
be, at the time of his election, an inhabitant of the district he may be 
chosen to represent and shall cease to represent such district immediately 
on his ceasing to be qualified as aforesaid. 
    14.-3. There shall be in the legislature of this state, a 
representation of the people, annually elected, and founded upon principles 
of equality; and in order that such representation may be as equal as 
circumstances will admit, every town, parish, or place, entitled to town 
privileges, having one hundred and fifty rateable male polls, of twenty-one 
years of age, and upwards, may elect one representative; if four hundred and 
fifty rateable male polls, may elect two representatives; and so, proceeding 
in that proportion, make three hundred such rateable polls, the mean of 
increasing number, for every additional representative. Such towns, 
parishes, or places, as have less than one hundred and fifty rateable polls, 
shall be classed by the general assembly, for the purpose of choosing a 
representative, and seasonably notified thereof. And in every class formed 
for the above mentioned purpose, the first annual meeting shall be held in 
the town, parish, or place, wherein most of the rateable polls reside; and 
afterwards in that which has the next highest number and so on, annually, by 
rotation, through the several towns, parishes, or places forming the 
district. Whenever any town, parish, or place entitled to town privileges, 
as aforesaid, shall not have one hundred and fifty rateable polls, and be so 
situated as to render the classing thereof with any, other town, parish, or 
place very inconvenient; the general assembly may, upon application of a 
majority of the voters of such town, parish, or place, issue a writ for 
their selecting and sending, a representative to the general court. 
    15.-4. The members are to be chosen annually.
    16.-5. The election is to be in the month of March.
    17.-2. The executive power consists of a governor and a council. 
    18.-1. Of the governor. 1. The qualifications of electors of governor, 
are the same as those of senators. 
    19.-2. The governor, at the time of his election, must have been an 
inhabitant of this state for the seven years next preceding, be of the age 
of thirty years, and have an estate of the value of five hundred pounds, 
one-half of which must consist of a freehold in his own right, within the 
state. 
    20.-3. He is elected annually.
    21.-4. The election is in the month of March.
    22.-5. His general powers and duties are as follows, namely 1. In case 
of any infectious distemper prevailing in the place where the general court 
at any time is to convene, or any other cause whereby dangers may arise to 
the health or lives of the members from their attendance, the governor may 
direct the session to be holden at some other. 2. He is invested with the 
veto power. 3. He is commander-in-chief of the army and navy, and is 
invested with power on this subject very minutely described in the 
constitution as follows, namely: The governor of the state for the time being

shall be commander-in-chief of the army and navy, and all the military 
forces of this state, by sea and land: and shall have full power, by himself 
or by any chief commander, or other officer or officers, from time to time, 
to train, instruct, exercise and govern the militia and navy; and for the 
special defence and safety of this state, to assemble in martial array, and 
put in warlike posture the inhabitants thereof, and to lead and conduct 
them, and with them encounter, repulse, repel, resist, and pursue, by force 
of arms, as well by sea as by land, within and without the limits of this 
state; and also to kill, slay, destroy, if necessary, and conquer by all 
fitting ways, enterprise and means, all and every such person and persons as 
shall at any time hereafter in a hostile manner attempt or enterprise the 
destruction invasion, detriment, or annoyance of this state; and to use and 
exercise over the army and navy, and over the militia in actual service, the 
law martial in time of war, invasion, and also in rebellion, declared by the 
legislature to exist, as occasion shill necessarily require. And surprise, 
by all ways and means whatsoever, all and every such person or persons, with 
their ships, arms, ammunition, and other goods, as shall in a hostile manner 
invade, or attempt the invading, conquering, or annoying this state: And, in 
fine, the governor is hereby entrusted with all other powers incident to the 
office of captain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the constitution, and 
the laws of the land: Provided, that the governor shall not at any, time 
hereafter, by virtue of any power by this constitution granted, or hereafter 
to be granted to him by the legislature, transport any of the inhabitants of 
this state, or oblige them to march out of the limits of the same, without 
their free and voluntary consent, or the consent of the general court, nor 
grant commissions for exercising the law martial in any case, without the 
advice and consent of the council. 
    23. Whenever the chair of the governor shall become vacant, by reason 
of* his death, absence from the state or otherwise, the president of the 
senate shall, during such 'Vacancy, have and exercise all the powers and 
authorities which, by this constitution, the governor is vested with, when 
personally present; but when the president of the senate shall exercise the 
office of governor, he shall not hold his office in the senate. 
    24.-2. The council. 1. This body is elected by the freeholders and 
other inhabitants qualified to vote for senators. 2. No person shall be 
capable of being elected a councilor who has not an estate of the value of 
five hundred pounds within this state, three hundred pounds of which (or 
more) shall be a freehold in his own right, and who is not thirty years of 
age; and who shall not have been in inhabitant of this state for seven years 
immediately preceding his election; and at the time of his election an 
inhabitant of the county in which he is elected. 3. The council consists of 
five members. 4. They are elected annually. 5. The election is in the month 
of March. 6. Their principal duty is to advise the governor. 
    25.-3. The governor and council jointly. Their principal, powers and 
duties are as follows: 1. They may adjourn the general court not exceeding 
ninety days at one time, when the two houses cannot agree as to the time of 
adjournment. 2. They are required to appoint all judicial officers, the 
attorney-general, solicitors, all sheriffs, coroners, registers of probate, 
and all officers of the navy, and general and field officers of the militia; 
in these cases the governor and council have a negative on each other. 3. 
They have the power of pardoning offences, after conviction, except in cases 
of impeachment. 
    26.-2d. The judicial power is distributed as follows:
    The tenure that all commissioned officers shall have by law in their 
offices, shall be expressed in their respective commissions all judicial 
officers, duly appointed, commissioned and sworn, shall hold. their offices 
during good behaviour, excepting those concerning whom there is a different 
provision made in this constitution: Provided, nevertheless, the governor, 
with consent of council, may remove them upon the address of both houses of 
the legislature. 
    27. Each branch of the legislature, as well as the governor and council, 
shall have authority to require the opinions of the justices of the superior 
court, upon important questions of law, and upon solemn occasions. 
    28. In order that the people play not suffer from the long continuance 
in, place of any justice of the peace, who shall fail in discharging the 
important duties of his office with ability and fidelity, all commissions of 
justices of the peace shall become void at the expiration of five years from 
their respective dates; and upon the expiration of any commission, the same 
may, if necessary, be renewed, or another person appointed, as shall most 
conduce to the well being of the state. 
    29. All causes of marriage, divorce, and alimony, and all appeals from 
the respective judges of probate, shall be heard and tried by the superior 
court until the legislature shall by law make other provision. 
    30. The general court are empowered to give to justices of the peace 
jurisdiction in civil causes, when the damages demanded shall not exceed 
four pounds, and title of real estate is not concerned but with right of 
appeal to either party, to some other court, so that a trial by jury in the 
last resort may be had. 
    31. No person shall hold the office of a judge in any court, or judge of 
probate, or sheriff of any county, after he has attained the age of seventy 
years. 
    32. No judge of any court, or justice of the peace, shall act as 
attorney, or be of counsel, to any Party, or originate any civil suit, in 
matters which shall come or be brought before him as judge, or justice of 
the peace. 
    33. All matters relating to the probate of wills, and granting letters 
of administration, shall be exercised by the judges of probate, in such 
manner as the legislature have directed, or may hereafter direct; and the 
judges of probate shall hold their courts at such place or places, on such 
fixed days as the conveniency of the people may require, and the legislature 
from time to time appoint. 
    34. No judge or register of probate, shall be of counsel, act as 
advocate, or receive any fees as advocate or counsel, in any probate 
business which is pending or may be brought into any court of probate in the 
county of which he is judge or register. 

NEW JERSEY. The name of one of the original states of the United States of 
America. This state, when it was first settled, was divided into, two 
provinces, which bore the names of East Jersey and West Jersey. They were 
granted to different proprietaries. Serious dissensions having arisen 
between them, and between them and New York, induced the proprietaries of 
both provinces to make a formal surrender of all their powers of government, 
but not of their lands, to Queen Anne, in April, 1702; they were immediately 
reunited in one province, and governed by a governor appointed by the crown, 
assisted by a council, and an assembly of the representatives of the people, 
chosen by the freeholders. This form of government continued till the 
American Revolution. 
     2. A constitution was adopted for New Jersey on the second day of July, 
1776, which continued in force till the first day of September, 1844, 
inclusive. A convention was assembled at Trenton on the 14th of May, 1844; 
it continued in, session till the 29th day of Tune, 1844, when the new 
constitution was adopted, and it is provided by art. 8, s. 4, that this 
constitution shall take effect and go into operation on the second day of 
September, 1844. 
     3. By art. 3, the powers of the government are divided into three 
distinct department, the legislative, executive and judicial. It further 
provided that no person or persons belonging to, or constituting one of 
these departments, shall exercise any of the powers properly belonging to 
either of the others, except therein expressed. 
     4.-Sec. 1. The legislative power shall be vested in a senate and 
general assembly. Art. 4, s. 1, n. 1. 
     5.-1st. In treating of the senate, it will be proper to consider, 1. 
The of senators. 2. Of the electors of senators. 3. Of the number of 
senators. 4. Of the time for which they are elected. 
     6.-1. No person shall be a member of the senate, who shall not have 
attained the age of thirty years, and have been a citizen and inhabitant of 
the state for four years, and of the county for which he shall be chosen one 
year, next before his election. And he must be entitled to suffrage at the 
time of his election. Art. 4, s. 1, n. 2. 
     7.-2. Every white male citizen of the United States, of the age of 
twenty-one years, who shall have been a resident of this state one year, and 
of the county in which he claims his vote five months next before the 
election, shall be entitled to vote for all officers that now are, or 
hereafter may be elective by the people; provided, that no person in the 
military, naval, or marine service of the United States, shall be considered 
a resident in this state, by, being stationed in any garrison, barrack, or 
military or naval place or station within this state; and no pauper, idiot, 
insane person, or person convicted of a crime which now excludes him from 
being a witness, unless pardoned or restored by law to the right of 
suffrage, shall enjoy the right of an elector. 
     8.-3. The senate shall be composed of one senator from each county in 
the state. Art. 4, s. 2, n. 1. 
     9.-4. The senators are elected on the second Tuesday of October, for 
three years. Art. 4, s. 2, n. 1. As soon as the senate shall meet after the 
first election to be held in pursuance of this constitution, they shall be 
divided, as equally as may be, into three classes. The seats of the, 
senators of the first class shall be vacated at the expiration of the first 
year; of the second class at the expiration of the second year; and of the 
third class at the expiration of the third year; so that one class may be 
elected every year; and if vacancies happen, by resignation or otherwise, 
the person elected to supply such vacancies shall be elected for the 
unexpired terms only. Art. 4, s. 2, n. 2. 
    10.-2d. The general assembly will be considered in the same order that 
has been observed in speaking of the senate. 
    11.-1. No person shall be a member, of the general assembly, who shall 
not have attained the age of twenty-one years, and have been a citizen and 
inhabitant of the state for two years, and of the county for which he shall 
be chosen one year next before his election. He must be entitled to this 
right of suffrage. Art. 4, s. 1, n. 2. 
    12.-2. The same persons who elect senators elect members of the 
general assembly. 
    13.-3. The general assembly shall be composed of members annually 
elected by the legal voters of the counties, respectively, who shall be 
apportioned among the said counties as nearly as may be according to the 
number of their inhabitants. The present apportionment shall continue until 
the next census of the United States shall have been taken, and an 
apportionment of members of the general assembly shall be made by the 
legislature, at its first session after the next and every subsequent 
enumeration or census, and when made shall remain unaltered until another 
enumeration shall have been taken; provided, that each county shall at all 
times be entitled to one member: and the whole number of members shall never 
exceed sixty. 
    14.-4. Members of the legislature are elected yearly on the second 
Tuesday of October. 
    15.-3d. The powers of the respective houses are as follows: 
    16.-1. Each house shall direct writs of election for supplying 
vacancies, occasioned by death, resignation, or:otherwise; but if vacancies 
occur during the recess of the legislature, the writs may be issued by the 
governor, under such regulations as may be prescribed by law. 
    17.-2. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, and 
may be. authorized to compel the attendance of absent members, in such 
manner and under such penalties as each house may provide. 
    18.-3. Each house shall choose its own officers, determine the rules 
of its proceedings, punish its members for disorderly behaviour, and, with 
the concurrence of two-thirds, may expel a member. 
    19.-4. Each house shall keep a journal of its proceedings, and from 
time to time publish the same; and the yeas and nays of the members of 
either house, on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 
    20.-5. Neither house, during the session of the legislature, shall, 
without the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 
    21.-6. All bills and joint resolutions shall be read three time; in 
each house, before the final passage thereof; and no bill or joint 
resolution shall pass, unless there be a majority of all the members of each 
house personally present and agreeing thereto: and the yeas and nays of 
members voting on such final passage shall be entered on the journal. 
    22.-7. Members of the senate and general assembly shall receive a 
compensation for their services, to be ascertained by law, and paid out of 
the treasury of the state; which compensation shall not exceed the sum of 
three dollars per day for the period of forty days from the commencement of 
the session; and shall not exceed the sum of one dollar and fifty cents per 
day for the remainder of the session. When convened in extra session by the 
governor, they shall receive such sum as shall be fixed for the first forty 
days of the ordinary session. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and returning from their 
place of meeting, on the most usual route. The president of the senate, and 
the speaker of the house of assembly shall, in virtue of their offices, 
receive an additional compensation equal to one-third of their per diem 
allowance as members. 
    23.-8. Members of the senate and of the general assembly shall, in all 
cases except treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the sitting of their respective houses, 
and in going to and returning from the same: and for any speech or debate, 
in either house, they shall not be questioned in any other place. 
    24.-Sec. 2. By the fifth article of the constitution, the executive 
power is vested in a governor. It will be convenient to consider, 1. The 
qualifications of the governor. 2. By whom he is elected. 3. The duration of 
his office. 4. His powers: and 5. His salary. 
    25.-1. The governor shall be not less than thirty years of age, and 
shall have been for twenty years, at least, a citizen of the United States, 
and a resident of this state seven years next before his election, unless be 
shall have been absent during that time on the public business of the United 
States or of this state. 
    26.-2. He is chosen by the legal voters of the state.
    27.-3. The governor holds his office for three years, to commence on 
the third Tuesday of January next ensuing the election of governor by the 
people, and to end on the Monday preceding the third Tuesday of January, 
three years thereafter; and he cannot nominate nor appoint to office during 
the last week of his term. He is not reeligible without an intermission of 
three years. Art. 5, n. 3. 
    28.-4. His powers are as follows: He shall be the commander-in-chief 
of all the military and naval forces of the state; he shall have power to 
convene the legislature, whenever, in his opinion, public necessity requires 
it; he shall communicate, by message, to the legislature, at the opening of 
each session, and at such other times as he may deem necessary, the 
condition of the state, and recommend such measures as he may deem 
expedient; he shall take care that the laws be faithfully executed, and 
grant, under the great seal of the state, commissions to all such officers 
as shall be required to be commissioned. 
    29. Every bill which shall have passed both houses shall be presented to 
the governor: if he approve, he shall sign it, but if not, he shall return 
it, with his objections, to the house in which it shall have originated, who 
shall enter the objections at large on their journal, and proceed to 
reconsider it; if, after such reconsideration, a majority of the whole 
number of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved of by a majority of the whole number of 
that house, it shall become a law; but in neither house shall the vote be 
taken on the same day on which the bill shall be returned to it; and in all 
such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If any bill shall not be 
returned by the governor, within five days (Sunday excepted) after it shall 
have been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the legislature, by their adjournment, prevent its 
return, in which case it shall not be a law. 
    30. The governor, or person administering the government, shall have 
power to suspend the collection of fines and forfeitures, and to grant 
reprieves, to extend until the expiration of a time not exceeding ninety 
days after conviction but this power shall not extend to cases of 
impeachment. 
    31. The governor, or person administering the government, the 
chancellor, and the six judges of the court of errors and appeals, or a 
major part of them, of whom the governor or person administering the 
government shall be one, may remit fines and forfeitures, and grant pardons 
after conviction, in all cages except impeachment. 
    32.-5. The governor shall, at stated times, receive for his services a 
compensation which shall be neither increased nor diminished during 'the 
period for which be shall have been elected. 
    33.-Sec. 3. The judicial power shall be vested in a court of errors 
and appeals in the last resort in all causes, as heretofore; a court for the 
trial of impeachments; a court of chancery; a prerogative court; a supreme 
court; circuit courts, and such inferior courts as now exist, and as may be 
hereafter ordained and established by law; which inferior courts the 
legislature may alter or abolish, as the public good shall require. 
    34.-1. The court of errors and appeals shall consist of the 
chancellor, the justices of the supreme court, and six judges, or a major 
part of them; which judges are to be appointed for six years. 
    35.-2. Immediately after the court shall first assemble, the six 
judges shall arrange themselves; in such manner that the seat of one of them 
shall be vacated every year, in order that thereafter one judge may be 
annually appointed. 
    36.-3. Such of the six judges as shall attend the court shall receive, 
respectively, a per diem compensation, to be provided by law. 
    37.-4. The secretary of state shall be the clerk of this court. 
    38.-5. When an appeal from an order or decree shall be heard, the 
chancellor shall inform the court, in writing, of the reasons for his order 
or decree but he shall not sit as a member, or have a voice in the hearing 
or final sentence. 
    39.-6. When a writ of error shall be brought, no justice who has given 
a judicial opinion in the cause, in favor of or against any error complained 
of, shall sit as a member, or have a voice on the hearing, or for its 
affirmance or reversal; but the reasons for such opinion shall be assigned 
to the court in writing. 
    40.-1. The house of assembly shall have the sole power of impeaching, 
by a vote of a majority of all the members; and all impeachments shall be 
tried by the senate: the members, when sitting for that purpose, to be on 
oath or affirmation "truly and impartially to try and determine the charge 
in question according to evidence:" and no person shall be convicted without 
the concurrence of two-thirds of all the members of the senate. 
    41.-2. Any individual officer impeached shall be suspended from 
exercising his office until his acquittal. 
    42.-3. Judgment, in cases of impeachment, shall not extend farther 
than. to removal from, office and to disqualification to hold and enjoy any 
office of honor, profit, or trust under this state; but the party convicted 
shall nevertheless be liable to indictment, trial, and punishment, according 
to law. 
    43.-4. The secretary of state shall be the clerk of this court. 
    44.-1. The court of chancery shall consist of a chancellor.
    45.-2. The chancellor shall be the ordinary, or surrogate-general, and 
judge of the prerogative court. 
    46.-3. All persons aggrieved by any order, sentence, or decree of the 
orphans' court may appeal from the same, or from any part thereof, to the 
prerogative court; but such order, sentence, or decree shall not be removed 
into the supreme court, or circuit court if the subject matter thereof be 
within the jurisdiction of the orphans' court. 
    47.-4. The secretary of state shall be the register of the prerogative 
court, and shall perform the duties required of him by law in that respect. 
    48.-1. The supreme court shall consist of a chief justice and four 
associate justices. The number of associate justices may be increased or 
decreased by law, but shall never be less than two. 
    49.-2. The circuit courts shall be held in every county of this state, 
by one or more of the justices of the supreme court, or a judge appointed 
for that purpose; and shall in all cases within the county, except in those 
of a criminal nature, have common law jurisdiction concurrent with the 
supreme court; and any final judgment of a circuit court may be docketed in 
the supreme court, and shall operate as a judgment obtained in the supreme 
court, from the time of such docketing. 
    50.-3. Final judgments in any circuit court may be brought by writ of 
error into the supreme court, or directly into the court of errors and 
appeals. 
    51.-1. There shall be no more than five judges of the inferior court 
of common pleas in each of the counties in this state after the terms of the 
judges of said court now in office shall terminate. One judge for each 
county shall be appointed every year, and no more, except to fill vacancies, 
which shall be for the unexpired term only. 
    52.-2. The commissions for the first appointments of judges of said 
court shall bear date and take effect on the first day of April next; and an 
subsequent commissions for judges of said court shall bear date and take 
effect on the first day of April in every successive year, except 
commissions to fill vacancies, which shall hear date and take effect when 
issued. 
    53.-1. There may be elected under this constitution two, and not more 
than five, justices of the peace in each of the townships of the several 
counties of this state, and in each of the wards, in cities that may vote in 
wards. When a township or ward contains two thousand inhabitants or less, it 
may have two justices; when it contains more than two thousand inhabitants, 
and not more than four thousand, it may have four justices; and when it 
contains more than four thousand inhabitants, it may have, five justices; 
provided, that whenever any township, not voting in wards, contains more 
than seven thousand inhabitants, such township) may have an additional 
justice for each additional three thousand inhabitants above four thousand. 
    54.-2. The population of the townships in the several counties of the 
state and of the several wards shall be ascertained by the lost preceding 
census of the United States, until the legislature shall provide by law some 
other mode of ascertaining it. 

NEW MATTER, pleading. All facts alleged in pleading, which go in avoidance 
of what is before, pleaded, on the opposite side, are called new matter. In 
other words, every allegation made in the pleadings, subsequent to the 
declaration, and which does not go in denial of what is before alleged on 
the other side, is an allegation of new matter; generally, all new matter 
must be followed by a verification. (q.v.) Gould, Pl. c. 3, Sec. 195; 1 
Saund. 103, n. 1; Steph. PI. 251; Com. Dig. Pleader, E 32; 2 Lev. 5; Vent. 
121; 1 Chit. PI. 538; 3 Bouv. Inst. n. 2983. In proceedings in equity, when 
new matter has been discovered by either plaintiff or defendant, before a 
decree has been pronounced, a cross bill has been permitted to bring such 
matter before, the court to answer the purposes of justice. After the answer 
has been filed, it cannot be introduced by amendment; the only way to 
introduce it, is by filing a supplemental bill. 4 Bouv. Inst. n. 4385-87; 
1 Paige 200; Harring. Ch. 438. 

NEW PROMISE. A contract made, after the original promise has for some cause 
been rendered, invalid, by which the promiser agrees to fulfill such original

promise. 
     2. When a debtor has been discharged under the bankrupt laws, the 
remedy against him is clearly gone, so when an infant has made a contract 
prejudicial to his interest, he may avoid it; and when by lapse of time a 
debt is barred by the act of limitations, the debtor may take advantage of 
the act, but in all these cases there remains a moral obligation, and if the 
original promiser renews the contract by a new promise, this is a sufficient 
consideration. See 8 Mass. 127; 2 S. & It. 208; 2 Rawle, 351; 5 Har. & John. 
216; 2 Esp. C. 736; 2 H. Bl. 116; 8 Moore, 261; 1 Bing. 281; 1 Dougl. 192; 
Cowp. 544; Bac. Ab. Infancy and A e, I; Bac. Ab. Limitation of actions, E 85 
     3. Formerly the courts construed the slightest admission of the debtor 
as evidence of a new promise to pay; but of late years a more reasonable 
construction is put upon men's contracts, and the promise must be express, 
or at least, the acknowledgment of indebtedness must not be inconsistent 
with a promise to pay. 4 Greenl. 41, 413; 2 Hill's S. C. 326; 2 Pick. 368; 1 
South. 153; 14 S. & R. 195; 1 McMull. R. 197; 3 Harring. 508; 7 Watts & 
Serg. 180; 10 Watts, 172; 6 Watts & Serg. 213; 5 Shep. 349; 5 Smed. & Marsh. 
564; 1 Bouv. Inst. n. 866. 

NEW TRIAL, practice, A reexamination of an issue in fact, before a court and 
jury, which had been tried, at least once, before the same court and a jury. 
     2. The origin of the practice of granting new trials is concealed in 
the night of time. 
     3. Formerly new trials could be obtained only with the greatest 
difficulties, but by the modern practice, they are liberally granted in 
furtherance of justice. 
     4. The reasons for granting new trials are numerous, and may be classed 
as follows; namely: 
     1. Matters which arose before and in the course of trial. These are, 
1st. Want of due notice. Justice requires that the defendant should have 
sufficient notice of the time and place of trial; and the want of it, unless 
it has been waived by an appearance, and making defence, will, in general, 
be sufficient to entitle the defendant to a new trial. Bull., N. P. 327; 3 
Price's Ex. R. 72; 3 Dougl. 402; 1 Wend. R. 22. But the insufficiency of the 
notice must have been calculated reasonably to mislead the defendant. 7 T. 
R. 59. 2d, The irregular impanelling of the jury; for example, if a person 
not duly qualified to serve be sworn: 4 T. R. 473; or if a juror not 
regularly summoned and returned personate another. Willes, 484; S. C. 
Barnes, 453. In Pennsylvania, by statutory, provision, going on to trial 
will cure the defect, both in civil and criminal cases. 3d. The admission of 
illegal testimony. 3 Cowen's Rep. 712 2 Hall's R. 40. 4 Chit. Pr. 33 4th. 
The rejection of legal testimony. 6 Mod. 242; 3 B. & C. 494; 1 Bing. R. 38; 
1 John. IR,. 508; 7 Wend. R. 371; 3 Mass. 124; 6 Mass. R. 391. But a new 
trial will not be granted for the rejection of a witness on the supposed 
ground of incompetency, when another witness establishes the same fact, and 
it is not disputed by the other side. 2 East, R. 451; and see other 
exceptions in 1 John. R. 509; 4 Ohio Rep. 49; 1 Charlt. B. 227; 2 John. Cas. 
318. 5th. The misdirection of the judge. Vide article Misdirection, and 4 
Chit. Pr. 38. 
     5.-2. The acts of the prevailing party, his agents or counsel. For 
example, when papers, not previously submitted, are surreptitiously handed 
to the jury, being material on the point in issue. Co. Litt. 227; 1 Sid. 
235; 4 W. C. C. R. 149. Or if the party, or one on his behalf, directly 
approach a juror on the subject of the trial. Cro. Eliz. 189; 1 Serg. & 
Rawle, 169; 7 Serg. & Rawle, 358; 4 Binn. 150; 13 Mass. R. 218; 2 Bay R. 94; 
6 Greenl. R. 140. But if the other party is aware of such attempts, and he 
neglects to correct them when in his power, this will not be a sufficient 
reason for granting a new trial. 11 Mod. 118. When indirect measures have 
been resorted to, to prejudice the jury; 3 Brod. & Bing. 272; 7 Moore's R. 
87; 7 East, R. 108; or tricks practiced; 11 Mod. 141; or disingenuous 
attempts to suppress or stifle evidence, or thwart the proceedings, or to 
obtain an unconscientious advantage, or to mislead the court and jury, they 
will be defeated by granting a new trial. Grah. N. T. 56; 4 Chit. Pr. 59. 
     6.-3. The misconduct of the jury, as if they acted in disregard of 
their oaths; Cro. Eliz. 778; drinking spirituous liquors, after being 
charged with the cause; 4 Cowen's R. 26; 7 Cowen's R. 562; or resorting to 
artifice to get rid of their confinement; 5 Cowen's R. 283; and such like 
causes will avoid a verdict. Bunb. 51; Barnes, 438; 1 Str. 462; 2 Bl. R. 
1299; Comb. 357; 4 Chit. Pr. 48 to 55. See, t's to the nature of the 
evidence to be received to prove misconduct of the jury, 1 T. R. 11; 4 Binn. 
R. 150; 7 S. & R. 458. 
     7.-4. Cases in which the verdict is improper, because it is either 
void, against law, against evidence, or the damages are excessive. 1. When 
the verdict is contrary to the record; 2 Roll. 691; 2 Co. 4; or it finds a 
matter entirely out of the issue; Hob. 53; or finds only a part of the 
issue; Co. Litt. 227; or when it is uncertain; 8 Co. 65; a new trial will be 
granted. 2. When the verdict is. clearly against law, and injustice has been 
done, it will be set aside. Grah. N. T. 341, 356. 3. And so will a verdict 
be set aside if given clearly against evidence, and the presiding judge is 
dissatisfied. Grah. N. T. 368. 4. When the damages are excessive, and appear 
to have been given in consequence of prejudice, rather, than as an act of 
deliberate judgment. Grah. N. T. 410; 4 Chit. Pr. 63; 1 M. & G. 222; 39 E. 
C. L. R. 422. 
     8.-5. Cases in which the party was deprived of his evidence by 
accident or because he was not aware of it. The non-attendance of witnesses, 
their mistakes, their interests, their infirmities, their bias, their 
partial or perverted views of facts, their veracity, their turpitude, pass 
in review, and in proportion as they bear upon the merits avoid or confirm 
the verdict. The absence of a material piece of testimony or the non-
attendance of witnesses, contrary to reasonable expectation, and reasonably 
accounted for, will induce the court to set aside the verdict, and grant a 
new trial; 6 Mod. 22 11 Mod. 1; 2 Chit. Rep. 195; 14 John. R. 112; 2 John. 
Cas. 318; 2 Murph, R. 384; as, if the witness absent himself with out the 
party's knowledge after the cause is called on,; 14 John. R. 112; or is 
suddenly taken sick; 1 McClel. R. 179 and the like. The court will also 
grant a new trial, when the losing party has discovered material evidence 
since the trial, which would probably produce, a different result; this 
evidence must be accompanied by proof of previous diligence to procure it. 
To succeed, the applicant must show four things: 1. The names of the new 
witnesses discovered. 2. That the applicant has been diligent in preparing, 
his cage for trial. 3. That the new facts were discovered after the trial 
and will be important. 4. That the evidence discovered will tend to prove 
facts which were not directly in, issue on the trial, or were not then known 
and investigated by proof. 8 J. J. Marsh. R. 521; 2 J. J. Marsh. R. 52; 5 
Serg. & Rawle, 41; 6 Greenl. R. 479; 4 Ohio Rep. 5; 2 Caines' R. 155; 2 W. 
C. C. R. 411; 16 Mart. Louis. Rep. 419; 2 Aiken, Rep, 407; 1 Haist. R. 434; 
Grah. N. T. ch. 13. 
     9. New trials may be granted in criminal as well as in civil cases, 
when the defendant is convicted, even of the highest offences. 3 Dall. R. 
515; 1 Bay, R. 372; 7 Wend. 417; 5 Wend. 39. But when the defendant is 
acquitted, the humane influence of the law, in cases of felony, mingling 
justice with mercy, in favorem vitae et libertatis, does not permit a new 
trial. In cases of misdemeanor, after conviction a new trial may be granted 
in order to fulfill the purpose of substantial justice; yet, there are no 
instances of new trials after acquittal, unless in cases where the defendant 
has procured his acquittal by unfair practices. 1 Chit. Cr. Law, 654; 4 
Chit. Pr. 80. Vide, generally, 21 Vin. Ab. 474 to 493; 3 Chit. Bl. Co 387, 
n.; 18 E. C. L. R. 74, 334; Bac. Ab. Trial, L; 1 Sell. Pr. 482; Tidd's Pr. 
934, 939; Graham on New Trials 3 Chit. Pr. 47; Dane's Ab. h.t.; Com. Dig. 
Pleader, IR. 17; 4 Chitty's Practice, part 7, ch. 3. The rules laid down to 
authorize the granting of new trials in Louisiana, will be found in the Code 
of Practice, art. 557 to 563. 

NEW WORK. In Louisiana, by a new work is understood every sort of edifice or 

other work, which is newly commenced on any ground whatever. 
     2. When the ancient form of the work is changed, either by an addition 
being made to it, or by some part of the ancient work being taken away, it 
is styled also a new work. Civ. Code of Lo. 852; Puff. b. 8, c. 5, SS 3; 
Nov. Rec. L. 1, tit. 32; Asso y Manuel, b. 2, tit. 6, p. 144. 

NEW YORK. The name of one of the original states of the United States of 
America. In its colonial condition this state was governed from the period 
of the revolution of 1688, by governors appointed by the crown assisted by a 
council, which received its appointments also from the parental government, 
and by the representatives of the people. 1 Story, Const. B. 1, ch. 10. 
     2. The present constitution of the state was adopted by a convention of 
the people, at Albany, on the ninth day of October, 1846, and went into 
force from and including the first day of January, 1847. The powers of the 
government are distributed among three classes of magistrates, the 
legislative, the executive, and the judicial; 
     3.-Sec. 1. The legislative power is vested in a senate and assembly. 
By the second article, section first, of the constitution, the 
qualifications of the electors are thus described, namely:: Every male 
citizen of the age of twenty-one years, who shall have been a citizen for 
ten days, and an inhabitant of this state one year next, preceding any 
election, and for the last four months a resident of the county where he may 
offer his vote, shall be entitled to vote at such election in the election 
district of which he shall at the time be a resident, and not elsewhere, for 
all officers that now are or hereafter may be elective by the people; but 
such citizen shall have been for thirty days next preceding the election, a 
resident of the district from which the officer is to be chosen for whom he 
offers his vote. But no man of color, unless he shall have been for three 
years a citizen of this state, and for one year next preceding any election 
shall have been seised and possessed of a freehold estate of the value of 
two hundred and fifty dollars, over and above all debts and incumbrances, 
charged thereon, and shall have been actually rated and paid a tax thereon, 
shall be entitled to vote at such election. And no person of color shall be 
subject to direct taxation unless he shall be seised and possessed of such 
real estate as aforesaid. 
     4. The third article provides as follows: 
     Sect. 6. The members of the legislature shall receive for their 
services, a sum not exceeding three dollars a day, from the commencement of 
the session; but such pay shall not exceed in the aggregate, three hundred 
dollars for per them allowance, except in proceedings for impeachment. The 
limitation as to the aggregate compensation shall not take effect until the 
year one thousand eight hundred and forty-eight. When convened in extra 
session by the governor, they shall receive three dollars per day. They 
shall also receive the sum of one dollar for every ten miles they shall 
travel, in going to and returning from their place of meeting on the most 
usual route. The speaker of the assembly shall, in virtue of his office, 
receive an additional compensation equal to one-third of his per them 
allowance as a member. 
     Sect. 7. No member of the legislature shall receive any civil 
appointment within this state, or to the senate of the United States, from 
the governor, the governor and senate, or from the legislature, during the 
term for which he shall have been elected; and all such appointments, and 
all votes given for any such member, for any such office or appointment, 
shall be void. 
     Sect. 8. No person being a member of congress, or holding any judicial 
or military office under the United States, shall hold a seat in the 
legislature. And if any person shall, after his election as a member of the 
legislature, be elected to congress, or appointed to any office, civil or 
military, under the government of the United States, his acceptance thereof 
shall vacate his seat. 
     Sect. 9. The elections of senators and members of assembly, pursuant to 
the provisions of this constitution, shall be held on the Tuesday succeeding 
the first Monday of November, unless otherwise directed by the legislature. 
     Sect. 10. A majority of each house shall constitute a quorum to do 
business. Each house shall determine the rules of its own proceedings, and 
be the judge of the elections, returns and qualifications of its own 
members, shall choose its own officers, and the senate shall choose a 
temporary president, when the lieutenant. governor shall not attend as 
president, or shall act as governor. 
     Sect. 11. Each house shall keep a journal of its proceedings, and 
publish the same, except such parts as may require secrecy. The doors of 
each house shall be kept open, except when the public welfare shall require 
secrecy. Neither house shall, without the consent of the other, adjourn for 
more than two days. 
     Sect. 12. For any speech or debate in either house of the, legislature, 
the members shall not be questioned in any other place. 
     5.-1. The senate consists of thirty-two members, chosen by the 
electors. The state is divided into thirty-two districts, and each 
district elects one senator. 
     6. Senators are chosen for two years. 20 
     7.-2. The assembly shall consist of one hundred and twenty-eight 
members. Art. 3, s. 2. 
     8. The state shall be divided into assembly districts as provided by 
the fifth section of the third article of the constitution as follows: 
     The members of assembly shall be apportioned among the several counties 
of this state, by the legislature, as nearly as may be, according to the 
number of their respective inhabitants, excluding aliens, and persons of 
color not taxed, and shall be chosen by single districts. 
    "The several boards of supervisors in such counties of this state, as 
are now entitled to more than one member of assembly, shall assemble on the 
first Tuesday of January next, and divide their respective counties into 
assembly districts equal to the number of members of assembly to which such 
counties are now severally entitled by law, and shall cause to be filed in 
the offices of the secretary of state and the clerks of their respective 
counties, a description of such assembly districts, specifying the number of 
each district and the population thereof, according to the last preceding 
state enumeration, as near as can be ascertained. Each assembly district 
shall contain, as nearly as may be, an equal number of inhabitants, 
excluding aliens and persons of color not taxed, and shall consist of 
convenient. and contiguous territory; but no town shall be divided in the 
formation of assembly districts. 
    "The legislature, at its first session after the return of every 
enumeration, shall re-apportion the members of assembly among the several 
counties of this state, in manner aforesaid, and the boards of supervisors 
in such counties as, may be entitled, under such reapportionment, to more 
than one member, shall assemble at such time as the legislature making such 
reapportionment shall prescribe, and divide such counties into assembly 
districts, in the manner herein directed and the apportionment and districts 
so to be made, shall remain unaltered until another enumeration shall be 
taken under the provisions of the preceding section. 
    "Every county heretofore established and separately organized, except 
the county of Hamilton, shall always be entitled to one member of the 
assembly, and no new county shall be hereafter erected, unless its 
population shall entitle it to a member. 
    "The county of Hamilton shall elect with the county of Fulton, until the 
population of the county of Hamilton shall, according to the ratio, be 
entitled to a member." 
     9. The members of assembly are elected annually.
    10.-Sec. 2. The fourth article vests the executive power as follows: 
   "Sect. 1. The executive power shall be vested in a governor, who shall 
hold his office for two years; a lieutenant governor shall be chosen at the 
same time, and for the same term. 
   "Sect. 2. No person except a citizen of the United States, shall be 
eligible to the office of governor; nor shall any person be eligible to that 
office, who shall not have attained the age of thirty years, and who shall 
not have been five years next preceding his election, a resident within this 
state. 
   "Sect. 3. The governor and lieutenant governor shall be elected at the 
times and places of choosing members of the assembly. The persons 
respectively having the highest number of votes for governor and lieutenant 
governor, shall be elected; but in case two or more shall have an equal and 
the highest number of votes for governor, or for lieutenant governor, the 
two houses of the legislature at its next annual session, shall, forthwith, 
by joint ballot, choose one of the said persons so having an equal and the 
highest number of votes for governor or lieutenant governor. 
   "Sect. 4. The governor shall be commander-in-chief of the military and 
naval forces of the state. He shall have power to convene the legislature 
(or the senate only) on extraordinary occasions. He shall communicate by 
message to the legislature at every session, the condition of the state, and 
recommend such matters to them as be shall judge expedient. He shall 
transact all necessary business with the officers of government, civil and 
military. He shall expedite all such measures, as may be resolved upon by 
the legislature, and shall take care that the laws are faithfully executed. 
He shall, at stated times, receive for his services, a compensation to be 
established by law, which shall neither be increased nor diminished after 
his election and during his continuance in office. 
   "Sect. 5. The governor shall have the power to grant reprieves, 
commutations and pardons after conviction, for all offences except treason 
and cases of impeachment, upon such conditions, and with such restrictions 
and limitations, as he may think proper, subject to such regulation as may 
be provided by law relative to the manner of applying for pardons. Upon 
conviction for treason, he shall have power to suspend the execution of the 
sentence, until the Offence shall be reported to the legislature at its next 
meeting, when the legislature shall either pardon, or commute the sentence, 
direct the execution of the sentence, or grant a further reprieve. He shall 
annually communicate to the legislature each case of reprieve, commutation 
or pardon granted stating the name of the convict, the crime of which he was 
convicted, the sentence and its date, and the date of the commutation, 
pardon or reprieve. 
   "Sect. 6. In case of the impeachment of the governor, of his removal from 
office, death, inability to discharge the powers and duties of the said 
office, resignation or absence from the state, the powers and duties of the 
office shall devolve upon the lieutenant governor for the residue of the 
term, or until the disability shall cease. But when the governor shall, with 
the consent of the legislature, be out of the state in time of war, at the 
head of a military force thereof, he shall continue commander-in-chief of 
all the military force of the state. 
   "Sect. 7. The lieutenant governor shall possess the same qualifications 
of eligibility for office as the governor. He shall be president of the 
senate, but shall have only a casting vote therein. If during a vacancy of 
the office of governor, the lieutenant governor shall be impeached, 
displaced, resign, die, or become incapable of performing the duties of his 
office, or be absent from the state, the president of the senate shall act 
as governor, until the vacancy be filled, or the disability shall cease. 
   "Sect. 8. The lieutenant governor shall, while acting as such, receive a 
compensation which shall be fixed by law, and which shall not be increased 
or diminished during his continuance in office. 
   "Sect. 9. Every bill which shall have passed the senate and assembly, 
shall, before it becomes a law, be presented to the governor; if be approve, 
he shall Sign it; but if not, he shall return it with his objections to that 
house in which it shall have originated; who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration, two-thirds of the members present shall agree to pass the 
bill, it shall be sent, together with the objections, to the other house, by 
which it shall likewise be reconsidered: and if approved by two-thirds of 
all the members present, it shall become a law, notwithstanding the 
objections of the governor. But in all such cases, the votes of both houses 
shall be determined by yeas and nays, and the flames of the members voting 
for and against the bill, shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor within ten 
days (Sundays excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the 
legislature shall, by their adjournment, prevent its return; in which case 
it shall not be a law." 
    11.-Sec. 3. The sixth article distributes the judicial power as 
follows: 
   "Sect. 1. The assembly shall have the power of impeachment, by the vote 
of a majority of all the members elected. The court for the trial of 
impeachments, shall be composed of the president of the senate, the 
senators, or a major part of them, and, the judges of the court of appeals, 
or the major part of them. On the trial of an impeachment against the 
governor, the lieutenant governor shall not act as a member of the court. No 
judicial officer shall exercise his office after he shall have been 
impeached, until he shall have been acquitted. Before the trial of an 
impeachment, the members of the court shall take, an oath or affirmation, 
truly and impartially to try the impeachment, according to evidence; and no 
person shall be convicted without the concurrence of two-thirds of the 
members present. Judgment, in cases of impeachment, shall not extend further 
than to removal from office, or removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit under this state; but 
the party impeached shall be liable to indictment, and punishment according 
to law. 
   "Sect. 2. There shall be a court of appeals, composed of eight judges, of 
whom four shall be elected by the electors of the state for eight years, and 
four selected from the class of justices of the supreme court, having the 
shortest time to serve. Provision shall be made by law, for designating one 
of the number elected, as chief judge, and for selecting such justices of 
the supreme court, from time to time, and for so classifying those elected, 
that one shall be elected every second year. 
   "Sect. 3. There shall be a supreme court having general jurisdiction in 
law and equity. 
   "Sect. 4. The state shall be divided into eight judicial districts, of 
which the city of New York shall be one: the others to be bounded by county 
lines. and to be compact, and equal in population, as nearly as may be. 
There shall be four justices of the supreme court in each district, and as 
many more in the district composed of the city of New York, as may from time 
to time be authorized by law, but not to exceed in the whole such number in 
proportion to its population, as shall be in conformity with the number of 
such judges in the residue of the state in proportion to its population. 
They shall be classified so that one of the justices of each district shall 
go out of office at the end of every two years. After the expiration of 
their terms under such classification, the term of their office shall be 
eight years. 
   "Sect. 5. The legislature shall have the same powers to alter and 
regulate the jurisdiction and proceedings in law and equity, as they have 
heretofore possessed. 
   "Sect. 6. Provisions may be made by law for designating, from time to 
time, one or more of the said justices, who is not a judge of the court of 
appeals, to preside at the general terms of the said court to be held in the 
several districts. Any three or more of the said justices, of whom one of 
the said justices so designated shall always be one, may hold: such general 
terms. And any one or more of the justices may hold special terms and 
circuit courts, and any one of them may preside in courts of oyer and 
terminer in any county. 
   "Sect. 7. The judges of the court of appeals and justices of the supreme 
court, shall severally receive, at stated times, for their services, a 
compensation to be established by law, which shall not be increased or 
diminished during their continuance in office. 
   "Sect. 8. They shall not hold any other office or public trust. All votes 
for either of them, for any elective office, (except that of justice of the 
supreme court, or judge of the court of appeals,) given by the legislature 
or the people, shall be void. They shall not exercise any power of 
appointment to public office. Any male citizen of the age of twenty-one 
years, of good moral character, and who possesses the requisite 
qualifications of learning and ability, shall be entitled to admission to 
practice in all the courts of this state. 
   "Sect. 9. The classification of the justices of the supreme court; the 
times and place of holding the terms of the court of appeals, and of the 
general and special terms of the supreme court within the several districts, 
and the circuit courts and courts of oyer and terminer within the several 
counties, shall be provided for by law. 
   "Sect. 10. The testimony in equity cases shall be taken in like manner as 
in cases at law. 
   "Sect. 11. Justices of the supreme court and judges of the court of 
appeals, way be removed by concurrent resolution of both houses of the 
legislature, if two-thirds of all the members elected to the assembly, and a 
majority of all the members elected to the senate, concur therein. All 
judicial officers, except those mentioned in this section, and except 
justices of the peace, and judges and justices of inferior courts not of 
record, may be removed by the senate, on the recommendation of the governor: 
but no removal shall be made by virtue of this section, unless the cause 
thereof be entered on the journals, nor unless the party complained of, 
shall have been served with a copy of the complaint against him, and shall 
have had an opportunity of being heard in his defence. On the question of 
removal, the ayes and noes shall be entered on the journals. 
   "Sect. 12. The judges of the court of appeals shall be elected by the 
electors of the state, and the justices of the supreme court by the electors 
of the several judicial districts, at such times as may be proscribed by 
law. 
   "Sect. 13. In case the office of any judge of the court of appeals, or 
justice of the supreme court, shall become vacant before the expiration of 
the regular term for which he was elected, the vacancy may be filled by 
appointment by the governor, until it shall be supplied at the next general 
election of judges, when it shall be filled by election, for the residue of 
the unexpired term. 
    Sect. 14. There shall be elected in each of the counties of this state, 
except the city and county of New York, one county judge, who shall hold his 
office for four years. He shall hold the county court, and perform the 
duties of the office of surrogate. The county court shall have such 
jurisdiction in cases arising in justices' courts, and in special cases, as 
the legislature may prescribe, but shall have no original civil 
jurisdiction, except in such special cases. 
    "The county judge, with two justices of the peace, to be designated 
according to law, may hold courts of sessions, with such criminal 
jurisdiction as the legislature shall prescribe, and perform such other 
duties as may be required by law. 
    "The county judge shall receive an annual salary, to be fixed by the 
board of supervisors, which shall be neither increased nor diminished 
during his continuance in office. The justices of the peace for services in 
courts of sessions, shall be paid a per diem allowance out of the county 
treasury. 
    "In counties having a population exceeding forty thousand, the 
legislature may provide for the election of a separate officer to perform 
the duties of the office of surrogate. 
    "The legislature may confer equity jurisdiction in special cases upon 
the county judge. 
    "Inferior local courts, of civil and criminal jurisdiction, may be 
established by the legislature in cities; and such courts, except for the 
cities of New York and Buffalo, shall have an uniform organization and 
jurisdiction in such cities. 
    "Sect. 15. The legislature may, on application of the board of 
supervisors, provide for the election of local officers, not to exceed two 
in any county, to discharge the duties of county judge, and of surrogate in 
cases of their inability, or of a vacancy, and to exercise such other powers 
in special cases as may be provided by law. 
    "Sect. 16. The legislature may reorganize the judicial districts at the 
first session after the return of every enumeration under this constitution, 
in the manner provided for in the fourth section of this article, and at no 
other time; and they may, at such session, increase or diminish the number 
of districts, but such increase or diminution shall not, be more than one 
district at any one time. Each district shall have four justices of the 
supreme court; but no diminution of the districts shall have the effect to 
remove a judge from office. 
    "Sect. 17. The electors of the several towns shall, at their annual town 
meeting, and in such manner as the legislature may direct, elect justices of 
the peace, whose term of office shall be four years. In case of an election 
to fill a vacancy occurring before the expiration of a full term, they shall 
hold for the residue of the unexpired term. Their number and classification 
may be regulated by law. Justices of the peace and judges or justices of 
inferior courts, not of record, and their clerks, may be removed, (after due 
notice and an opportunity of being beard in their defence) by such county, 
city or state courts as may be prescribed by law, for causes to be assigned 
in the order of removal. 
    "Sect. 18. All judicial officers of cities and villages, and all such 
judicial officers is may be created therein by law, shall be elected at such 
times and in such manner as the legislature may direct. 
    "Sect. 19. The clerks of the several counties of this state shall be 
clerks of the supreme court, with such powers and duties as shall be 
prescribed by law. A clerk for the court of appeals, to be ex officio clerk 
of the supreme court, and to keep his office at the seat of government, 
shall be chosen by the electors of the state; he shall hold his office for 
three years, and his compensation shall be fixed by law and paid out of the 
public treasury. 
    "Sec. 20. No judicial officer, except justices of the peace, shall 
receive to his own use any fees or perquisites of office. 
    "Sect. 21. The legislature may authorize the judgments, decrees and 
decisions of any local inferior court of record of original civil 
jurisdiction, established removed for review directly into the court of 
appeals. 
    "Sect. 22. The legislature shall provide for the speedy publication of 
all statute laws, and of such judicial decisions as it may deem expedient. 
And all laws and judicial decisions shall be free for publication by any 
person. 
    "Sect. 23. Tribunals of conciliation may be established, with such 
powers and duties as may be prescribed by law; but such tribunals shall have 
no power to render judgment to be obligatory on the parties, except they 
voluntarily submit their matters in difference and agree to abide the 
judgment, or assent thereto, in the presence of such tribunal, in such cases 
as shall be prescribed by law." 
    "Sect. 25. The legislature, at its first session after the adoption of 
this constitution, shall provide for the organization of the court of 
appeals, and for transferring to it the business pending in the court for 
the correction of errors, and for the allowance of writs of error and 
appeals to the court of appeals, from the judgments and decrees of the 
present court of chancery and supreme court, and of the courts that may be 
organized under this constitution." 
    12. The sixth article, section 24, provides that the legislature, at its 
first session after the adoption of this constitution, shall provide for the 
appointment of three commissioners, whose duty it shall be to revise, 
reform, simplify and abridge the rules and practice, pleadings, forms and 
proceedings of the courts of record of this state, and to report thereon to 
the legislature, subject to their adoption and modification from time to 
time. 
    13. In pursuance of the provisions of this section, commissioners were 
appointed to revise the laws on the subject of the practice, pleadings and 
proceedings of the courts of this state, who made a report to the 
legislature. This report, with some alterations, was enacted into a law on 
the 12th of April, 1848, ch. 379, by which the forms of action are 
abolished, and the whole subject is extremely simplified. How it will work 
in practice, time will make manifest. 

NEWLY DISCOVERED EVIDENCE. That evidence which, after diligent search for 
it, was not discovered until after the trial of a cause. 
     2. In general a new trial will be granted on the ground that new, 
important, and material evidence has been discovered since the trial of the 
cause. 2 Wash. C. C. 411. But this rule must be received with the following 
qualifications: 1. When the evidence is merely cumulative, it is not 
sufficient ground for a new trial. 1 Sumn. 451; 6 Pick. 114; 4 Halst. 228; 2 
Caines, 129; 4 Wend. 579; 1 A. K. Marsh. 151; 8 John. 84; 15 John. 210; 5 
Ham. 375 10 Pick. 16; 7 W. & S. 415; 11 Ohio, 147; 1 Scamm. 490; 1 Green, 
177; 5 Pike, 403; 1 Ashm. 141; 2 Ashm. 69; 3 Vei in. 72; 3 A. K. Marsh. 
104. 2. When the evidence is not material. 5 S. & R. 41; 1 P. A. Browne, 
Appx. 71; 1 A. K. Marsh. 151. 3. The evidence must be discovered after the 
trial, for if it be known before the verdict has been rendered, it is not 
newly discovered. 2 Sumn. 19; 7 Cowen, 369; 2 A. K. Marsh. 42. 4. The 
evidence must be such, that the party could not by due diligence have 
discovered it before trial. 2 Binn. 582; 1 Misso. 49; 5 Halst. 250; 1 South. 
338; 7 Halst. 225; 1 Blackf. 367; 11 Con. 15; 1 Bay, 263, 491; 4 Yeates, 
446; 2 Fairf. 218; 7 Metc. 478; Dudl. G. Rep. 85; 9 Shepl. 246; 14 Vern. 
414, 558; 2 Ashm. 41, 69; 6 Miss. 600 2 Pike, 133 7 Yerg. 432; 6 Blackf. 
496; 1 Harr. 410. 

NEWSPAPERS. Papers for conveying news, printed and distributed periodically. 
     2. To encourage their circulation the act of congress of March 3, 1825, 
3 Story's L. U. S. 1994, enacts, Sec. 29. That every printer of newspapers 
may rend one paper to each and every other printer of newspapers within the 
United States, free of postage, under such regulations as the postmaster 
general shall provide. 
     3.-Sec. 30. That all newspapers conveyed in the mail shall be under 
cover, open at one end, and charged with the postage of one cent each, for 
any distance not more than one hundred miles, and one and a half cents for 
any greater distance: Provided That the postage of a single newspaper, from 
any one place to another, in the same state, shall not exceed one cent, and 
the  postmaster general shall require those who receive newspapers by post, 
to pay always the amount of one quarter's postage in advance; and should the 
publisher of any newspaper, after being three mouths previously notified 
that his paper is not taken out of the office, to which it is sent for 
delivery, continue to forward such paper in the mail, the postmaster to 
whose office such paper is sent, may dispose of the same for the postage, 
unless the publisher shall pay it. If any person employed in any department 
of the post office, shall improperly detain, delay, embezzle, or destroy any 
newspaper, or shall permit any other person to do the like, or shall open or 
permit any other to open, any mail, or packet of newspapers, not directed to 
the office where he is employed, such offender shall, on conviction thereof, 
forfeit a sum, not exceeding fifty dollars, for every such offence. And if 
any other person shall open any mail or packet of newspapers, or shall 
embezzle or destroy the same, not being directed to such person, or not 
being authorized to receive or open the same, such offender shall, on the 
conviction thereof, pay a sum not exceeding twenty dollars for every such 
offence. And if any person shall take, or steal, any packet, bag, or mail of 
newspapers, from, or out of any post office, or from any person having 
custody thereof, such person shall, on conviction, be imprisoned, not 
exceeding three mouths, for every, such offence, to be kept at hard labor 
during the period of such imprisonment. If any person shall enclose or 
conceal a letter, or other thing, or any memorandum in writing, in a 
newspaper, pamphlet, or magazine, or in any package of newspapers, 
pamphlets, or magazines, or make any writing or memorandum thereon, which he 
shall have delivered into any post office, or to any person for that 
purpose, in order that the same may be carried by post, free of letter 
postage, he shall forfeit the sum of five dollars for every such offence; 
and the letter, newspaper, package, memorandum, or other thing, shall not be 
delivered to the person to whom it is directed, until the amount of single 
letter postage is paid for each article of which the package is composed. No 
newspapers shall be received by the postmasters, to be conveyed by post, 
unless they are sufficiently dried and enclosed in proper wrappers, on 
which, besides the direction, shall be noted the number of papers which are 
enclosed for subscribers, and the number for printers: Provided, That the 
number need hot be endorsed, if the publisher shall agree to furnish the 
postmaster, at the close of each quarter, a certified statement of the 
number of papers sent in the mail, chargeable with postage. The postmaster 
general, in any contract he may enter into for the conveyance of the mail, 
may authorize the person with whom such contract is to be made, to carry 
newspapers, magazines, and pamphlets, other than those conveyed in the mail: 
Provided, That no preference shall be given to the publisher of one 
newspaper over that of another, in the same place. When the mode of 
conveyance, and size of the mail, will admit of it, such magazines and 
pamphlets as are published periodically, may be transported in the mail, to 
subscribers, at one and a half cents a sheet, for any distance riot 
exceeding one hundred miles, and two and a half cents for any greater 
distance. And such magazines and pamphlets as are not published 
periodically, if sent in the mail, shall be charged with a postage of four 
cents on each sheet, for any distance not exceeding one hundred miles, and 
six cents for any greater distance. By the act of March 3, 1851, c. 20, s. 
2, it is enacted, That all newspapers not exceeding three ounces in weight 
sent from the office of publication to actual and bona fide subscribers, 
shall be charged with postage is follows, to wit weekly only, within the 
county where published, free; for any distance not exceeding fifty miles out 
of the county, five cents per quarter; exceeding fifty, and not exceeding 
three hundred miles, ten cents per quarter; exceeding three hundred and not 
exceeding one thousand miles, fifteen cents per quarter; exceeding one 
thousand and not exceeding two thousand miles, twenty cents per quarter 
exceeding two thousand and not exceeding four thousand, twenty-five cents 
per quarter; exceeding four thousand miles, thirty cents per quarter; 
newspapers published monthly, sent to actual and bona fide subscribers, one-
fourth the foregoing rates; published semi-monthly, one-half the foregoing 
rates; semi-weekly, double those rates; tri-weekly, treble those rates; and 
oftener than tri-weekly, five times those rates; Provided, That newspapers 
not containing over three hundred square inches may be transmitted at one-
fourth the above rates. See, as to other newspapers, Postage. 

NEXT FRIEND. One who, without being regularly appointed guardian, acts for 
the benefit of an infant, married woman, or other person, not sui juris. 
Vide Amy; Prochein Amy. 

NEXT OF KIN. This term is used to signify the relations of a party who has 
died intestate. 
     2. In general no one comes within this term who is not included in the 
provisions of the statutes of distribution. 3 Atk. 422, 761; 1 Ves. sen. 84. 
A wife cannot, in general, claim as next of kin of her husband, nor a 
husband as next of kin of his wife. But when there are circumstances in a 
will which induce a belief of an intention to include them under this term, 
they will be so considered, though in the ordinary sense of the word, they 
are not. Hov. Fr. 288, 9; 1 My. & Keen, 82. Vide Branch; Kindred; Line. 

NEXUM, Rom. civ. law. Viewed as to its object and legal effect, nexum was 
either the transfer of the ownership of a thing, or the transfer of a thing 
to a creditor as a security. Accordingly in one sense nexum included 
mancipium, in another sense mancipium and nexum are opposed in the same way 
in which sale and mortgage or pledge are opposed. The formal part of both 
transactions consisted in a transfer per Des et libram. The person who 
became nexus by the effect of a nexum, placed himself in a servile 
condition, not becoming a slave, his ingenuitas being only in suspense, and 
was said nexum inire. The phrases nexi datio, nexi liberatio, respectively 
express the contracting and the release from the obligation. 
     2. The Roman law, as to the payment of borrowed money, was very strict. 
A curious passage of Gellius (xx. 1) gives us the ancient mode of legal 
procedure in the case of debt as fixed by the Twelve Tables. If the debtor 
admitted the debt, or bad been condemned in the amount of the debt by a 
judex, he had thirty days allowed him for payment. At the expiration of this 
time he was liable to the manus. injectio, and ultimately to be assigned 
over to the creditor (addictus) by the sentence of the praetor. The creditor 
was required to keep him for sixty days in chains, during which time he 
publicly exposed the debtor, on three nundinae, and proclaimed the amount of 
his debt. If no person released the prisoner by paying the debt, the 
creditor might sell him as a slave or put him to death. If there were 
several debtors, the letter of the law allowed them to cut the debtor in 
pieces, and take their share of his body in proportion to their debt. 
Gellius says that there was no instance of a creditor ever having adopted 
this extreme mode of satisfying his debt. But the creditor might treat the 
debtor, who was addictus, as a slave, and compel him to work out his debt, 
and the treatment was often very severe. In this passage Gellius does not 
speak of nexi but only of addicti, which is sometimes alleged as evidence of 
the identity of nexus and addictus, but it proves no such identity. If a 
nexus is what he is here supposed to be, the laws of the Twelve Tables could 
not apply; for when a man became nexus with respect to one creditor, he 
could not become nexus to another; and if he became nexus to several at 
once, in this case the creditors must abide by their contract in taking a 
joint security. This law of the Twelve Tables only applied to the case of a 
debtor being signed over by a judicial sentence to several debtors, and it 
provided for a settlement of their conflicting claims. The precise condition 
of a nexus has, however, been a subject of much discussion among scholars. 
Smith, Dict. Rom. & Gr. Antiq. h.v., and vide Mancipitem. 

NIECE, domestic relations: The daughter of a person's brother or sister. 
Amb. 514; 1 Jacob's Ch. R. 207. 

NIEF, old Eng. law. A woman born in vassalage. In Latin she was called 
Nativa. 

NIENT COMPRISE. Not included. It is an exception taken to a petition, 
because the thing desired is not contained in that deed or proceeding 
ultereoia the petition is founded. Toull. Law Dict. 

NIENT CULPABLE. Not guilty the name of a plea used to deny any charge of a 
real nature, or of a tort. 

NIENT DEDIRE. To say nothing. 
     2. These words are used to signify that judgment be rendered against a 
party, because he does not deny the cause of action, i. e. by default. 
     3. When a fair and impartial trial cannot be had in the county where 
the venue is laid, the practice in the English courts is, on an affidavit of 
the circumstances, to change it in transitory actions; or in local actions 
they will give leave to enter a suggestion on the roll, with a nient dedire, 
in order to have the trial in another country. 1 Tidd's Pr. 655, 8th ed. 

NIENT LE FAIT, pleading. The same as non est factum, a plea by which the 
defendant asserts that the deed declared upon is not his deed. 

NIGHT. That space of time during which the sun is below the horizon of the 
earth, except, that short space which precedes its rising and follows its 
setting, during which, by its light, the countenance of a man may be 
discerned. I Hale, P. C. 550; 3 Inst. 63; 4 Bl. Com. 224; 1 Hawk. P. C. 101; 
3 Chit. Cr. Law, 1093; 2 Leach, 710; Bac. Ab. Burglary, D; 2 East, P. C. 
509; 2 Russ. Cr. 32; Rosc. Cr. Ev. 278; 7 Dane's Ab. 134. 

NIGHT WALKERS. Persons who sleep by day and walk by night 5 E. Ill. c. 14; 
that is, persons of suspicious appearance and demeanor, who walk by night. 
     2. Watchmen may undoubtedly arrest them, and it is said that private 
persons may also do so. 2 Hawk. P. C. 120; but see 3 Taunt. 14,; Ham. N. P. 
135. Vide 15 Vin. Ab. 655; Dane's Ab. Index, h.t. 

NIHIL CAPIAT PER BREVE, practice. That he take nothing by his writ. This is 
the judgment against the plaintiff in an action, either in bar or in 
abatement. When the plaintiff has commenced his proceedings by bill, the 
judgment is nihil capiat per billam. Co. Litt. 363. 

NIHIL DICIT. He says nothing. It is the failing of the defendant to put in a 
plea or answer to the plaintiff's declaration by the day assigned; and in 
this case judgment is given against the defendant of course, as he says 
nothing why it should not. Vide 15 Vin. Ab. 556; Dane's Ab. Index, h.t. 

NIHIL HABET. The name of a return made by a sheriff, marshal, or other 
proper officer, to a scire facia.9 or other writ, when he has not been able 
to, serve it on the defendant. 5 Whart. 367. 
     2. Two returns of nihil are in general equivalent to a service. Yelv. 
112; 1 Cowen, 70; 1 Car. Law Regags. 491; 4 Blackf. 188; 2 Binn. 40. 

NIL DEBET, pleading. The general issue in debt,6r simple contract. It is in 
the following form: And the said D, by E F, his attorney, comes and defends 
the wrong and injury, when, &c. and says, that he does not owe the said sum 
of money above demanded, or any part thereof, in manner and form as the said 
A B hath above complained. And of this the said C, D puts himself upon the 
country." When, in debt on specially, the deed is the only inducement to 
the action, the general issue is nil debet. Stephens on Pleading, 174, n.; 
Dane's Ab. Index, h.t. 

NIL HABUIT IN TENEMENTIS, pleading. A plea by which the defendant, who is 
sued by his landlord in debt for rent upon a lease, but by deed indented, 
by,which he denies his landlord's title to the premises, that he has no 
interest in the tenements. 2 Lill. Ab. 214; 12 Vin. Ab. 184; 15 Vin. Ab. 556 
Woodf. L. & T. 330; Com. Dig. Pleader, 2 W 48 Co. Litt. 47 b; Dane's Ab. 
Index, h.t. 3 E. C. L. R. 169, n.; 1 Holt's R. 489. 

NISI. This word is frequently used in legal proceedings to denote that 
something has been done, which is to be valid unless something else Shall be 
done within a certain time to defeat it. For example, an order may be made 
that if on the day appointed to show cause, none be shown, an injunction 
will be dissolved of course, on motion, and production of an affidavit of 
service of the order. This is called an order nisi. Ch. Pr. 547. Under the 
compulsory arbitration law of Pennsylvania, on the filing of the award, 
judgment nisi is to be entered: which judgment is to be as valid as if it 
had been rendered on the verdict of a jury, unless an appeal be entered 
within the time required by the law. 

NISI PRIUS. These words, which signify 'unless before,' are the name of a 
court. The name originated as follows: Formerly, an action was triable only 
in the court where it was brought. But, it was provided by Magna Charta, in 
ease of the subject, that assizes of novel disseisin and mort d'ancestor 
(then the most usual remedies,) should thenceforward instead of being tried 
at Westminster, in the superior court, be taken in their proper counties; 
and for this purpose justices were to be sent into every county once a year, 
to take these assizes there. 1 Reeves, 246; 2 Inst. 422, 3, 4. These local 
trials being found convenient, were applied not only to assizes, but to 
other actions; for, by the statute of 13 Edw. I. c. 30, it is provided as 
the general course of proceeding, that writs of venire for summoning juries 
in the superior courts, shall be in the following form. Praecipimus tibi 
quod veneri facias coram justiciariis nostris apud Westm. in Octabis Seti 
Michaelis, nisi talis et talis tali, die et loco ad partes illas venerint, 
duodecim, &c. Thus the trial was to be had at Westminster, only in the event 
of its not previously taking place in the county, before the justices 
appointed to take the assizes. It is this provision of the statute of Nisi 
Prius, enforced by the subsequent statute of 14 Ed. III. c. 16, which 
authorizes, in England, a trial before the justices of assizes, in lieu of 
the superior court, and gives it the name of a trial by nisi prius. Steph. 
Pl. App. xxxiv.; 3 Bl. Com. 58; 1 Reeves, 245, 382; 2 Reeves, 170; 2 Com. 
Dig. Courts, D b, page 316. 
     2. Where courts bearing this name exist in the United States, they are 
instituted by statutory provision. 4 W. & S. 404. 

NISI PRIUS ROLL, Eng. practice. A transcript of a case made from the plea 
roll, and includes the declaration, plea, replication, rejoinder, &c. and 
the issue. Eunom. Dial. 2, Sec. 28, 29, p. 110, 111. After the nisi prius 
roll is returned from the trial, it assumes the name of posted. (q.v.) 

NO AWARD. The name of a plea to an action or award. 1 Stew. 520; f Chip. R. 
131; 3 Johns. 367. See Nul. Agard. 

NO BILL. These words are frequently used by grand juries. They are endorsed 
on a bill of indictment when the grand jury have not sufficient cause for 
finding a true bill. They are equivalent to Not found, (q.v.) or Ignoramus. 
(q.v.) 2 Nott & McC. 558. 

NOBILITY. An order of men in several countries to whom privileges are 
granted at the expense of the rest of the people. 
     2. The constitution of the United States provides that no state shall 
"grant any title of nobility; and no person can become a citizen of the 
United States until he has renounced all titles of nobility." The 
Federalist, No. 84; 2 Story, Laws U. S. 851. 3. There is not in the 
constitution any general prohibition against any citizen whomsoever, whether 
in public or private life, accepting any foreign title of nobility. An 
amendment of the constitution in this respect has been recommended by 
congress, but it has not been ratified by a sufficient number of states to 
make it a part of the constitution. Rawle on the Const. 120; Story, Const. 
Sec. 1346. 

NOLLE PROSEQUI, practice. An entry made on the record, by which the 
prosecutor or plaintiff declares that he will proceed no further. 
     2. A nolle prosequi may be entered either in a criminal or a civil 
case. In criminal cases, a nolle prosequi may be entered at any time before 
the finding of the grand jury, by the attorney general, and generally after 
a true bill has been found; in Pennsylvania, in consequence of a statutory 
provision, no nolle prosequi can be entered after a bill has been found, 
without leave of the court, except in cases of assault and battery, 
fornication and bastardy, on agreement between the parties, or in 
prosecutions for keeping tippling houses. Act of April 29, 1819, s. 4, 7 
Smith's Laws, 227. 
     3. A nolle prosequi may be entered as to one ot several defendants. 11 
East, R. 307. 
     4. The effect of a nolle prosequi, when obtained, is to put the 
defendant without day, but it does not operate as an acquittal; for he may 
be afterwards reindicted, and even upon the same indictment, fresh process 
may be awarded. 6 Mod. 261; 1 Salk. 59; Com. Dig. Indictment. K; 2 Mass. R. 
172. 
     5. In civil cases, a nolle prosequi is considered, not to be of the 
nature of a retraxit or release, as was formerly supposed, but an agreement 
only, not to proceed either against some of the defendants, or as to part of 
the suit. Vide 1 Saund. 207, note 2, and the authorities there cited. 1 
Chit. PI. 546. A nolle prosequi is now held to be no bar to a future action 
for the same cause, except in those cases where, from the nature of the 
action, judgment and execution against one, is a satisfaction of all the 
damages sustained by the plaintiff. 3 T. R. 511; 1 Wils. 98. 
     6. In civil cases, a nolle prosequi may be entered as to one of several 
counts; 7 Wend. 301; or to one of several defendants; 1 Pet. R. 80; as in 
the case of a joint contract, where one of two defendants pleads infancy, 
the plaintiff may enter a nolle prosequi, as to him, and proceed against the 
other. 1 Pick. 500. See, generally, 1 Pet. R. 74; see 2 Rawle, 334; 1 Bibb, 
337; 4 Bibb, 887, 454; 3 Cowen, 374; 5 Gill & John. 489; 5 Wend. 224; 20 
John. 126; 3 Cowen, 335; 12 Wend. 110; 3 Watts, 460. 

NOMEN COLLECTIVUM. This expression is used to signify that a word in the 
singular number is to be understood in the plural in certain cases. 
     2. Misdemeanor, for example, is a word of this kind, and when in the 
singular, may be taken as nomen collectivum, and including several offences. 
2 Barn. & Adolph. 75. Heir, in the singular, sometimes includes all the 
heirs. 

NOMEN GENERALISSIMUM. A name which applies generally to a number of things; 
as, land, which is a general name by which everything attached to the 
freehold will pass. 

NOMINAL. Relating to a name.
     2. A nominal plaintiff is one in whose name an action is brought, for 
the use of another. In this case, the nominal plaintiff has no control over 
the action, nor is he responsible for costs. 1 Dall. 1 39; 2 Watts, R. 12. 
     3. A nominal partner is one, who, without having an actual interest in 
the profits of a concern, allows his name to be used, or agrees that it 
shall be continued therein, as a partner; such nominal partner is clearly 
liable to the creditors of the firm, as a general partner, although the 
creditors were ignorant at the time of dealing, that his name was used.. 2 
H. Bl. 242, 246; 1 Esp. R. 31; 2 Campb. 302; 16 East, R. 174; 2 B. & C. 411. 

NOMINAL PLAINTIFF. One who is named as the plaintiff in an action, but who 
has no interest in it, having assigned the cause or right of action to 
another, for whose use it is brought. 
     2. In general, he cannot interfere with the rights of his assignee, nor 
will he be permitted to discontinue. the action, or to meddle with it. 1 
Wheat. R. 233; 1 John. Cas. 411; 3 John. Cas. 242; 1 Johns. R. 532, n.; 3 
Johns. R. 426; 11 Johns. R. 47; 12 John. R. 237; 1 Phil. Ev. 90; Cowen's 
note 172; Greenl. Ev. SS 173; 7 Cranch, 152. 

NOMINATE CONTRACT, civil law. Nominate contracts are those which have a 
particular name to distinguish them; as, purchase and sale, hiring, 
partnership, loan for use, deposit, and the like. Dig. 2, 14, 7, 1. 
Innominate contracts, (q.v.) are those which have no particular name. Dig. 
19, 4, 1, 2 Code, 4, 64, 3. 

NOMINATION, This word has several significations. 1. An appointment; as, I 
nominate A B, executor of this my last will. 2. A proposition; the word 
nominate is used in this sense in the constitution of the United States, 
art. 2, s. 2, the president "shall nominate, and by and with the consent of 
the senate, shall appoint ambassadors," &c. 

NOMINE POENAE, contracts. The name of a penalty incurred by the lessee to 
the lessor, for the non-payment of rent at the day appointed by the lease or 
agreement for its payment. 2 Lill. Ab. 221. It is usually a gross sum of 
money, though it may be any thing else, appointed to be paid by the tenant 
to the reversioner, if the duties are in arrear, in addition to the duties 
themselves. Ham. N. P. 411, 412. 
     2. To entitle himself to the nomine paenae, the landlord must make a 
demand of the rent on the very day, as in the case of a reentry. 1 Saund. 
287 b, note; 7 Co. 28 b Co. Litt. 202 a; 7 T. R. 11 7. A distress cannot be 
taken for a nomine paenae, unless a special power to distrain be annexed to 
it by deed. 3 Bouv. Inst. n. 2451. Vide Bac. Ab. Rent, K 4; Woodf. L. & T. 
253; Tho. Co. Litt. Index, h.t.; Dane's Ab. Index, h.t. 

NOMINEE. One who has been named or proposed for an office.

NON. Not. When prefixed to other words, it is used as a negative as non 
access, non assumpsit. 

NON ACCEPTAVIT. The name of a plea to an action of assumpsit brought against 
the drawee of a bill of exchange upon a supposed acceptance by him. See 4 
Mann. & Gr. 561; S. C. 43 E. C. L. R. 292. 

NON ACCESS. The non existence of sexual intercourse is generally expressed 
by the words "non access of the husband to the wife" which expressions, in a 
case of bastardy, are understood to mean the same thing. 2 Stark Ev. 218, n. 
     2. In Pennsylvania, when the husband has access to the wife, no 
evidence short of absolute impotence of the husband, is sufficient to 
convict a third person of bastardy with the wife. 6 Binn. 283. 
     3. In the civil law the maxim is, Pater is est quem nupticae 
demonstrant. Toull. tom. 2, n. 787. The Code Napoleon, art. 312, enacts, 
"que l'enfant concu pendant le mariage a pour pere le mari." See also 1 
Browne's R. Appx. xlvii. 
     4. A married woman cannot prove the non access of her husband. Id. See 
8 East, 202; 4 T. R. 251; 11 East, 132; 13 Ves. 58; 8 East, R. 193; 12 East, 
R. 550; 4 T. R. 251, 336; 11 East, R. 132; 6 T. R. 330. 

NON AGE. By this term is understood that period of life from the birth till 
the arrival of twenty-one years. In another sense it means under the proper 
age to be of ability to do a particular thing; as, when non age is applied 
to one under the age of fourteen, who is unable to marry. 

NON ASSUMPSIT, pleading. The general issue in trespass on the case, in the 
species of assumpsit. Its form is, "And the said C D, by E F, his attorney, 
comes and defends the wrong and injury, when, &c., and says, that he did not 
undertake or promise in manner and form as the said A B, hath above 
complained. And of this he puts himself upon the country." 
     2. Under this plea almost every matter may be given in evidence, on the 
ground, it is said, that as the action is founded on the contract, and the 
injury is the non, performance of it, evidence which disaffirms the 
obligation of the contract, at the time when the action was commenced, goes 
to the gist of the action. Gilb. C. P. 6 5; Salk. 27 9; 2 Str. 738; 1 B. & 
P. 481. Vide 12 Vin. Ab. 189; Com Dig. Pleader, 2 G 1. 

NON ASSUMPSIT INFRA SEX ANNOS. The name of a plea by which the defendant 
avers that he did not assume to perform the assumption charged in the 
declaration within six years. 
     2. The act of limitation bars the recovery of a simple contract debt 
after six years; when a defendant is sued on such a contract, and it is more 
than six years since he entered into the contract, he pleads this plea by 
the following formula: "and saith that the aforesaid plaintiff the action 
aforesaid hereof against him he ought not to have, because he saith that he 
did not undertake, &c., and this he is ready to verify." Vide _dio non 
accrevit infra sex annos. 

NON BIS IN IDEM, civil law. This phrase signifies that no one shall be twice 
tried for the same offence; that is, that when a party accused has been once 
tried by a tribunal in the last resort, and either convicted or acquitted, 
he shall not again be tried. Code 9, 2, 9 & 11. Merl. Repert. h.t. Vide 
art. Jeopardy. 

NON CEPIT MODO ET FORMA, pleading. The general issue in replevin. Its form 
is, "And the said C D, by E F, his attorney, comes and defends the wrong and 
injury, when, &c., and says, that he did not take the said cattle, (or ' 
goods and chattels,' according. to the subject of the action,) in the said 
declaration mentioned or any of them, in manner and form as the said A B 
hath above complained. And of this the said C D puts himself upon the 
country." 
     2. This issue applies to a case where the defendant has not, in fact, 
taken the cattle or goods, or where he did not take them, or have them in 
the place mentioned in the declaration. The declaration alleges that the 
defendant "took certain cattle or goods of the plaintiff, in a certain 
place called," &c.; and the general issue states, that he did not take the 
said cattle or goods, in manner and form as alleged;" which involves a 
denial of the taking and of the place in which the taking was alleged to 
have been, the place being a material point in this action. Steph. PI. 183, 
4; 1 Chit. Pl. 490. 

NON CLAIM. An omission or neglect by one entitled to make a demand within 
the time limited by law; as, when a continual claim ought to be made, a 
neglect to make such claim within a year and a day. 

NON COMPOS MENTIS, persons. These words signify not of sound mind, memory, 
or understanding. This is a generic term, and includes all the species of 
madness, whether it arise from, 1, idiocy;  2, sickness 3, lunacy or 4, 
drunkenness. Co. Litt. 247; 4 Co. 124; 1 Phillim. R. 100; 4 Com. Dig. 613; 5 
Com. Dig. 186; Shelf. on Lunatics, 1; and the articles Idiocy; Lunacy. 

NON CONCESSIT, Eng. law. The name of a plea by which the defendant denies 
that the crown granted to the plaintiff by letters patent, the rights which 
he claims as a concession from the king; as, for example, when a plaintiff 
sues another for the infringement of his patent right, the defendant way 
deny that the crown has granted him such a right. 
     2. The plea of non concessit does not deny the grant of a patent, but 
of the patent as described in the plaintiff's declaration. 3 Burr. 1544; 6 
Co. 15, b. 

NON CONFORMISTS English law. A name given to certain dissenters from the 
rites and ceremonies of the church of England. 

NON CONSTAT. It does not appear. These words are frequently used, 
particularly in argument; as, it was moved in arrest of judgment that the 
declaration was not good, because non constat whether A B was seventeen 
years of age when the action was commenced. Sw. pt. 4, SS 22, p. 331. 

NON CULPABILIS, pleading. Not guilty. (q.v.) It is usually abbreviated non 
cul. 16 Vin. Ab. 1. 

NON DAMNIFICATUS, pleading. A plea to an action of debt on a bond of 
indemnity, by which the defendant asserts that the plaintiff has received no 
damage; in other words that he is not damnified. 1 B. & P. 640, n. a; 1 
Taunt. R. 428; 1 Saund. 116, n. 1; 2 Saund. 81; 7 Wentw. PI. 615, 616; 1 H. 
Bl. 253; 2 Lill. Ab. 224; 14 John R. 177; 5 John. R. 42; 20 John. Rep. 153; 
3 Cowen, R. 313; 10 Wheat R. 396, 405; 3 Halst. R. 1. 

NON DEDIT, pleading. The general issue in formedon. See Ne dona pas. 

NON DEMISIT, pleading. A plea proper to be pleaded to an action of debt for 
rent, when the plaintiff declares on a parol lease. Gilb. Debt, 436, 438; 
Bull. N. P. 177; 1 Chit. Pl. 477. 
     2. It is improper to plead such plea when the demise is stated to have 
been by indenture. Id.; 12 Vin. Ab. 178; Com. Dig. Pleader, 2 W 48. 

NON DETINET, pleading. The general issue in an action of detinue. Its form 
is as follows:: And the said C D, by E F, his attorney, comes and defends 
the wrong and injury, when, &c., and says, that he does not detain the said 
goods and chattels (or, deeds and writings,' according to the subject of the 
action,) in the said declaration specified, or any part thereof, in manner 
and form as the said A B bath above complained. And of this the said C D 
puts himself upon the country." 
     2. In debt on simple contract, in the case of executors and 
administrators, instead of pleading nil debet, the plea should be "doth, not 
detain.". 6 East, R. 549; Bac. Abr. Pleas, I; 1 Chit. PI. 476. 3. The plea 
of non detinet merely puts in issue the simple fact of detainer; when the 
defendant relies upon a justifiable detainer, he must plead it specially. 8 
D. P C. 347. 

NON EST FACTUM, pleading. The general issue in debt on bond or other 
specialty, and is, in form, as follows: "I and the said C D, by E F, his 
attorney, comes and defends the wrong and injury, when, &c., and says, that 
the said supposed writing obligatory, (or 'indenture,' or 'articles of 
agreement,' according to the subject of the action,) is not his deed. And of 
this he puts himself upon the country." 6 Rand. Rep. 86; 1 Litt. R. 158. 
     2. Though non est factum is, in most cases, the general issue in debt 
on specialty, yet, when the deed is only inducement to the action, the 
general issue is nil debet. Steph. Pl. 174, n. 
     3. In covenant tlie general issue is non est factum; and its form is 
similar to that in debt on a specialty. Id. 174. It is, however, said, that 
in covenant there is, strictly speaking, no general issue, as the plea of 
non est factum only puts the deed in issue, as in debt on a specialty, and 
not the breach of covenant or any other matter of defence. 1 Chit. PI. 482. 
See generally, 1 Harring. R. 230; 6 Munf. R. 462; Minor, R. 103; 1 Harr. & 
Gill, 324; 13 John. R, 430; 12 John. R. 337; 2 N. H. Rep. 74; 4 Wend. R. 
519; 2 N. &  M. 492. See Issint; Special non est factum. 

NON EST INVENTUS, practice. The sheriff's return to a writ requiring him to 
arrest the person of the defendant, which signifies that he is not to be 
found within his jurisdiction. The return is usually abbreviated N. E. I. 
Chit. Pr. Index, L. t. 

NON FEASANCE, torts, contracts. The non-performance of some act which ought 
to be performed. 
     2. When a legislative act requires a person to do a thing, its non 
feasance will subject the party to punishment; as, if a statute require the 
supervisors of the highways to repair such highways, the neglect to repair 
them may be punished. Vide 1 Russ. on Cr. 48. 
     3. Mere non-feasance does not imply malice; this is strongly 
exemplified in the case of a plaintiff, who, having issued a writ of capias 
against his debtor, afterwards received the debt, and neglected to 
countermand the writ, in consequence of which the defendant was afterwards 
arrested. On a suit brought by the former defendant against the former 
plaintiff, it was held that the law did not impose on the first plaintiff 
the duty of countermanding his writ. If he had refused to give the 
countermand when requested, it might have been evidence of malice, but in 
such case there would have been something beyond mere non-feasance, an 
actual refusal. 1 B & P. 388; 3 East, R. 314; 2 Bos. & P. 129. 
     4. There is a difference between nonfeasance and misfeasance, (q.v.) 
or malfeasance. (q.v.) Vide 2 Kent, Com. 443 Story on Bailm. Sec. 9, 165; 2 
Vin. Ab. 35 1 Hawk. P. C. 13; Bouv. Inst. Index, h.t. 

NON FECIT. He did not make it. The name of a plea, for example, in an action 
of assumpsit on a promissory note. 3 Mann. Gr. 446. 

NON FECIT VASTUM CONTRA PROHIBITIONEM. The name of a plea to an action 
founded on a writ of estrepement, that the defendant did not commit waste 
contrary to the prohibition. 3 Bl. Com. 226, 227. 

NON INFREGIT CONVENTIONEM, pleading. A plea in an action of covenant. This 
plea is not a general issue, it merely denies that the defendant has broken 
the covenants on which he is sued. It being in the negative, it cannot be 
used where the breach is also in the negative. Bac Ab. Covenant L; 3 Lev. 
19; 2 Taunt. 278; 1 Aik. R. 150; 4 Dall. 436; 7 Cowen, R. 71. 

NON JOINDER, pleading, practice. The omission of some one of the persons who 
ought to have been made a plaintiff or defendant along with others is called 
a non joinder. 
     2. In actions upon contracts, where the contract has been made, with 
several, if their interest were joint, they must all, if living, join in 
the action for its breach. 8 S., & R. 308; 10 S. & R. 257; Minor, 167; 
Hardin, 508. In such case the non joinder must be pleaded in abatement. Id.; 
3 Bouv. Inst. n. 2749. 

NON JURORS, English law. Persons who refuse to take the oaths, required by 
law, to support the government. 1 Dall. 170. 

NON LIQUET. It is not clear.

NON MODERATE CASTIGAVIT. The name of a faulty replication to a plea of 
moderate castigavit. (q.v.) This replication, in such a case, is a 
negative. pregnant. Gould, PI. ch. 7, SS 37. 

NON OBSTANTE, Eng. law. These words, which literally signify 
notwithstanding, are used to express the act of the English king, by which 
he dispenses with the law, that is, authorizes its violation. 
     2. He cannot by his license or dispensation make an offence 
dispunishable which is malum in se; but in certain matters which are mala 
prohibita, be may, to certain persons and on special occasions, grant a non 
obstante. 1 Th. Co. Litt. 76, n. 19; Vaugh. 330 to 359; Lev. 217; Sid. 6, 7; 
12 Co. 18; Bac. Ab. Prerogative, D. 7. Vide Judgment non obstante veredicto. 

NON OBSTANTE VEREDICTO. Notwithstanding the verdict. See Judgment non 
obstante veredicto. 

NON OMITTAS, English practice. The name of a writ directed to the sheriff 
Where the bailiff of a liberty or franchise, who has the return of writs, 
neglects or refuses to serve a process, this writ issues commanding the 
sheriff to enter into the franchise and execute the process himself, or by 
bis officer, non omittas propter aliquam libertatem. For the despatch of 
business a non omittas is commonly directed in the first instance. 3 Chit. 
Pr. 190, 310. 

NON PROS, or NON PROSEQUITUR. The name of a judgment rendered against a 
plaintiff for neglecting to prosecute his suit agreeably to law and the 
rules of the court. Vide Grah. Pr. 763; 3 Chit. Pr. 910; 1 Sell. Pr. 359; 1 
Penna. Pr. 84; Caines' Pr. 102; 2 Arch. Pr. 204 and article Judgment of Non 
Pros. 

NON RESIDENCE, eccl. law. The absence of spiritual persons from their 
benefices. 

NON SUBMISSIT. The name of a plea to an action of debt or a bond to perform 
an award, by which the defendant pleads that he did not submit. Bac. Ab. 
Arbitr. &c., G. 

NON SUM INFORMATUS, pleading. I am not informed. Vide lnformatus non SUM. 

NON TENENT INSIMUL, pleadings. A plea to an action in partition, by which 
the defendant denies that he holds the property, which is the subject of the 
suit, together with the complainant or plaintiff. 

NON TENUIT. He did not hold. The name of a plea in bar in replevin, when the 
plaintiff has avowed for rent arrear, by which the plaintiff avows that he 
did not hold in manner and form as the avowry alleges. 

NON TENURE, pleading. A plea in a real action, by which the defendant 
asserted, that he did not hold the land, or at least some part of it, as 
mentioned in the plaintiff's declaration. 1 Mod. 250. 
     2. Non tenure is either a plea in bar or a plea in abatement. 14 Mass. 
239; but see 11 Mass. 216. It is in bar, when the plea goes to the tenure, 
as when the tenant denies that he holds of the defendant, and says he holds 
of some other person, But when the plea goes to the tenancy of the land, as 
when the defendant pleads that be is not the tenant of the land, it is in 
abatement only. Id.; Bac. Ab. Pleas, &c., I 9. 

NON TERM. The vacation between two terms of a court. 

NON USER. The neglect to make use of a thing. 
     2. A right which may be acquired by use, may be lost by non-user, and 
an absolute discontinuance of the use for twenty years affords presumption 
of the extinguishment of the right, in favor of some others adverse right. 5 
Whart. Rep. 584; 23 Pick. 141. 
     3. As an enjoyment for twenty years is necessary to found the 
presumption of a grant of an easement, the general rule is, there must be a 
similar non-user to raise the presumption of a release. But in this case the 
owner of the servient premises must have done some act inconsistent with, or 
adverse to the existence of the right. See 2 Evans's Pothier, 136; 10 Mass. 
R, 183; 3 Campb. R. 614; 3 Kent, Com. 359; 1 Chit. Pr. 284, 285, 767 to 
759, n. (s); 1 Ves. jr. 6, 8; 2 Supp. to Ves. jr. 442; 2 Anstr. 603; S. C. 
on appeal, 1 Dowl. R. 316; 4 Ad. & Ell 369; 6 Nev. & M. 230. But the 
dereliction or abandonment of rights affecting lands is not in all cases 
held to be evidenced by mere non-user. 
     4. As an exception to the rule may be mentioned rights to mines and 
minerals, with the incidental privilege of boring and working them. 16 Ves. 
390; 19 Ves. 166. 
     5. In the civil law there is a similar doctrine: on this subject, Vide 
Dig. 8, 6, 5; Voet, Com. ad Pand. lib. 8, tit. 6, s. 5 et 7; 3 Toull. n. 
673; Merl. Repert. mot Servitude, Sec. 30, n. 6, and Sec. 33; Civ. Code of 
Louis. art. 815, 816. 
     6. Every public officer is required to use his office for the public 
good; a non-user of a public office is therefore a sufficient cause of 
forfeiture. 2 Bl. Com. 153; 9 Co. 60. Non user, for a great length of time, 
will have the effect of repealing an old law. But it must be a very strong 
case which will have that effect. 13 S. & R. 452; 1 Bouv. Inst. n. 94. 

NONSENSE, construction. That which in a written agreement or will is 
unintelligible. 
     2. It is a rule of law that an instrument shall be so construed that 
the whole, if possible, shall stand. When a matter is written grammatically 
right, but it is unintelligible, and the whole makes nonsense, some words 
cannot be rejected to make sense of the rest; 1 Salk. 324; but when matter 
is nonsense by being contrary and repugnant to, some precedent sensible 
latter, such repugnant matter is rejected. Ib.; 15 Vin. Ab. 560; 14 Vin. Ab. 
142. The maxim of the civil law on this subject agrees with this rule: Quae 
in testamento ita sunt scripta, ut intelligi non possent: perinde sunt, ac 
si scripta non essent. Dig. 50,17,73,3. Vide articles Ambiguity; 
Construction; Interpretation. 
     3. In pleading, when matter is nonsense by being contradictory and 
repugnant to something precedent, the precedent matter, which is sense, 
shall not be defeated by the repugnancy which follows, but that which is 
contradictory shall be rejected; as in ejectment where the declaration is of 
a demise on the second day of January, and that the defendant postea 
scilicet, on the first of January, ejected him; here the scilicet may be 
rejected as being expressly contrary to the postea and the precedent matter. 
5 East, 255; 1 Salk. 324. 

NON SUIT. The name of a judgment given against a plaintiff, when be is 
unable to prove his case, or when he refuses or neglects to proceed to the 
trial of a cause after it has been put at issue, without determining such 
issue. 
     2. It is either voluntary or involuntary. 
     3. A voluntary nonsuit is an abandonment of his cause by a plaintiff, 
and an agreement that a judgment for costs be entered against him. 
     4. An involuntary nonsuit takes place when the 'Plaintiff on being 
called, when his case is before the court for trial, neglects to appear, or 
when he has given no evidence upon which a jury could find a verdict. 13 
John. R. 334.  
     5. The courts of the United States; 1 Pet. S. C. R. 469, 476; those of 
Pennsylvania; 1 S. & R. 360; 2 Binn. R. 234, 248; 4 Binn. R. 84; 
Massachusetts; 6 Pick. R. 117; Tennessee; 2 Overton, R. 57; 4 Yerg. R. 528; 
and Virginia; 1 Wash. R. 87, 219 cannot order a nonsuit against a plaintiff 
who has given evidence of his claim. In Alabama, unless authorized by 
statute, the court cannot order a nonsuit. Minor, R. 75; 3 Stew. R. 42. 
     6. In New York; 13 John. R 334; 1 Wend. R. 376; 12 John. R. 299; South 
Carolina; 2 Bay, R. 126, 445; 2 Bailey, R. 321; 2 McCord, R. 26; and Maine; 
2 Greenl. R. 5; 3 Greenl. R. 97; a nonsuit may in general be ordered where 
the evidence is insufficient to support the action. Vide article Judgment of 
Nonsuit, and Grah. Pr. 269; 3 Chit. Pr. 910; 1 Sell. Pr. 463; 1 Arch. Pr. 
787; Bac. Ab. h.t.; 15 Vin.  Ab. 560. 

NORTH CAROLINA. The name of one of the original states of the United States 
of America. The territory which now forms this state was included in the 
grant made in 1663 by Charles II. to Lord Clarendon and others, of a much 
more extensive country. The boundaries were enlarged by a new charter 
granted by the same prince to the same proprietaries, in the year 1665. By 
this charter the proprietaries were authorized to make laws, with the assent 
of the freemen of the province or their delegates, and they were invested 
with various other powers. Being dissatisfied with the form of government, 
the proprietaries procured the celebrated John Locke to draw a plan of 
government for the colony, which was adopted and proved to be impracticable; 
it was highly exceptionable on account of its disregard of the principles of 
religious toleration and national liberty, which are now universally 
admitted. After a few years of unsuccessful operation it was abandoned. The 
colony had been settled at two points, one called the Northern and the other 
the Southern settlement, which were governed by separate legislatures. In 
1729, the proprietaries surrendered their charter, when it became a royal 
province, and was governed by a commission and a form of government in 
substance similar to that established in other royal provinces. In 1732, the 
territory was divided, and the divisions assumed the names of North Carolina 
and South Carolina. 
     2. The constitution of, North Carolina was adopted December 18, 1776. 
To this constitution amendments were made in convention, June 4, 1835, 
which were ratified by the people on the 9th day of November of the same 
year, and took effect on the 1st day of January, 1836. 
     3. The powers of the government are distributed into three branches, 
the legislative, the executive, and the judiciary. 
     4.-Sec. 1. The legislative power is vested in a senate and in a house 
of commons, and both are denominated the general assembly. These will be 
separately, considered. 
     5.-1st. In treating of the senate, it will be proper to take a view 
of, 1. The qualifications of senators. 2. Of electors of senators. 3. Of the 
number of senators. 4. Of the time for which they are elected. 
     6.-1. The first article, section 3, of the amendments, provides: All 
freemen of the age of twenty-one years, (except as is hereinafter declared,) 
who have been inhabitants of any one district within, the state twelve 
months immediately preceding the day of any election, and possessed of a 
freehold within the same district of fifty acres of land for six months next 
before and at the day of election, shall be entitled to vote for a member of 
the senate; consequently no free negro or free person of mixed blood, 
descended from negro ancestors to the fourth generation inclusive, can be a 
senator, as such persons cannot be voters. The 4th article, sec. 2, of the 
amendments, declares that no person who shall deny the being of God, or the 
truth of the Christian religion, or the divine authority of the Old or New 
Testament, or who shall hold religious principles incompatible with the 
freedom or safety of the state, shall be capable of holding any office or 
place of trust or profit in the civil department within this state. And the 
fourth section of the article directs that no person who shall hold any 
office or place of trust or profit under the United States, or any 
department thereof, or under this state, or any other state or government, 
shall hold or exercise any other office or place of trust or profit under 
the authority of this state, or be eligible to a seat in either house of the 
general assembly: Provided, that nothing herein contained shall extend to 
officers, in the militia or justices of the peace. The 31st section of the 
constitution provides that no clergyman, or preacher of the gospel, of any 
denomination, shall be capable of being a member of either the senate, house 
of commons, or council of state, while he continues in the exercise of his 
pastoral function. 2. The first article of the amendments, provides, section 
3, Sec. 2, that all free men of the age of twenty-one years, (except as 
hereinafter declared,) who have been inhabitants of any one district within 
the state twelve months immediately preceding the day of any election, and 
possessed of a freehold within the same district of fifty acres of land, for 
six months next before and at the day of election, shall be entitled to vote 
for a member of the senate. And Sec. 3, no negro, free, mulatto, or free 
person of mixed blood, descended from negro ancestors to the fourth 
generation inclusive, (though one ancestor of each generation may have been 
a white person,) shall vote for members of the senate or house of commons. 
3. The senate consists of fifty representatives. Amend. art. 1, s. 1. 4. 
They are chosen biennially by ballot. Id. 
     7.-2d. The house of commons will be considered in the same order 
which has been observed in speaking of the senate. 1. The sixth section of 
the constitution requires that each member of the house of commons shall 
have usually resided in the county in which he is chosen for one year 
immediately preceding his election, and for six months shall have possessed, 
and continue to possess, in the county which be represents, not less than 
one hundred acres of land in fee, or for the term of his own life. The 
disqualifications of persons for membership in the house of commons will be 
found ante, under the bead senate. 
     2. The qualifications of voters for members of the house of commons 
are, by sect. 8 of the constitution, that all freemen of the age of twenty-
one years, who have been inhabitants of any one county within the state 
twelve months immediately preceding the day of any election, and shall have 
paid public taxes, shall be entitled to vote for members of the house of 
commons, for the county in which be resides. And by Sec. 9, that all persons 
possessed of a freehold, in any town in this state, having a right of 
representation, and also all freemen, who have been inhabitants of any such 
town twelve months next before, and at the day of election, and shall have 
paid public taxes, shall be entitled to vote for a member to represent such 
town in the house of commons; Provided, always, that this section shall not 
entitle any inhabitant of such town to vote for members of the house of 
commons for the county in which he may reside; nor ally freeholder in such 
county, who resides without or beyond the limits of such town, to vote for a 
member of the said town. But mulattoes, or persons of a mixed blood, are not 
voters. Amend. art. 1, sect. 3, Sec. 3. 
     3. The Amendments, article 1, section 1, Sec. 2, 3, and 4, direct bow 
the house of commons shall be composed, as follows: The house of commons 
shall be composed of one hundred and twenty representatives, biennially 
chosen by ballot, to be elected by counties according to their federal 
population; that is, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, including those 
bound to service for a term, of years, and excluding Indians not taxed, 
three-fifths of all other, persons; and each county shall have at least one 
member in the house of commons, although it may not contain the requisite 
ratio of population. This apportionment shall be made by the general 
assembly, at the respective times and periods when the districts for the 
senate are hereinbefore directed to be laid off; and the said apportionment 
shall be made according to an enumeration to be ordered by the general 
assembly, or according to the census which may be taken by order of 
congress, next preceding the making such apportionment. In making the 
apportionment in the house of commons, the ratio of representation shall be 
ascertained by dividing the amount of federal population in the state, after 
deducting that comprehended within those counties which do not severally 
contain the one hundred and twentieth part of the entire federal population 
aforesaid, by the number of representatives less than the number assigned to 
the said counties. To each county containing the said ratio, and not twice 
the said ratio, there shall be assigned one representative; 'to each county 
containing twice, but not three times the said ratio, there shall be 
assigned two representatives, and so on progressively; and then the 
remaining representatives shall be assigned severally to the counties having 
the largest fractions. 4. They are elected biennially. 
     8.-Sec. 2. The executive power is regulated by the amendments of the 
constitution, article 2, as follows, namely: 
     Sec. 1. The governor shall be chosen by the qualified voters for the 
members of the house of commons, at such time and places as members of the 
general assembly are elected. 
     Sec. 2. He shall hold his office for the term of two years from the 
time of bis installation, and until another shall be elected and qualified; 
but he shall not be eligible more than four years in any term of six years. 
     Sec. 3. The returns of every election for governor shall be sealed up 
and transmitted to the seat of government, by the returning officers, 
directed to the speaker of the senate, who shall open and publish them in 
the presence of a majority of the members of both houses of the general 
assembly. The person having the highest number of votes shall be governor; 
but if two or more shall be equal and highest in votes, one of them shall be 
chosen governor by joint vote of both houses of the general assembly. 
     Sec. 4. Contested elections for governor shall be determined by both 
houses of the general assembly, in such manner as shall be prescribed by 
law., SS 5. The governor elect shall enter on the duties of the office on 
the first day of January next after his election, having previously taken 
the oath of office in the presence of the members of both branches of the 
general assembly, or before the chief justice of the supreme court, who, in 
case the governor elect should be prevented from attendance before the 
general assembly, by sickness or other unavoidable cause, is authorized to 
administer the same. 
      9.-Sec. 3. The judicial powers are vested in supreme courts of law 
and equity, courts of admiralty, and justices of the peace. 

NOSOCOMI, civil law. Persons who have the management and care of hospitals 
for paupers. Clef Lois Rom. mot Administrateurs. 

NOT FOUND. These words are endorsed on a bill of indictment by a grand 
jury,.when they have not sufficient evidence to find a true bill; the same 
as Ignoramus. (q.v.) 

NOT GUILTY, pleading. The general issue in several sorts of actions. It is 
the general issue. 
     2. In trespass, its form is as follows: "And the said C D, by E F, his 
attorney, comes and defends the, force and injury, when, &c., and says, that 
he is not guilty of the said trespasses above laid to his charge, or any 
part thereof, in the manner and form as the said A B hath above complained. 
And of this the said C D puts himself upon the country." 
     3. Under this issue the defendant may give in evidence any matter which 
directly controverts the truth of any allegation, which the plaintiff on 
such general issue will be bound to prove; 1 B. & P. 213; and no person is 
bound to justify who is not, prima facie, a trespasser. 2 B. & P. 359: 2 
Saund. 284, d. For example, the plea of not guilty is proper in trespass to 
persons, if the defendant have committed no assault, battery, or 
imprisonment, &c.; and in trespass to personal property, if the plaintiff 
had no property in the goods, or the defendant were not guilty of taking 
them, &c.; and in trespass to real property, this plea not only puts in 
issue the fact of trespass, &c, but also the title, which, whether freehold 
or possessory in the defendant, or a person under whom he claims, may be 
given in evidence under it, which matters show, prima facie, that the right 
of possession, which is necessary in trespass, is not in the plaintiff, but 
in the defendant or the person under whom he justifies. 8 T. R. 403; 7 T. R. 
354; Willes, 222; Steph. PI. 178; 1 Chit. PI. 491, 492. 
     4. In trespass on the case in general, the formula is as follows: "And 
the said C D, by E F his attorney, comes and defends the wrong and injury 
when, &c., and says, that he is not guilty of the premises above laid to his 
charge, in manner and form as the said A B hath above complained. And of 
this the said C D puts himself on the country." 
     5. This, it will be observed, is a mere traverse, or denial, of the 
facts alleged in the declaration; and therefore, on principle, should be 
applied only to cases in which the defence rest's on such denial. But here a 
relaxation has taken place, for under this plea, a defendant is permitted 
not only to contest the truth of the declaration, but with some exceptions, 
to prove any matter of defence, that tends to show that the plaintiff has no 
cause of action, though such matters be in confession and avoidance of the 
declaration; as, for example, a release given, or satisfaction made. Steph. 
Pl. 182-3; 1 Chit. Pi. 486. 
     6. In trover. It is not usual in this action to plead any other plea, 
except the statute of limitations; and a release, and the bankruptcy of the 
plaintiff, may be given in evidence under the general issue.  7 T. R. 391 
     7. In debt on a judgment suggesting a devastavit, an executor may plead 
not  guilty. 1 T. R. 462. 
     8. In criminal cases, when the defendant  wishes to put himself on his 
trial, he pleads  not guilty. 

NOT POSSESSED. A plea sometimes used in actions of trover, when the 
defendant was not possessed of the goods at the commencement of the action. 
3 Mann. &  Gr. 101, 103. 

NOTARY or NOTARY PUBLIC. An officer appointed by the executive, or other  
appointing power, under the laws of different states. 
     2. Their duties are generally prescribed by such laws. The most usual 
of which are, l. To attest deeds, agreements and other instruments, in order 
to give them authenticity. 2. To protest notes, bills of exchange, and the 
like. 3. To certify copies of agreements and other instruments. 
     3. By act of congress, Sept. 16, 1850, Minot's Statutes at Large. U. S. 
458, it is enacted, That, in all cases in which, under the laws of the 
United States, oaths, or affirmations, or acknowledgments may now be taken 
or made before any justice or justices of the peace of any state or 
territory, such oaths, affirmations, or acknowledgments may be hereafter 
also taken or made by or before any notary public duly appointed in any 
state or territory, and, when certified under, the hand and official seal of 
such notary, shall have the name force and effect as if taken or made by or 
before such justice or justices of the peace. And all laws and parts of laws 
for punishing perjury, or subornation of perjury, committed in any such 
oaths or affirmations, when taken or made before any such justice of the 
peace, shall apply to any such offence committed in any oaths or 
affirmations which may be taken under this act before a notary public, or 
commissioner, as hereinafter named: Provided always, That on any trial for 
either of these offences, the seal and signature of the notary shall not be 
deemed sufficient in themselves to establish the official character of such 
notary, but the same shall be shown by other and proper evidence. 
     4. Notaries, are of very ancient origin they were well known among the 
Romans, and exist in every state of Europe, and particularly on the 
continent. 
     5. Their acts have long been respected by the custom of merchants and 
by the courts of all nations. 6 Toull. n. 211, note. Vide, generally, Chit. 
Bills, Index, h.t.; Chit. Pr. Index,, h.t.; Burn's Eccl. Law, h.t.; Bro. 
Off. of a Not. passim; 2 Har. & John. 396; 7 Vern. 22; 8 Wheat. 326; 6 S. & 
R. 484; 1 Mis. R. 434. 

NOTE, estates, conv., practice. The fourth part of a fine of lands: it is an 
abstract of the writ of covenant and concord, and is only a, doequet taken 
by the chirographer, from which he draws up the indenture. It is sometimes 
taken in the old books for the concord. Cruise, Dig. tit. 35, c. 2, 51. 

NOTE OF HAND, contracts. Another name, less technical, for a promissory 
note. (q.v.) 2 Bl. Com. 467. Vide Bank note; Promissory note, Reissuable 
note. 

NOTES, practice. Short statements of what transpires on the trial of a 
cause; they are generally made by the judge and the counsel, for their Own 
satisfaction. 
     2. They are not, per se, evidence on another trial, not being in the 
nature of a deposition. 4 Binn. R. 110. But such notes were admitted in a 
court of equity as evidence of what had been stated by a witness at the 
trial of an action at law. 3 Y. & C. 413., And a verdict was amended, in a 
court of law, from the notes of the judges. 11 Ad. & El. 179; S. C. 39 Eng. 
C L R. 38; see 5 Whart. 156; 5 Watts & S. 51. 
     3. Notaries formerly made notes, matrix, by abbreviations, from which 
they made their records, and engrossed the acts which were passed before 
them. This original is now called the minutes. The notes of the 
prothonotaries and clerks of courts are called minutes. 

NOTICE. The information given of some act done, or the interpellation by 
which some act is required to be done. It also signifies, simply, knowledge; 
as A had notice that B was a slave. 5 How. S. C. Rep. 216; 7 Penn. Law 
Journ. 119. 
     2. Notices should always be in writing; they should state, in precise 
terms, their object, and be signed by the proper person, or his authorized 
agent, be dated, and addressed to the person to be affected by them. 
     3. Notices are actual, as when they are directly given to the party to 
be affected by them; or constructive, as when the party by any circumstance 
whatever, is put upon inquiry, which amounts in judgment of law to notice, 
provided the, inquiry becomes a duty. Vide 2 Pow. Mortg. 561 to 662; 2 
Stark. Ev. 987; 1 Phil. Ev. Index, b. t.; 1 Vern. 364, n.; 4 Kent, Com. 172; 
16 Vin. Ab. 2; 2 Supp. to Ves. jr. 250; Grah. Pr. Index, h.t.; Chit. PI. 
Index, h.t.; 2 Mason, 531; 14 Pick. 224; 4 N. H. ]Rep. 397; 14 S. & R. 333; 
Bouv. Inst. Index, h.t. 
     4. With respect to the necessity for giving notice, says Mr. Chitty, 1 
Pr. 496, the rules of law are most evidently founded on good sense and so as 
to accord with the intention of the parties. The giving notice in certain 
cases obviously is in the nature of a condition precedent to the right to 
call on the other party for the performance of his engagement, whether his 
contract were express or implied. Thus, in the familiar instance of bills of 
exchange and promissory notes, the implied contract of an indorser is, that 
be will pay the bill or note, provided it be not paid, on presentment at 
maturity, by the acceptor or maker, (being the party primarily liable, and 
provided that he (the indorser) has due notice of the dishonor, and without 
which be is discharged from all liability; consequently, it is essential for 
the holder to be prepared to prove affirmatively that such notice was given, 
or some facts dispensing with such notice. 
     5. Whenever the defendant's liability to perform an act depends on 
another occurrence, which is best known to the plaintiff, and of which the 
defendant is not legally bound to take notice, the plaintiff must prove that 
due notice, was in fact given. So in cases of insurances on ships, a notice 
of abandonment is frequently necessary to enable the assured plaintiff. to 
proceed as for a total lose when something remains to be saved, in relation 
to which, upon notice, the insurers might themselves take their own 
measures. 
     6. To avoid doubt or ambiguity in the terms of the notice, it may be 
advisable to give it in writing, and to preserve evidence of its delivery, 
as in the case of notices of the dishonor of a bill. 
     7. The form of the notice may be as subscribed, but it must necessarily 
vary in its terms according to the circumstances of each case. So, in order 
to entitle a party to insist upon a strict and exact performance of a 
contract on the fixed day for completing it, and a fortiori to retain a 
deposit as forfeited, a reasonable notice must be given of the intention to 
insist on a precise performance, or be will be considered as having waived 
such strict right. So if a lessee or a purchaser be sued for the recovery of 
the estate, and he have a remedy over against a third person, upon a 
covenant for quiet enjoyment, it is expedient (although not absolutely 
necessary) referring to such covenant. 

NOTICE, AVERMENT OF, in pleading. This is frequently necessary, particularly 
in special actions of assumpsit. 
     2. When the matter alleged in the pleading is to be considered as lying 
more properly in the knowledge of the plaintiff, than of the defendant, then 
the declaration ought to state that the defendant had notice thereof; as 
when the defendant promised to give the plaintiff as much for a commodity as 
another person had given, or should give for the like. 
     3. But where the matter does not lie more properly in the knowledge of 
the plaintiff, than of the defendant, notice need not be averred. 1 Saund. 
117, n. 2; 2 Saund. 62 a, n. 4; Freeman, R. 285. Therefore, if the defendant 
contrasted to do a thing, on the performance of an act by a stranger, notice 
need not be averred, for it lies in the defendant's knowledge as much as the 
plaintiff's, and he ought to take notice of it at his peril. Com. Dig. 
Pleader, C 75. See Com. Dig. Id. o 73, 74, 75; Vin. Abr. Notice; Hardr. R. 
42; 5 T. R. 621. 
     4. The omission of an averment of notice, when necessary, will be fatal 
on demurrer or judgment by default; Cro. Jac. 432; but may be aided by 
verdict; 1 Str. 214; 1 Saund. 228, a; unless in an action against the drawer 
of a bill, when the omission of the averment of notice of non-payment by the 
acceptor is fatal, even after verdict. Doug. R. 679. 

NOTICE OF DISHONOR. The notice given by the holder of a bill of exchange or 
promissory note, to a drawer or endorser on the same, that it has been 
dishonored, either by not being accepted in the case of a bill, or paid in 
cue of an accepted bill or note. 
     2. It is proper to consider, 1. The form of the notice; 2. By whom it 
is to be given; 3. To whom. 4. When; 5. Where; 6. Its effects; 7. When a 
want of notice will be excused; 8. When it will be waived. 
     3.-Sec 1. Although no precise form of words is requisite in giving 
notice of dishonor, yet such notice must convey, 1. A true description of 
the bill or note so as to ascertain its identity; but if the notice cannot 
mislead the party to whom it is sent, and it conveys the real fact without 
any. doubt, although there may be a small variance, it cannot be material, 
either to regard his rights or to avoid his responsibility. 11 Wheat. 431, 
436; Story on Bills, SS 390; 11 Mees. & Wels. 809. 2. The notice must 
contain an assertion that their bill has been duly presented to the drawee 
for acceptance, when acceptance has been refused, or to the acceptor of a 
bill, or maker of a note for payment at its maturity, and dishonored. 4 C. 
340; 7 Bing. 530; l Bing. N. C. 192; 1 M. & G. 76; 3 Bing. N. C. 688; 10 A. 
& E. 125. 3. The notice must state that the holder, or other person giving 
the notice, looks to the person to whom the notice is given, for 
reimbursement and indemnity. Story on Bills, SS 301, 390. Although in 
strictness this may be required, where the language is otherwise doubtful 
and uncertain, yet, in general, it will be presumed where in other respects 
the notice is sufficient. 2 A. & E. N. R. 388, 416; 11 Mees. & Wels. 372; 
Sto on P. N. SS 353; 11 Wheat. 431, 437; 2 Pet. 543; 2 John. Cas. 237; 2 
Hill, (N. Y.) R. 588; 1 Spear, R. 244. 
     4.- Sec. 2. In general the notice may be given by the holder or some 
one authorized by him; Story on Bills, SS 303, 304; or by some one who is a 
party and liable to pay the bill or note. But notice given by a stranger is 
not sufficient. Chit. on Bills, 368, 8th edit.; 1. T. R. 170; 8 Miss. 704; 
16 S. & R. 157, 160. On the death of the holder, his executor or 
administrator is required to give notice, and, if none be then Appointed, 
the notice must be given within a reasonable time after one may be 
appointed. Story on P. N. SS 3Q4. When the bill or note i's held by 
partners, notice by any of them is sufficient; and when joint-holders have 
the paper, and one dies, the notice may be given by the survivor; the 
assignee of the holder who is a bankrupt, must give notice, but if no 
assignee be appointed when the paper becomes due, the notice must be given 
without delay after his appointment; but it seems the bankrupt holder may 
himself give the notice. Story on P. N. SS 305. If an infant be the holder 
the notice may be given by him, or if he has a guardian, by the latter. 
     5.- Sec. 3. The holder is required to give notice to all the parties to 
whom he means to resort for payment, and, unless excused in point of law, as 
will be stated below, such parties will be exonerated, and absolved from all 
liability on such bill or note. Story on P. N. SS 307. But a party who 
purchases a bill, and, without endorsing it, transmits it on account of 
goods ordered by him, is not entitled to notice of its dishonor. 1 Wend. 
219; 4 Wash. C. C. 1. In cases of partnership, notice to either of the 
partners is sufficient. Story on Bills, SS 299; Story on P. N. SS 308; 20 
John. 176; 2 How. Sup. Ct. It. 457. Notice should be given to each of 
several joint endorsers, who are not partners. 1 Conn. 368; 4 Cowen, 126; 6 
Hill, (N. Y.) R. 282; Story on Bills, SS 299. Notice to an absent endorser 
may be given to bis general agent. 1 M. & Selw. 545; 16 Martin, (Lo.) R. 87. 
See 12 Wheat. 599; 4 Wash. C. C. 464; 3 Wend. 276. 
     6.-Sec. 4. The notice of dishonor must be given to the parties to 
whom the holder means to resort, within a reasonable time after the dishonor 
of the bill, when it is dishonored for non-acceptance, and he must not delay 
giving notice until the bill has been protested for non-payment. Bull. N. P. 
271; 12 East, 434; 1 Harr. & J. 187; 1 Dall. 235; 2 Dall. 219, 233; 1 
Yeates, 147; 3 Wash. C. C. 396; 1 Bay, 177; 11 John. 187; 10 Wend. 304; 13 
Wend. 133; 5 Halst. 139; 4 J. J. Marsh. 61; Paine, 156; 2 Hayw. 332; 2 
Marsh. 616. Though formerly it was doubtful whether the court or jury were 
to judge as to the reasonableness of the notice in respect to time; 1 T. R. 
168; yet, it seems now to be settled, that when the facts are ascertained, 
it is a question for the court and 'not for the jury. 10 Mass. 84, 86; 6 
Watts & S. 399; 3 Marsh. 262; 2 Harris R. 488; Penn. 916; 1 N. H. Rep. 140; 
17 Mass. 449, 453; 2 Aik. 9; Rice, R. 240; 2 Hayw. 45. 
     7.- Sec. 5. In considering as to where the 'notice should be given, a 
difference is made between cases, where the parties reside in the same town, 
and where they do not. 1. When both parties reside in the same town or city, 
the notice should either be personal or at the domicil or place of business 
of the party notified, so that it may reach him on the very day he is 
entitled to notice. 1 M. & S. 545, 554; 2 Pet. 100; 1 Pet. 578, 583; Story 
on Bills, SSSS 284-290; 1 Rob. Lo. R. 572; 3 Rob. Lo. 261; 20 John. 372; 1 
Conn. 329; 17 Mart.,Lo. 137, 158, 359; 19 Mart. Lo. 492; Story on P. N. 322. 
But see 28 Pick. 305; 6 Watts & Serg. 262; 2 Aik. 263; 8 Ohio, 507, 510; 
Rice, R. 240, 243; 1 Litt. R. 194. If the notice be put in the post office, 
the holder must prove it reached the endorser. 2 Pet. 121. But in those 
towns where they have letter carriers, who carry letters from the post 
office and deliver them at the houses or places of business of the parties, 
if the notice be put in the post office in time to be delivered on the same 
day, it will be sufficient. Chit. on Bills, 504, 508, 513, 8th edit.; 1 Pet. 
578; 11 John. 231. 2. When the parties reside in different towns or cities, 
the notice may be sent by the post, or a special messenger, or a private 
person, or by any other suitable or ordinary conveyance. Chit. on Bills, 
518, 8th ed.; Story on P. N. SS 324; Bayl. on Bills, eh. 7, SS 2; 1 Pet. 
582. When the post is re, sorted to, the holder has the whole day on which 
the bill becomes due to prepare his notice, and if it be put in the post 
office on the next day in time to go by either mails, when there is more 
than one, it will in general be sufficient. 17 Mass. 449, 454; 1 Hill, (N. 
Y.) R. 263; but see contra, 2 Rob. Lo. R. 117. 
     8.-Sec. 6. The effect of the notice of dishonor, when properly given, 
and when it is followed by a protest, when a protest is requisite, will 
render the drawer and endorsers of a bill or the endorsers of a note liable 
to the holder. But the drawer and endorsers may tender the money at any time 
before a writ has been issued; though the acceptor must pay the bill on 
presentment, and cannot plead a subsequent tender. 1 Marsh. 36; 5 Taunt. 
240; S. C. 8 East, 168. 
     9.-Sec. 7. The same reasons which will excuse the want of a 
presentment, will in general excuse a want of protest. See Presentment, 
contracts, n. 8, 9. 
    10.-Sec. 8. A want of notice may be waived by the party to be affected, 
after a full knowledge of the facts that the holder has no just cause for 
the neglect or omission. Story on P. N. SS 858. See Presentment, contracts, 
n. 9. 

NOTICE, TO PRODUCE PAPERS, practice, evidence. When it is intended to give 
secondary evidence of a written instrument or paper, which is in: the 
possession of the opposite party, it is, in general, requisite to give him 
notice to produce the same on the trial of the cause, before such secondary 
evidence can be admitted. 
     2. To this general rule there are some exceptions: 1st. In cases where, 
from the nature of the proceedings, the party in possession of the 
instrument has notice that he is charged with the possession of it, as in 
the case of trover for a bond. 14 East, R. 274; 4 Taunt. R. 865; 6 S. & R. 
154; 4 Wend. 626; 1 Camp. 143. 2d. When the party in possession has obtained 
the instrument by fraud. 4 Esp. R. 256. Vide 1 Phil. Ev. 425; 1 Stark. Ev. 
862; Rosc. Civ. Ev. 4. 
     3. It will be proper to consider the form of the notice; to whom it 
should be given; when it must be served; and its effects. 
     4.-1. In general, a notice to produce papers ought to be given in 
writing, and state the title of the cause in which it is proposed to use the 
papers or instruments required. 2 Stark. R. 19; S. C. 3 E. C. L. R. 222. It 
seems, however, that the notice may be by parol. 1 Campb. R. 440. It must 
describe with sufficient certainty the papers or instruments called! for, 
and must not be too general, and by that means be uncertain. R. & M. 341; 
McCl. & Y. 139. 
     5.-2. The notice may be given to the party himself, or to his 
attorney. 3 T. R. 806; 2 T. It. 203, n.; R. & M. 827; 1 M. & M. 96. 
     6.-3. The notice must be served a reasonable time before trial, so as 
to afford an opportunity to the party to search for and produce the 
instrument or paper in question. 1 Stark. R. 283; S. C. 2 E. C. L. R. 391; 
R. & M. 47, 827; 1 M. & M. 96, 335, n. 
     7.-4. When a notice to produce an instrument or paper in the cause 
has been proved, and it is also proved that such paper or instrument was, at 
the time of the notice, in the hands of the party or his privy, and, upon 
request in court, he refuses or neglects to produce it, the party having 
given such notice, and made such proof, will he entitled to give secondary 
evidence of such paper or instrument thus withheld. 
     8. The 15th section of the, judiciary act of the United States 
provides, "that all the courts of the United: States shall have power, in 
the trial of actions at law, on motion, and due notice there of being given, 
to require the parties to produce books or writings in their possession or 
power, which contain evidence pertinent to the issue, in cases and under 
circumstances where they might be compelled to produce the same by the 
ordinary rules of proceeding in chancery; and if a plaintiff shall fail to 
comply with such order to produce books or writings, it shall be lawful for 
the courts, respectively, on motion, to give the like judgment for the 
defendant, as in cases of nonsuit; and if the defendant fail to comply with 
such order to produce books or writings, it shall be lawful for the courts, 
respectively, on motion as aforesaid, to give judgment against him or her by 
default." 
     9. The proper course to pursue under this act, is to move the court for 
an order on the opposite party to produce such books or papers. See, as to 
the rules in courts of equity to compel the production of books and papers, 
1 Baldw. Rep. 388, 9; 1 Vern. 408, 425; 1 Sch. & Lef. 222; 1 P. Wins. 731, 
732; 2 P. Wms. 749; 3 Atk. 360. See Evidence, secondary. 

NOTICE TO QUIT. A request from a landlord to his tenant, to quit the 
premises leased, and to give possession of the same to him, the landlord, at 
a time therein mentioned. 
     2. It will be proper to consider, 1. The form of the notice. 2. By whom 
it is to be given. 3. To whom. 4. The mode of serving it. 5. At what time it 
must be served. 6. What will amount to a waiver of it. 
     3.- Sec. 1. The form of the notice. The notice or demand of possession 
should contain a request from the landlord to the tenant or person in 
possession to, quit the premises which he holds from the landlord, (which 
premises ought to be particularly described, as being situate in the street 
an city or place, or township and county,) and to deliver them to him on or 
before a day certain, generally, when the lease is for a year, the same day 
of the year on which the lease commences. But where there is some doubt as 
to the time when the lease is to expire, it is proper to add, "or at the 
expiration of the current year of your tenancy." 2 Esp. N. P. C. 589. It 
should be dated, signed by the landlord himself, or by some person in his 
name, who has been authorized him, and directed to the tenant. The notice 
must include all the premises under the same demise;, for the landlord 
cannot determine the tenancy as to part of the premises demised and continue 
it as to the residue. For the purpose of bringing an ejectment, it is not 
necessary that the notice should be in writing, except when required to be 
so under an express agreement between the parties. Com. Dig. Estate by 
Grant, G 11, n. p. But it is the general and safest practice to give written 
notices, and it is a precaution which should always, when possible, be 
observed, as it prevents mistakes, and renders the evidence certain and 
correct. Care should be taken that the words of a notice be clear and 
decisive, without ambiguity, or giving an alternative to the tenant, for if 
it be really ambiguous or optional, it will be invalid. Adams on Ej. 122. 
     4.-Sec. 2. As to the person by whom the notice is to be given. It must 
be given by the person interested in the premises, or his agent properly 
appointed. Adams on Ej. 120. As the tenant is to act upon the notice at the 
time it is given to him, it is necessary that it should be such as he may 
act upon with security, and should, therefore, be binding upon all the 
parties concerned at the time it is given. Where, therefore, several persons 
are jointly interested in the premises, they all must join in the notice, 
and if any of them be not a party at the time no subsequent ratification by 
him will be sufficient by relation to render the notice valid. 5 East, 491; 
2 Phil. Ev. 184. But if the notice be given by an agent, it is sufficient if 
his authority is afterwards recognized. 3 B. & A. 689. 
     5.-Sec. 3. As to the person to whom the notice should be given. When the

relation of landlord and tenant subsists, difficulties can seldom occur as 
to the party upon whom the notice should be served. It should invariably be 
given to the tenant, of the party serving the notice, notwithstanding a part 
may have been underlet, or the whole of the premises may have been assigned; 
Adams on Ej. 119; 2 New Rep. 330, and vide 14 East, 234; unless, perhaps, 
the lessor has recognized the sub-tenant as his tenant. l0 Johns. 270. When 
the premises are in possession of two or more as joint-tenants or tenants in 
common, the notice should be to all; a notice addressed to all, and served 
upon one only, will, however, be a good notice. Adams on Ej. 123. 
     6.-Sec. 4. As to the mode of, serving the notice. The person about 
serving the notice should make two copies of it, both signed by the proper 
person, then procure one or more respectable persons for witnesses, to whom 
he should show the copies, who, upon comparing them, and finding them alike, 
are to go with the person who is to serve the notice. The person serving the 
notice then in their presence, should deliver one of these copies to the 
tenant personally, or to one of his family, at his usual place of abode, 
although the same be not upon the demised premises; 2 Phil, Ev. 185; or 
serve it upon the person in possession; and where the tenant is not in 
possession, a copy may be served on him if he can be found, and another on 
the person in possession. The witnesses should then, for the sake of 
security, sign their names on the back of the copy of the notice retained, 
or otherwise mark it so as to identify it, and they should also state the 
manner in which the notice was served. In the case of a joint demise to two 
defendants, of whom one alone resided upon this premises, proof of the 
service of the notice upon him has been held to be sufficient ground for the 
jury to presume that the notice so served upon the premises, has reached the 
other who resided in another place. 7 East, 553; 5 Esp. N. P. C. 196, 
     7.-Sec. 5. At what time it must be served. It must be given three months

before the expiration of the lease. Difficulties sometimes arise as to the 
period of the commencement of the tenancy, and when a regular notice to quit 
on any particular day is given, and the time when the term began is unknown, 
the effect of such notice as to its being evidence or not of the 
commencement of the tenancy, will depend upon the particular circumstances 
of its delivery; if the tenant having been applied to by bis landlord 
respecting the time of the commencement of the tenancy, has informed him, it 
began on a certain clay, and in consequence of such information, a notice to 
quit on that day is given at a subsequent period, the tenant is concluded by 
his act, and will not be permitted to prove that in point of fact, the 
tenancy has a different commencement; nor is it material whether the 
information be the result of design or ignorance, as the landlord is in both 
instances equally led into error. Adams on Ej. 130; 2 Esp. N. P. C. 635; 2 
Phil. Ev. 186. In like manner if the tenant at the time of delivery of the 
notice, assent to the terms of it, it will waive any irregularity u to the 
period of its expiration, but such assent must be strictly proved. 4 T. R. 
361; 2 Phil. Ev. 183. When the landlord is ignorant of the time when the 
term commenced, a notice to quit may be given not specifying any particular 
day, but ordering the tenant in general terms to quit and deliver up the 
possession of the premises, at the end of the current year of his tenancy 
thereof, which shall, expire next after the end of three months from the 
date of the notice. See 2 Esp. N. P. C. 589. 
     8.-Sec. 6. What will amount to a waiver of the notice. The acceptance of

rent accruing subsequently to the expiration of the notice is the most usual 
means by which a waiver of it may be produced, but the acceptance of such 
rent is open to explanation; and it is the province of the jury to decide 
with what views, and under what circumstances the rent is paid and received. 
Adams on Ej. 139. If the money be taken with an express declaration that 
the notice is not thereby intended to be waived, or accompanied by other 
circumstances which may induce, an opinion that the landlord did not intend 
to continue the tenancy, no waiver will be produced by the acceptance; the 
rent must be paid and received as rent, or the notice will remain in force. 
Cowp. 243. The notice may also be waived by other acts of the landlord; but 
they are generally open to explanation, and the particular act will or will 
not be a waiver of the notice, according to the circumstances which attend 
it. 2 East, 236; 10 East, 13; 1 T. R. 53. It has been held that a notice to 
quit at the end of a certain year is not waived by the landlord's permitting 
the tenant to remain in possession an entire year after the expiration of 
the notice, notwithstanding the tenant held by an improving lease, that is, 
to clear and fence the land and pay the taxes. 1 Binn. 333. In cases, 
however, where the act of the landlord cannot be qualified, but must of 
necessity be taken as a confirmation of the tenancy, as if he distrain for 
rent accruing after the expiration of the notice, or recover in an action 
for use and occupation, the notice of course will be waived. Adam on Ej. 
144; 1 H. BI. 311. 

NOTING. The name of the minute made by a notary on a bill of exchange, after 
it has been presented for acceptance or payment, consisting of the initials 
of his name, the date of the day, month and year when such presentment was 
made, and the reason, if any has been assigned, for non-acceptance or non-
payment, together with his charge. The noting is not indispensable, it being 
only a part of the protest; it will not supply the protest. 4 T. R. 175 
Chit. on Bills, 280, 398. See Protest. 

NOTORIETY, evidence. That which is generally known. 
     2. This notoriety is of fact or of law. In general, the notoriety of a 
fact is not sufficient to found a judgment or to rely on its truth; 1 Ohio 
Rep. 207; but there are some facts of which, in consequence of their 
notoriety, the court will, suo motu, take cognizance; for example, facts 
stated in ancient histories; Skin. 14; 1 Ventr. R. 149; 2 East, Rep. 464; 9 
Ves. jr. 347; 10 Ves.jr. 854; 8 John. Rep. 385; 1 Binn. R. 399; recitals in 
statutes; Co. Lit. 19 b; 4 M. & S. 542; and in the law text books; 4 Inst. 
240; 2 Rags. 313; and the journals of the legislatures, are considered of 
such notoriety that they need not be otherwise proved. 
     3. The courts of the United States take judicial notice of the, ports 
and waters of the United States, in, which the tide ebbs and flows. 3 Dall. 
297; 9 Wheat. 374; 10 Wheat. 428; 7 Pet. 342. They take like notice of the 
boundaries, of the several states and judicial districts. It would be 
altogether unnecessary, if not absurd, to prove the fact that London in 
Great Britain or Paris in France, is not within the jurisdiction of an 
American court, because the fact is notoriously known. 
     4. It is difficult to say what will amount to such notoriety as to 
render any other proof unnecessary. This must depend upon many 
circumstances; in one case, perhaps upon the progress of human knowledge in 
the fields of science; in another, on the extent of information on the state 
of foreign countries, and in all such instances upon the accident of their 
being little known or publicly communicated. The notoriety of the law is 
such that the judges are always bound to take notice of it; statutes, 
precedents and text books are therefore evidence, without any other proof 
than, their production. Gresley, Ev. 293. The courts of the United States 
take judicial notice of all laws and jurisprudence of the several states in 
which they exercise original or appellate jurisdiction. 9 Pet. 607, 624. 
     5. The doctrine of the civil and canon laws is similar to this. Boehmer 
in tit. 10, de probat. lib. 2, t. 19, n. 2; Mascardus, de probat conclus. 
1106, 1107, et seq.; Menock. de praesumpt. lib. 1, quaest. 63, &c.; Toullier 
Dr. Civ. Frau. liv. 3, c. 6, n. 13; Diet. de Jurisp. mot Notoriete; 1 Th. 
Co. Lit. 26, n. 16; 2 Id. 63, n. A; Id. 334, n. 6; Id. 513, n. T 3; 9 Dana, 
23 12 Vern. 178; 5 Port. 382; 1 Chit. PI. 216, 225. 

NOVA CUSTOMA. The name of an imposition or duty in England. Vide Antiqua; 
Customs. 

NOVA STATUTA. New statutes. The name given to the statutes commencing with 
the reign of Edward III. Vide Vetera Statuta. 

NOVAE NARRATIONES. The title of an ancient English book, written during the 
reign of Edward III. It consists of declarations and some other pleadings. 

NOVATION, civil law. 1. Novation is a substitution of a new for an old debt. 
The old debt is extinguished by the new one contracted in its stead; a 
novation may be made in three different ways, which form three distinct 
kinds of novations. 
     2. The first takes place, without the intervention of any new person, 
where a debtor contracts a new engagement with his creditor, in 
consideration of being liberated from the former. This kind has no 
appropriate name, and is called a novation generally. 
     3. The second is that which takes place by the intervention of a new 
debtor, where another person becomes a debtor instead of a former debtor, 
and is accepted by the creditor, who thereupon discharges the first debtor. 
The person thus rendering himself debtor for another, who is in consequence 
discharged, is called expromissor; and this kind of novation is caned 
expromissio. 
     4. The third kind of novation takes place by the intervention of a new 
creditor where a debtor, for the purpose of being discharged from his 
original creditor, by order of that creditor, contracts some obligation in 
favor of a new creditor. There is also a particular kind of novation called 
a delegation. Poth. Obl. pt. 3, c. 2, art. 1. See Delegation. 
     5.-2. It is a settled principle of the common law, that a mere 
agreement to substitute any other thing in lieu of the original obligation 
is void, unless actually carried into execution and accepted as 
satisfaction. No action can be maintained upon the new agreement, nor can 
the agreement be pleaded as a bar to the original demand. See Accord. But 
where an agreement is entered into by deed, that deed gives, in itself, a 
substantive cause of action, and the giving such deed may be sufficient 
accord and satisfaction for a simple contract debt. 1 Burr. 9; Co. Litt. 
212, b. 
     6. The general rule seems to be that if one indebted to another by 
simple contract, give his creditor a promissory note, drawn by himself, for 
the same sum, without any new consideration, the new note shall not be 
deemed a satisfaction of the original debt, unless so intended and accepted 
by the creditor. 15 Serg. & Rawle, 162; 1 Hill's N. Y. R. 516; 2 Wash. C. C. 
Rep. 191; 1 Wash. C. C. R. 156, 321; 2 John. Cas. 438; Pet. C. C. Rep. 266; 
2 Wash. C. C. R. 24, 512; 3 Wash. C. C. R. 396: Addis. 39; 5 Day, 511; 15 
John. 224; 1 Cowen, 711; see 8 Greenl. 298; 2 Greenl. 121; 4 Mason, 343; 9 
Watts, 273; 10 Pet. 532; 6 Watts & Serg. 165, 168. But if he transfer the 
note he cannot sue on the original contract as long as the note is out of 
his possession. 1 Peters' R. 267. See generally Discharge; 4 Mass.. Rep. 93; 
6 Mass. R. 371; 1 Pick. R. 415; 5 Mass. R. 11; 13 Mass. R. 148; 2 N. H. Rep. 
525; 9 Mass. 247; 8 Pick. 522; 8 Cowen, 390; Coop. Just. 582; Gow. on Partn. 
185; 7 Vin. Abr. 367; Louis. Code, art. 2181 to 2194; Watts & S. 276; 9 
Watts, 280; 10 S. R. 807; 4 Watts, 378; 1 Watts & Serg. 94; Toull. h.t.; 
Domat, h.t.; Dalloz. Dict. h.t.; Merl. Rep. h.t.; Clef des Lois Romaines, 
h.t.; Azo & Man. Inst. t. 11, c. 2, SS 4; Burge on Sur. B. 2, c. 5, p. 166. 

NOVEL ASSIGNMENT. Vide New Assignment. 

NOVEL DISSEISIN. The name of an old remedy which was given for a new or 
recent disseisin. 
     2. When tenant in fee simple, fee tail, or for term of life, was put 
out, and disseised of his lands or tenements, rents, find the like; he might 
sue out a writ of assize or novel disseisin; and if, upon trial, he could 
prove his title, and his actual seisin, and the disseisin by the present 
tenant, be was entitled to have judgment to recover his seisin and damages 
for the injury sustained. 3 Bl. Com. 187. This remedy is obsolete. 

NOVELLAE LEONIS. The ordinances of the emperor Leo, which were made from the 
year 887 till the year 893, are so called. These novels changed many rules 
of the Justinian law. This collection contains one hundred and thirteen 
novels, written originally in Greek, and afterwards, in 1560, translated 
into Latin, by Agilaeus. 

NOVELS, civil law. The name given to some constitutions or laws of some of 
the Roman emperors; this name was so given because they were new or 
posterior to the laws which they had before published. The novels were made 
to supply what bad not been foreseen in the preceding laws, or to amend or 
alter the laws in force. 
     2. Although the novels of Justinian are the best known, and when the 
word novels only is mentioned, those of Justinian are always intended, he 
was not the first who gave the name of novels to his constitution and laws. 
Some of the acts of Theodosius, Valentinien, Leo, Severus, Anthemius, and 
others, were, also called novels. But the novels of the emperors who 
preceded Justinian bad not the force of law, after the enactment of the law 
by order of that emperor. Those novels are not, however, entirely useless, 
because the code of Justinian having been composed mainly from the 
Theodosian code and the novels, the latter frequently remove doubts which 
arise on the construction of the code. The novels of, Justinian form the 
fourth part of the Corpus Juris Civilis. They are directed either to some, 
officer, or an archbishop or bishop, or to some private individual of 
Constantinople but they all had the force and authority of law. The number 
of the novels is uncertain. The 118th novel is the foundation and groundwork 
of the English statute of distribution of intestate's effects, which has 
been copied into many states of the Union. Vide 1 P. Wms. 27; Pr. in Chan. 
593 

NOVUS HOMO. A new man; this term, is applied to a man who has been pardoned 
of a crime, by which he is restored to society, and is rehabilitated. 

NOXAL ACTTON, civil law. A personal, arbitrary, and indirect action in favor 
of one who has been injured by the slave of another, by which the owner or 
master of the slave was compelled either to pay the damages or abandon the 
slave. Vide Abandonment for torts, and Inst. 4, 8; Dig. 9, 4; Code, 3, 41. 

NUBILIS, civil law. One who is of a proper age to be married. Dig. 32,51. 

NUDE. Naked. Figuratively, this word is applied to various subjects. 2. A 
nude contract, nudum pactum, q.v.) is one without a consideration; nu de 
matter, is a bare allegation of a thing done, without any evidence of it. 

NUDE MATTER. A bare allegation unsupported by evidence.

NUDUM PACTUM, contracts. A contract made without a consideration,; it is 
called a nude or naked contract, because it is not clothed with the 
consideration required by law, in order to give an action. 3 McLean, 330; 2 
Denio, 403; 6 Iredell, 480; 1 Strobh. 329; 1 Kelly, 294; 1 Dougl. Mich. R. 
188. 
     2. There are some contracts which, in consequence of their forms, 
import a consideration, as sealed instruments, and bills of exchange, and 
promissory notes, which are generally good although no consideration 
appears. 
     3. A nudum pactum may be avoided, and is not binding. 
     4. Whether the agreement be verbal or in writing, it is still a nude 
pact. This has been decided in England, 7 T. R. 350, note; 7 Bro. P. C. 550; 
and in this country; 4 John. R. 235; 5 Mass. R. 301, 392; 2 Day's R. 22. But 
if the contract be under seal, it is valid. 2 B. & A. 551. It is a rule that 
no action can be maintained on a naked contract; ex nudo pacto non oritur 
actio: 2 Bl. Com. 445; 16 Vin. Ab. 16. 
     5. This term is borrowed from the civil law, and the rule which decides 
upon the nullity of its effects, yet the common law has not; in any degree 
been influenced by the notions of the civil law, in defining what 
constitutes a nudum pactum. Dig. 19, 5, 5. See on this subject a learned 
note in Fonb. Eq. 335, and 2 Kent, Com. 364. Toullier defines nudum pactum 
to be an agreement not executed by one of the parties, tom. 6, n. 13, page 
10. Vide 16 Vin. Ab. 16; 1 Supp. to Ves. jr. 514; 3 Kent, Com. 364; 1 it. 
Pr. 113; 8 Ala. 131; and art. Consideration. 

NUISANCE, crim. law, torts. This word means literally annoyance; in law, it 
signifies, according to Blackstone, "anything that worketh hurt, 
inconvenience, or damage." 3 Comm. 216. 
     2. Nuisances are either public or common, or private nuisances. 
     3.-1. A public or common nuisance is such an inconvenience or 
troublesome offence, as annoys the whole community in general, and not 
merely some particular person. 1 Hawk. P. C. 197; 4 Bl. Com. 166-7. To 
constitute a Public nuisance, there must be such 'a number of persons 
annoyed, that the offence can no longer be considered a private nuisance: 
this is a fact, generally, to be judged of by the jury. 1 Burr. 337; 4 Esp. 
C. 200; 1 Str. 686, 704; 2 Chit. Cr. Law, 607, n. It is difficult to define 
what degree of annoyance is necessary to constitute a nuisance. In relation 
to offensive trades, it seems that when such a trade renders the enjoyment 
of life and property uncomfortable, it is a nuisance; 1 Burr. 333; 4 Rog. 
Rec. 87; 5 Esp. C. 217; for the neighborhood have a right to pure and fresh 
air. 2 Car. & P. 485; S. C. 12 E. C. L. R. 226; 6 Rogers' Rec. 61. 
     4. A thing may be a nuisance in one place, which is not so in another; 
therefore the situation or locality of the nuisance must be considered. A 
tallow chandler seeing up his baseness among other tallow chandlers, and 
increasing the noxious smells of the neighborhood, is not guilty of setting 
up a nuisance, unless the annoyance is much increased by the new 
manufactory. Peake's Cas. 91. Such an establishment might be a nuisance in a 
thickly populated town of merchants and mechanics, where Do such business 
was carried on. 
     5. Public nuisances arise in consequence of following particular 
trades, by which the air is rendered offensive and noxious. Cro. Car. 510; 
Hawk. B. 1, c. 755 s. 10; 2 Ld. Raym. 1163; 1 Burr. 333; 1 Str. 686. From
acts of public indecency; as bathing in a public river, in sight of the 
neighboring houses; 1 Russ. Cr. 302; 2 Campb. R. 89; Sid. 168; or for acts 
tending to a breach of the public peace, as for drawing a number of persons 
into a field for the purpose of pigeon-shooting, to the disturbance of the 
neighborhood; 3 B. & A. 184; S. C. 23 Eng. C. L. R. 52; or keeping a 
disorderly house; 1 Russ. Cr. 298; or a gaming house; 1 Russ. Cr. 299; Hawk. 
b. 1, c. 7 5, s. 6; or a bawdy house; Hawk. b. 1, c. 74, s. 1; Bac. Ab. 
Nuisance, A; 9 Conn. R. 350; or a dangerous animal, known to be such, and 
suffering him to go at large, as a large bull-dog accustomed to bite people; 
4 Burn's, Just. 678; or exposing a person having a contagious disease, as 
the small-pox, in public; 4 M. & S. 73, 272; and the like. 
     6.-2. A private nuisance is anything done to the hurt or annoyance of 
the lands, tenements, or hereditaments of another. 3 Bl. Com. 1215; Finch, 
L. 188. 
     7. These are such as are injurious to corporeal inheritance's; as, for 
example, if a man should build his house so as to throw the rain water which 
fell on it, on my land; F. N. B. 184; or erect his. building, without right, 
so as to obstruct my ancient lights; 9 Co. 58; keep hogs or other animals so 
as to incommode his neighbor and render the air unwholesome. 9 Co. 58. 
     8. Private nuisances may also be injurious to incorporeal 
hereditaments. If, for example, I have a way annexed to my estate, across 
another man's land, and he obstruct me in the use of it, by plowing it up, 
or laying logs across it, and the like. F. N. B. 183; 2 Roll. Ab. 140. 
     9. The remedies for a public nuisance are by indicting the party. Vide, 
generally, Com. Dig. Action on the case for a nuisance; Bac. Ab. h.t.; Vin. 
Ab. h.t.; Nels. Ab. h.t.; Selw. N. P. h.t.; 3 Bl. Com. c. 13 Russ. Cr. b. 
2, c. 30; 1 0 Mass. R. 72 7 Pick. R. 76; 1 Root's Rep. 129; 1 John. R. 78; 1 
S. & R. 219; 3 Yeates' R. 447; 3 Amer. Jurist, 85; 3 Harr. & McH. 441; Rose. 
Cr. Ev. h.t.; Chit. Cr. L. Index, b. t.; Chit. Pr. Index, b. t., and vol. 
1, p. 383; Bouv. Inst. Index, h.t. 

NUL, law French. A barbarous word which means to convey a negative; as, Nul 
tiel record, Nul tiel award. 

NUL AGARD. No award. A plea to an action on an arbitration bond, when the 
defendant avers that there was no legal award made. 3 Burr. 1730; 2 Stra. 
923. 

NUL DISSEISIN, pleading. No disseisin. A plea in a real action, by which the 
defendant denies that there was any disseisin it is a species of the general 
issue. 

NUL TIEL RECORD, pleading. No such record 
     2. When a party claims to recover on the evidence of a record, as in an 
action on scire facias, or when he sets up his defence on matter of record, 
as a former acquittal or former recovery, the opposite party may plead or, 
reply nul tiel record, there is no such record; in which case the issue thus 
raised is called an issue of nul tiel record, and it is tried by the court 
by the inspection, of the record. Vide 1 Saund. 92, n. 3 12Vin. Ab.188; 1 
Phil. Ev. 307,8; Com. Dig. Bail, R. 8 Certiorari, A l Pleader, 2 W 13, 38 
Record, C; 2 McLean, 511; 7 Port. 110; 1 Spencer, 114. 

NUL TORT, pleading No wrong. 
     2. This is a plea to a real action, by which the defendant denies that 
he committed any wrong. It is a species of general issue. 

NUL WASTE, pleading. This is the general issue in an action of waste. Co. 
Entr. 700 a, 708 a. The plea of, nul waste admits nothing, but puts the 
whole declaration in issue; and in support of this plea the defendant may 
give in evidence anything which proves that the act charged is no waste, as 
that it happened by tempest, lightning, and the like. Co. Litt. 283 a; 3 
Saund. 238, n. 5. 

NULL. Properly, that which does not exist; that which is not in the nature 
of things. In a figurative sense it signifies that which has no more effect 
than if it did not exist. 8 Toull. n. 320. 

NULIA BONA. The return made to a writ of fieri facias, by the sheriff, when 
he has not found any goods of the defendant on which he could levy. 3 Bouv. 
Inst. n. 3393. 

NULLITY. Properly, that which does not exist; that which is not properly in 
the nature of things. In a figurative sense, and in law, it means that which 
has no more effect than if it did not exist, and also the defect which 
prevents it from having such effect. That which is absolutely void. 
     2. It is a yule of law that what is absolutely null produces no effects 
whatever; as, if a man bad a wife in full life, and both aware of the fact, 
he married another woman, such second marriage would be nun and without any 
legal effect. Vide Chit, Contr. 228; 3 Chit. Pr. 522; 2 Archb. Pr. K. B. 4th 
edit. 888; Bayl. Ch. Pr. 97. 
     3. Nullities have been divided into absolute and relative. Absolute 
nullities are those which may be insisted upon by any one having an interest 
in rendering the act, deed or writing null, even by the public authorities, 
as a second marriage while the former was in full force. Everything 
fraudulent is null and void. Relative nullities can be invoked only by those 
in whose favor the law has been established, land, in fact, such power is 
less a nullity of the act than a faculty which one or more persons have to 
oppose the validity of the act. 
     4. The principal causes of nullities are, 
     1. Defect of form; as, for example, when the law requires that a will 
of land shall be attested by three witnesses, and it is on] attested by two. 
Vide Will. 
     5.-2. Want of will; as, if a man be compelled to execute a bond by 
duress, it is null and void. Vide Duress. 
     6.-3. The incapacities of the parties; as in the cases of persons non 
compos mentis, of married women's contracts, and the like. 
     7.-4. The want of consideration in simple contracts; as a verbal 
promise with out consideration. 
     8.-5. The want of recording, when the law requires that the matter 
should be recorded; as, in the case of judgments. 
     9.-6. Defect of power in the party who entered into a contract in 
behalf of another; as, when an attorney for a special purpose makes an 
agreement for his principal in relation to another thing. Vide Attorney; 
Authority. 
   10.-7. The loss of a thing which is the subject of a contract; as, when 
A sells B horse, both supposing him to be alive, when in fact he was dead. 
Vide Contract; Sale. 
     Vide Perrin, Traite des Nullites; Henrion, Pouvoir Municipal, liv. 2, 
c. 18; Merl. Rep. h.t.; Dall. Diet. h.t. See art. Void. 

NULIUS FILIUS. The son of no one; a bastard. 
     2. A bastard is considered nullius filius as far as regards his right 
inherit. But the rule of nullius filius does not apply in other respects. 
     3. The mother of a bastard, during its age of nurture, is entitled to 
the custody of her child, and is bound to maintain it. 6 S. & R. 255; 2 
John. R. 375; 15 John. R. 208; 2 Mass. R. 109; 12 Mass. R. 387, 433; 1 New 
Rep. 148; sed vide 5 East, 224 n. 
     4. The putative father, too, is entitled to the custody of the child as 
against all but the mother. 1, Ashm. 55. And, it seems, that the putative 
father may maintain an action, as if his child were legitimate, for marrying 
him without his consent, contrary. to law. Addis. 212. See Bastard; Child; 
Father; Mother;, Putative Father. 

NULLUM ARBITRIUM, pleading. The name of a plea to an action on an 
arbitration bond for not fulfilling the award, by which the defendant 
asserts that there is no award. 

NULLUM FECERUNT ARBITRIUM. The name of a plea to an action of debt upon an 
obligation for the performance of an award, by which the defendant denies 
that he submitted to arbitration, &c. Bac. Ab. Arbitr. &c. G. 

NUMBER. A collection of units. 
     2. In pleading, numbers must be stated truly, when alleged in the 
recital of a record, written instrument, or express contract. Lawes' PI. 48; 
4 T. R. 314; Cro. Car. 262; Dougl. 669; 2 Bl. Rep. 1104. But in other cases, 
it is not in general requisite that they should be truly stated, because 
they are not required to be strictly proved. If, for example, in an action 
of trespass the plaintiff proves the wrongful taking away of any part of the 
goods duly described in his declaration, he is entitled to recover pro 
tanto. Bac. Ab. Trespass, I 2 Lawes' PI. 48. 
     3. And sometimes, when the subject to be described is supposed to 
comprehend a multiplicity of particulars, a general description is 
sufficient. A declaration in trover alleging the conversion of "a library of 
books"' without stating their number, titles, or quality, was held 'to be 
sufficiently certain; 3 Bulst. 31; Carth. 110; Bac. Ab. Trover, F 1; and in 
an action for the loss of goods, by burning the plaintiff's house, the 
articles may be described by the simple denomination of "goods" or "divers 
goods." 1 Keb. 825; Plowd. 85, 118, 123; Cro. Eliz. 837; 1 H. Bl. 284. 

NUNC PRO TUNC, practice. This phrase, which signifies now for then, is used 
to express that a thing is done at one time which ought to have been 
performed at another. Leave of court must be obtained to do things nunc pro 
tunc, and this is granted to answer the purposes of justice, but never to do 
injustice A judgment nunc pro tunc can be entered only when the delay has 
arisen from the act of the court. 3 Man. Gr. & Sc. 970. Vide 1 V.. & B. 312; 
1 Moll. R. 462; 13 Price, R. 604; 1 Hogan, R. 110. 

NUNCIO. The name given to the Pope's ambassador. Nuncios are ordinary or 
extraordinary; the former are sent upon usual missions, the latter upon 
special occasions. 

NUNCIUS, international law, A messenger, a minister; the pope's legate, 
commonly called a nuncio. It is used to express that a will or testament. 
has been made verbally, and not in writing, Vide Testament nuncupative; 
Will, nuncupative; 1 Williams on Exec. 59; Swinb. Index, h.t.; Ayl. Pand. 
359; 1 Bro. Civ. Law, 288; Roberts on Wills, h.t.; 4 Kent, Com. 504; 2 
Bouv. Inst. n. 436. 

NUNQUAM INDEBITATUS, pleading. A plea to an action of indebitatus assumpsit, 
by which the defendant asserts that he is not indebted to the plaintiff. 6 
Carr. & P. 545 S. C. 25 English Com. Law Rep. 535; 1 Mees. & Wels. 542, 1 Q. 
B. 77. 

NUPER OBIIT, practice. He or she lately died. The name of a writ, which in 
the English law, lies for a sister co-heiress, dispossessed by her 
coparcener of lands and tenements, whereof their father, brother, or any 
common ancestor died seised of an estate in fee simple. Termes de la Ley, 
h.t.; F. N. B. 197. 

NURTURE. The act of taking care of children and educating them: the right to 
the nurture of children generally belongs to the father till the child shall 
arrive at the age of fourteen years, and not longer. Till then, he is 
guardian by nurture. Co. Litt. 38 b. But in special cases the mother will be 
preferred to the father; 5 Binn. R. 520; 2 S. & R. 174; and after the death 
of the father, the mother is guardian by nurture. Fl. 1. 1, c. 6; Com. Dig. 
Guardian, D. 

NURUS. A daughter-in-law. Dig. 50, 16, 50.
