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 ke* t 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 Jobn. 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 bis partner to make such a deed, he cannot deny that bis 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, _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, _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 pleaged, 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 bis 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. _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, _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 Dal. 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, _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 presenee 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

that it was. Provided. declare. That be shall have declared. _1. s. _44.unprovided for. potentate. bona fide. state or sovereignty. Civil law. 1. whatever. or sovereignty. Approved April 14. potentate. 1802. Inst. apples. being a free white person. potentate. That the oath of the applicant shall. he has behaved as a man of good moral character. and not otherwise: First. or a capacity to acquire them. and well disposed to the good order and happiness of the same: 4. three years at least before his admission. peaches and pears are natural fruits. Fourthly. 191. This expression is used in contradistinction to artificial or figurative fruits. on oath or affirmation. may be admitted to become a citizen of the United States. n. or been of any of the orders of nobility. 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. be allowed to prove his residence. Provided. potentate. district. but which cannot be enforeed in a court of justice. The natural production of trees. which proceedings shall be recorded by the clerk of the court. at the time of bis application to be admitted. but mere natural presumptions are derived wholly by means of the common experience of mankind. that the latter depend on and are a branch of th& particular system of jurisprudence to which they belong. and to repeal the acts heretofore passed on that subject. attached to the principles of the constitution of the United States. one born without the reasoning powers. vests in congress the power " to establish an uniform rule of naturalization. art. Be it enacted. that it was. being a free white person. An act to establish an uniform rule of naturalization. The act by which an alien is made a citizen of the United States of America. These presumptions fall within the exclusive province of the jury. his intention to become a citizen of the United States. &c. 137. superior. and not otherwise: First. of some one of the states. he shall in addition to the above requisites. three years at least before his admission. the prince. or a circuit or district court of the United States. but simply from the course of nature and the habits of society. whereof he was before a citizen or subject. who shall heretofore passed on that subject. 3. whereof such alien may. or of the territorial districts of the United States. bona fide. NATURAL FRUITS. − 1. on the following conditions. or any of them. That any alien. may be admitted to become a citizen of the United States. Presumptions of fact. or a circuit or district court of the United States. and particularly. and for the reproduction of such trees. See Obligation. That space of time included between the rising and the setting of the sun. superior. from the difficulty of framing general rules to meet them. at least. before some one of the courts aforesaid. 2. one year at least. and particularly. NATURAL FOOL. That he shall have declared. district. 137. shall have borne any hereditary title. without the aid or control of any particular rule of law. by name." In pursuance of this authority congress have passed several laws on this subject. or any of them. or circuit court. from the almost impossibility of enforcing them. The Constitution of the United States. or of the territorial districts of the United States. 7 Hill. and differ from mere presumptions of law in this essential respect. that. during that time. and to renounce forever all allegiance and fidelity to any foreign prince. 3064. or sovereignty. for the use of men and animals. for example. of some one of the states. NATURAL PRESUMPTIONS. on oath or affirmation. NATURAL OBLIGATION. 7 Hill. bushes. before the supreme. are here transcribed as far as they are in force. and it shall further appear to their satisfaction. n. 4 Bouv. at the time. &c. One which in honor and conscience binds the person who has contracted it. in the court to which his application shall be made. the prince. which. That in case the alien. or circuit court. NATURALIZATION. state. Be it enacted. in the kingdom or state from which he came. and this is artificial. as they are of general interest. See Day. and to renounce forever . That the court admitting such alien shall be satisfied that he has resided within the United States five years. 8. Greenleaf on Ev. Inst. _1. 2. who are to pass upon the facts. That any alien. 173. and n. state. An idiot. Thirdly. 1802. applying to be admitted to citizenship. Poth. in no case. That no alien. and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince. NATURAL DAY. Secondly. Approved Aprill 14. by name. bushes or plants. before the supreme. 3 Bouv. interest is the fruit of money. whatever. and within the state or territory where such court is at the time held. 3720. evidence. gratitude. That he shall. or kindness. and other plants. they are independent of any artificial connexions. n. on the following conditions. which renunciation shall be recorded in the said court: 5. and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation. state. such as charity. or sovereignty. that he will support the constitution of the United States. be a citizen or subject. his intention to become a citizen of the United States. make a express renunciation of his title or order of nobility. on oath or affirmation.

before some one of the courts aforesaid. in some of the states. which renunciation shall be recorded in the said court: 5. he shall. state. on his moreover making in the court an express renunciation of his title or order of nobility. and one year. without a compliance with the first condition above specified. potentate. the prince. with whom the United States shall be at war. on its appearing to the satisfaction of the court. from and after the passing of the act. attached to the constitution of the United States. also. and where the alien. before he shall be entitled to such admission: all of which proceedings. denizen. attached to the principles of the constitution of the United States. or have been. the prince. or sovereign. Thirdly. shall be recorded by the clerk thereof: 7. one thousand seven hundred and ninety−five. whatever. And whereas. That the court admitting such alien shall be satisfied that he has resided within the United States five years. 9. of the United States. having common law jurisdiction. Secondly. immediately preceding his application within the state or territory where such court is at the time held. in the court to wbich his application shall be made. during that time. that. or subject. Provided. as if he had been naturalized in a district or circuit court of the United States. at the time of bis application to be admitted. or been of any of the orders of nobility in the kingdom or state from which be came. previous to the passing of any law on that subject by the government of the United States. which proceedings shall be recorded by the clerk of the court. citizens of the United States. may have become citizens of any one of the said states. Fourthly. if dwelling in the United States. he has behaved as a man of good moral character. and on bis declaring on oath. at the time. also. who may have been naturalized in any such court. within and under the jurisdiction of the United States. That any alien who was residing within the limits. potentate. shall enjoy. in addition to the above requisites. at least. the same rights and privileges. or sovereignty. be considered as citizens of the United States: . for admission to citizenship. and every alien. that he has resided two years. and. or sovereignty. shall be considered as a district court within the meaning of this act. in the kingdom or state from which he came. may. That no alien. that. or sovereignty. on due proof made to some one of the courts aforesaid. Provided. and clerk or prothonotary. of any country. and under the jurisdiction. and particularly. That the oath of the applicant shall. by name. state or sovereignty. and that be doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince. whereof he was before a citizen or subject. applying to be admitted to citizenship. doubts have arisen whether certain courts of record. declare. Provided. make an express renunciation of his title or order of nobility. whereof such alien may. one thousand seven hundred and ninety−eight. who shall be a native citizen. and it shall further appear to their satisfaction. state. in no case. at the time of their parents’ being so naturalized or admitted to the rights of citizenship. be a citizen or subject. may be admitted to become a citizen. potentate. under the laws thereof. That in case the alien. he has behaved as a man of good moral cbaracter. and under the jurisdiction. be considered as citizens of the United States. moreover. during the said term of two years. before the twenty−ninth day of January. and particularly. − _4. whereof he was before a citizen or subject. and the children of persons who now are. shall have borne any hereditary title. are included within the description of district or circuit courts: Be it further enacted. shall. potentate. That the children of persons duly naturalized under any of the laws of the United States. state. That be shall. shall have borne any hereditary title. and the eighteenth day of June. required in this proviso to be performed in the court. being under the age of twenty−one years. And provided. be admitted to become a citizen. and a seal. That any alien who was residing within the limits. the prince. though born out of the limits and jurisdiction of the United States. at the time of his application. and particularly. state. and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince. 8. on oath or affirmation. at least.all allegiance and fidelity to any foreign prince. or sovereignty. or been of any of the orders of nobility. at least. by name. whatever. one year at least. state. at any time between the said twenty−ninth day of January. by name. state. shall. and well disposed to the good order and happiness of the same. − _3. that he will support the constitution of the United States. That every court of record in any individual state. applying. and well disposed to the good order and happiness of the same: 4. of the United States. or who. one thousand seven hundred and ninety− five. that he will support the constitution of the United States. whatever. be allowed to prove his residence. within two years after the passing of this act. or sovereignty. or affirmation. and within the state or territory where such court is at the time held. potentate. shall be then admitted to be a citizen of the United States: 6. potentate.

And the residence of the applicant within the limits and under the jurisdiction of the United States. and the fourteenth day of April. 12. one thousand eight hundred and four. without a compliance with the first condition specified in the first section of the act. − _5. shall be stated and set forth. before he is actually naturalized. − _2. or prevent the apprehension and removal. together with the names of such citizens. shall make application to be admitted a citizen of the United States. that the applicant was residing within the limits and under the jurisdiction of tlie United States before the fourteenth day of April one thousand eight hundred and two. were. at the time and in the manner prescribed by the laws heretofore passed on the subject: Provided. one thousand eight hundred and two. 19. That any alien. and under the jurisdiction of the United States. That nothing herein contained shall be taken or construed to interfere with. An act in addition to an act. or who. entitled " An act to establish an uniform rule of naturalization. That when any alien who shall have complied with the first condition specified in the first section of the said orginal act. which citizens shall be named in the record as witnesses. the widow and the children of such alien shall be considered as citizens of the United States. 1816. &c. or who has been legally convicted of having joined the army of Great Britain during the late war. 1813. and who. ’Be it enacted. according to law. App. agreeably to law. may die. entitled to becoine citizens without making such declaration. having continued to reside therein. without a certificate of such declaration of intention. be. to the satisfaction of the court. App. out of the territory of the United States. That the right of citizenship shall not descend to persons whose fathers have never resided within the United States: 11. Provided." 15. entitled "An act in addition to an act. or be shall not be so admitted. and has continued to reside within tlie same. on the eighteenth day of June. from and after the time when this act shall take effect. for at least five years immediately preceding the time of such application. and shall be entitled to all the rights and privileges as such. − _1. for the continued term of five years.’ "Whenever any person. That persons resident within the United States. An act supplementary to the acts heretofore passed on tlie subject of an uniform rule of naturalization. or the territories thereof. − 3. 20. may be admitted to become a citizen of the United States. That no person heretofore proscribed by any state. March 3. who shall not. by the existing laws of the United States. 1813. . without having made any declaration of intention before a court of record as aforesaid. of any alien enemy at any time previous to the naturalization of such alien. and the fourteenth day of April. &c. may be entitled to become a citizen of the United States according to the act of the twenty−sixth of March. when satisfactorily proved. and the place or places where the applicant has resided for at least five years. who was residing within the limits. shall be admitted to become a citizen of the United States. without being. one thousand eight hundred and two. and to repeal tile acts heretotore passed on that subject. on that day. Be it enacted. and who shall have pursued the directions prescribed in the second section of the said − act. entitled ’An act to establish an uniform rule of naturalization. being a free white person. as aforesaid. 21. at any time between the eighteenth day of June. one thousand seven hundred and ninety−eight. shall be admitted a citizen. That no person who shall arrive in the United States. And such continued residence within the limits and under the jurisdiction of the United States. without the consent of the legislature of the state in which such person was proscribed. − _12. App. in the year one thousand eight hundred and twelve. one thousand seven hundred and ninety−eight. − 2. 14. may be admitted to become citizens thereof" notwithstanding they shall be alien enemies. in the record of the court admitting the applicant. − _2. An act for the regulation of seamen on board the public and private vessels of the United States. 18. as aforesaid. 17. and to repeal the acts heretofore passed ’on that subject. at any time during the said five years. July 30. That nothing herein contained shall be construed to exclude from admission to citizenship. upon taking the oaths prescribed by law. who had. and to repeal the acts heretofore passed on that subject. next precediug his admission as aforesaid. before that day. as aforesaid. − _1. and the same are hereby repealed. 13. entitled " An act to establish an uniform rule of naturalization.10." Approved March 26. have resided within tlie United States. and who has continued to reside within the same. − 4. 16. An act relative to evidence in case of naturalization. shall be proved by the oath or affirmation of citizens of the United States. Provided also. of their intentions to become citizens of the United States. March 22. 1804. 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. it shall be proved. made a declaration. − 5. That all acts heretofore passed respecting naturalization.

to the contrary notwithstanding. See Citizen. and will be so considered even in tlie country of his birth. for at least five years immediately preceding the time of such application. or naturalization. at least for most purposes. . made before the clerks of either of the courts in the said condition named. That whenever any person without a certificate of such declaration of intention. may. and has continued to reside within the same. of his intended application to be admitted a citizen of the United States. and prove to the satisfaction of the court. to which this is an addition. being a free white person. 30. and who shall have continued to reside therein to the time be way make application to be admitted a citizen thereof. 25. heretofore obtained from any court of record within the United States. 1 Bos. and the place or places where the applicant has resided for at least five years as aforesaid. being a free white person and a minor under the age of twenty−one years. shall be deemed invalid. − _8. and after be shall have resided five years within the United States. three years previous to his admission. He has all the rights of a natural born citizen. who shall have resided in the United States three years next preceding his arriving at the age of twenty−one years. shall make application to be admitted a citizen of the United States. together with the names of such citizens. One who. May 24. or he shall not be so admitted. That the declaration required by the first condition specified in the first section of the act. 28." which was passed on the fourteenth day of April. that the applicant was residing within the limits. shall be stated and set forth. has lawfully become a citizen of the United States Under the constitution and laws. In foreign countries he has a right to be treated as such. and such continued residence within the limits and under the jurisdiction of the United States when satisfactorily proved. be as valid as if it had been made before the said courts. 26. 29. respectively. except that of being eligible as president or vice−president 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. entitled " An act relative to evidence in cases of naturalization. or in any subsequent act. 22. shall be proved by the oath or affirmation of citizens of the United States. − _1. That an alien. comply with the laws in regard to naturalization. if the same shall be bona fide. and the first section of the act. in all other respects. it shall be proved to the satisfaction of the court. in the record of the court admitting the applicant. Inhabitant. it has been the bona fide intention of such alien to become a citizen of the United States. may be admitted to become a citizen of the United States. including the three years of his minority. − _1. which citizens shall be named in the record as witnesses. that. entitled "An act to establish an uniform rule of naturalization. and the residence of the applicant within the limits and under the jurisdiction of the United States. NATURALIZED CITIZEN. An act in further addition to "An act to establish an uniform rule of naturalization. That any alien. − _2. one thousand eight hundred and twelve. 24. one thousand eight hundred and two. and to repeal the acts heretofore passed on that subject. Ma 26." passed the twenty− second day of March. and who has continued to reside within tbe same. before the eighteenth day of June. &c. otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. be admitted a citizen of the United States. such alien shall make the declaration required therein at the time of his or her admission. between the fourteenth day of April." passed on the twenty−second day of March. shall be a sufficient compliance with said condition. without having made any previous declaration of his intention to become a citizen: 31. Provided. for three years next preceding. 23. one thousand eight hundred and twelve. and shall. being a free white person." App. Domicil. entitled " An Act relative to evidence in cases of naturalization. on oath. Be it enacted. That no certificates of citizenship. being born an alien. and the eighteenth day of June. and shall further declare. Provided. 430. 1828.otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. 27. who has resided within the Iimits and under the jurisdiction of the United States. be. two years before his admission. Be it enacted. anything in the said act. after he arrives at the age of twenty−one years. one thousand eight hundred and two. in consequence of an omission to comply with the requisition of the first section of the act. and to repeal the acts heretofore passed on that subject. − _2. − 7. and under the jurisdiction of the United States. one thousand eight hundred and sixteen. one thousand eight hundred and sixteen. 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. − 6. shall. &c. 2. 1824. That the second section of the act. & P. − _4. App. An mot to amend the acts concerning naturalization. and the same are hereby repealed. That a declaration by any alien.

et seq. 62. whether the tide ebb and flow in them or not. 240. to be granted by the collector. which is. wares. Inst. they or either of them shall. naval officer. 8. or the lightning. four ships to rate not less than seventy−four guns. to any justice of the peace. R. 4. to seize and secure the same for trial. Wat. but a stream navigable by sea vessels is a navigable river. _1. 30. 1 Bouv. the storm. it is enacted. It differs from echouement. 428. The name of an officer of the United States. of the same law. He who had the management and care of a ship. and expenditures. (and no duties shall be received without such estimate. 1282. 1 Story. 2 Ld. when it fought itself into notice. the art of ascertaining the geographical position of a ship. The sum of two millions five hundred thousand dollars is appropriated for the purpose. R. building. NAUTAE. U. the navigability of a river does not depend upon the ebb and flow of the tide. rivers or lakes. NAVIGABLE. 705. 180. to arms of the sea. NAVICULARIS. and it was not until during the late war. 2. by the violent agitation of the waves. 2. or secured to be paid. clearances. are public highways. subject to duty. or from bris. Tide Wat. 136. 590. 3 Story. U . 3 Dev. or other place. store. certificates. Ang. 2. authorized the president of the United States. store. and in Pennsylvania. The constitution of the United States. Courses. In law. S. to cause to be built. seize. 467. 2 Binn. The act of March 2. a vessel is swallowed up. 2 Story’s L. U. S.. Strictly speaking. U. And by _68. prescribes that the naval officer shall receive copies of all manifests. and therein to search for. 359. and surveyor. wares. 71. which is. In North Carolina. equipped and employed. vests in congress the power to provide and maintain a navy. Reliction. 1799. any such goods. & R. if found right. and if any shall be found. 199. By the common law. be entitled to a warrant to enter such house. Anterior to the war of 1812. 1813. 199. and other documents.) and shall keep a separate record thereof. 4. 62. R. the term navigable is applied to the sea. art. S. then took place. 643. French mar. Index. n. Naval officers are appointed for the term of four years. S. n.NAUFRAGE. art. t. 5 Pick. 14 S. It is not within the plan of this work to copy the acts of congress relating to navigation. on which the duties shall not have been paid. Raym. or so shattered that there remain only the pieces. shall have full power and authority to enter any ship or vessel. Pardes. Some legislation favorable to it. But the rules which regulate such carriers have been applied to carriers by land. whose duties are prescribed by various acts of congress. and entries. Vide Arm of the sea. the ships belonging to private individuals are not included in the navy. Ang. upon proper application. 1 M’Cord. 4. that every collector. and which may be caused by any accident whatever. The whole shippings taken collectively. 4 Call. debentures. 917. R. wares and merchandise. 580. . 2905. bonds. and directing her course.) and there to search for such goods. R. estimate the duties on all goods. or other place (in the day time only. 441: 3 Blackf. 5 Taunt. the impetuosity of the winds. remains whole. Gordon’s Dic. 1 Bell’s Com. NAVAL OFFICER. he shall certify the same. n. h. _21. C. when it strikes against a rock or a coast. for that purpose. when the vessel. NAVIGATION. when it is swallowed up. 3. or merchandise and if they shall have cause to suspect a concealment thereof in any particular dwelling house. Law Rep. 2. 1 Halst. such rivers as are navigable in the popular sense of the word. in which they shall have reason to suspect any goods. by either of them. but is grounded. that the public attention was seriously attracted to it. 2 Dev. and other accounts of receipts. he shall also examine the collector’s abstracts of duties. 3. and to rivers in which the tide flows and reflows. S. Com. or from sombrer. Inst. L. the navy of the United States bad been much neglected. Act of May 15. the accident is called naufrage. Bouch. Ang. the sinking of the vessel in the sea. 1. as soon as suitable materials could be procured therefor. 5 Pick. 205 1 Pick. The same as our sea captain. 1. civil law. on oath. and shall. in ships or other vessels. The act of traversing the sea. subject to duty. R. only carriers by water are comprehended under this word. Eng. Capable of being navigated. River. and merchandise. L. and all such goods. s. 75. together with the collector. and. The act of January 2. NAVY. 1820." 3. 59. which is. Tide Wat. and secure. and six ships to rate forty−four guns each. Vide Captain. or even an abstract of them. are concealed. Vide Wreck. or other person specially appointed. 2. but are removable from office at pleasure. The reader is referred to Story’s L. When. and shall countersign all permits. law. shall be forfeited. 1790. wares. or merchandise. belonging to the government of an independent nation.

L. Vide article Names of Ships. 1833. from the year 1821 inclusive. Bac. citizens of the same state. 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. 1873. including the sum of two hundred thousand dollars per annum appropriated by the act of March 3. The general issue in formedon. Beames’ Ne Excat. 1821. 2346." 10 Went. when it appears by a positive affidavit that the defendant is about to leave the state. Ch. con. appropriates the sum of two hundred thousand dollars annually for three years. or has threatened to do so. or ally part thereof. 8. the president is further authorized to have built six sloops of war. S.. Pr. of St. reciting that the defendant in the case is indebted to the a complainant. pleading. L. 1813. 1815. 2 Kent." 1 St. 761. R. the reader is referred to the act " for the better government of the navy of the United States. 517. S. It amounts in ordinary civil cases.. L. NE EXEAT REPUBLICA. h. 1813. 4. 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. The act of April 29. 1511. h.’ And of this the said C D puts himself upon the country.5. − 1. the third of March. may be said to have been the first that manifested the fostering care of congress. U. L. The act of March 3. Index. By. and twelve ships to rate not less than forty−four guns each. Pr. to rate not less than seventy−four guns each. 9. repeals the first section of the act of the 29th April. And the president is authorized to cause to be built nine ships. or of another state. and authorizes the president to procure materials for ship building. 2070. 6. 1827. 8 Com. The act of March 3 . 1 Smith’s Ch. And by the act of March 3. 1816. Pr. 1 Bl. U. S. 232. A further appropriation is made by the act of March 2. U. Dig. 182. of five hundred thousand dollars annually for six years from and after. 12. The sum of nine hundred thousand dollars is appropriated for this purpose. 138 Blake’s Ch. Winch. The subject may be considered under the following heads. and for want of such bail that he tlie sheriff. 352. to the said G B. The general issue in quare impedit. 4 Sharsw. 1 Supp to Ves. and to have built or procured such a number of sloops of war or other armed vessels. or to compel a party to give security to abide the decree to be made in his case. is appropriated. comes and defends the right. this act the sum of one million of dollars per annum for eight years. 1820. 577 5 Ves. He did not deliver. Index.. 1815. 467. 1816. NE DISTURBA PAS. with the appurtenances. It may be issued against foreigners subject to the jurisdiction of the court. 4 Ves. 1827. 2 Story. Against whom a writ of ne exect may be issued. 1833. 33. in manner and form as the said A B hath in his count above alleged. 551. S. and to pay two hundred thousand dollars for vessels already procured on the lakes. Prerogative. h. to nothing more than process to hold to bail. authorizes the suspension of the building of one of tlie ships above authorized to be built. 91. This writ is used to prevent debtors from escaping from their creditors. Ab. 3. Story’s Eq. 3 St. 2. 11. his attorney. directed to the sheriff. 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. or NON DEDIT. t. NE BAILA PAS. the Act of 22d December. NE DONA PAS. t. Hob. that he designs going quickly into parts without the state. The third section of this act authorizes the president to procure steam engines and all the imperishable materials for building three steam batteries. The name of a writ issued by a court of chancery. 162 Vide Rast. 3 St. U. Madd. and the president is authorized to cause the above mentioned appropriatiou to be applied as directed by the act of March 3. 1822. appropriates the sum of five bundred thousand dollars per annum for six years. and is in the following formula: "And the said C D. S. Ent. including one seventy−four and three forty−four gun ships. pleading. For the rules and regulations of the navy of the United States. L. and. 13 Vin. that the said E F did not give the said manor. practice. U. C. U. To repress piracy in the gulf of Mexico. t. to be applied to carry into effect the purposes of the said act. was passed. and says. 1313. and instead of the appropriation therein contained. S. S. by J K. do commit the defendant to prison. L. It appropriates one hundred and sixty thousand dollars for the purpose. authorized to be built by the act of January 2d. appropriates five hundred thousand dollars per annum for six years for the gradual improvement of the navy of the United States. Com. 537. U. 32 1 Clarke. 576. 1826. 3 Story’s L. lndex. and the heirs of his body issuing. jr. and that the debt would be lost or endangered . to the damage of the complainant. 7. 1816. towards the purchase of a stock of materials for ship building. 10.. for the gradual improvement of the navy of the United States. 2 Story. when. The act of May 17. by which the defendant denies the delivery to him of the thing sued for. &c. Com. This is a plea in detinue. 703. Ab. as the public service may require on the lakes. The act of March 3.

in such case. NE RELESSA PAS. 1 Hopk. 501. 10 Went. 1 Hodges. it cannot be issued. 8 T. 17. A plea by which the party who uses it denies that the plaintiff is an executor. R. 170. 8 Wheat. and a reasonable amount of future interest. when a writ of Be exeat is claimed. 7 Johns. 498. make legal engagements for necessaries for which they. Ch. When the court has concurrent jurisdiction with the courts of common law. 329. of release. which literally signify that it be not varied or changed. the writ may. Ch. Persons incapable of making contracts generally. 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. without the bag. unless the party has been already arrested at law. pleading. old Engl. R. P. in apt and appropriate words. Dig. The name of a plea in an action of account render. 1 Sell. 159. Pl.−3. Ch.by bis departure. 52. 183. Ab. 3. 145. R. & P. pleading. 120. 6 Johns. 582. 55. F. not unjustly to distrain or vex his tenant. NE UNQUES SON RECEIVER. 2 D. R. 598. can bind themselves or others for necessaries. 108. 2 Johns. A plea by which the party denies that he ever was lawfully married to the person to whom it refers. Ch. by which the defendant affirms that he never was receiver of tlie plaintiff. Coin. civil law. which must be applied to the circumstances and conditions of the parties. − 1. therefore. or other thing in which it may be enveloped. B. 3 Chitt. Morg. 2 Buls. The amount of bail. as the plaintiff in his declaration charges him to be. R. R. For what claims. 2. of all the necessary facts. R. 158. such as are usually worn by the party’s rank and situation in life. because the court has no jurisdiction. Ch. contracts. Ornaments and superfluities of dress. 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. 338. 1 Chit. t. Pl. 499. 1 Hopk. they are unprovided with necessaries. Pleader. 192. 414. 1 Saund. Chanc. 2 Johns. nevertheless. Ch. or that the defendant is executor. Infants are allowed to make binding contracts whenever it is for their interest. NE VARIETUR. 1 Campb. 412. although not bound by their usual contracts. It may be allowed in a case to prevent the failure of justice. and "good teaching . R. 1 Leigh’s N. PI. jr. h. The exact weight of an article. have been classed among necessaries. Pl. or those bound to support them. 578. R. which. and demands her dower in lands. The name of a writ which issued to relieve a tenant upon. so that she could be endowed −of the game. The name of a replication to a plea. R. When tlie demand is strictly legal. 8. for equitable demands. This writ can be issued only. 10 Went. 7 S. pleading. Lord Coke says. 15. 2 Wils. − 2. but includes many of the conveniences of refined society. and the authorities there cited. 594. & R. the plaintiff’s equity must appear on the face of the bill. 274. NE RECIPIATUR. The name of a servitude which restrains the owner of a house from making such erections as obstruct the light of the adjoining house. Rep. NEAT or NET. NE LUMINIBUS OFFICIATOR. will be held responsible. 3 Campb. Br. by a party in a cause. 138. NE UNJUSTE VEXES.. &c. include victuals. 2. 326. 3. 75. 62. not to receive the next proceedings of his opponent. 191. NE UNQUES ACCOUPLE. 1 Johns. NE UNQUES SEISIE QUIZ DOWER. because the husband was not. by which tlie plaintiff insists he did not release. See 2 Saund. In all cases. NE UNQUES EXECUTOR. 7 C. NECESSARIES. seised of such estate. 4. Ch. 8 Ves. The classes of persons who. on the day of her marriage with him. or any time afterwards. Dig. as he claims to be. A plea by which a defendant denies the right of a widow who sues for. 12 Vin. when. 1 Hopk. NEATNESS. 484. PI. 3 Johns. keg. box. are infants and married women. late of her husband. Ch. R. A caveat or words of caution given to a law officer. 5. 6. This does not destroy their negotiability. are sometimes written by notaries public upon bills or notes. The statement. It is a relative term. having regard to the probable duration of the suit. 31. pleading. These words. clothing. law. R. Lawes on Pl. 211 Bl. for the purpose of identifying them. and ne more. whom his lord had distrained for more services than he was bound to perform. 2. n. 3 Chit. See the form. pleading. R. may. 135. 2 2 Chit. 4. That it be not received. R. 499. Ch. 4 Desaus. 599. 3 Johns. Prec. 247. 7. N. medical aid. The amount of bail is assessed by the court itself and a sum is usually directed sufficient to cover the existing debt. issue. The term necessaries is not confined merely to what is requisite barely to support life. Such things as are proper and requisite for tlie sustenance of man. 118. It was a prohibition to the lord.

or to the injury of another. note. R. Dig. after the decease of his or her companion in possession of the decedent’s goods. NECESSARY AND PROPER. Obedience by a person subject to the power of another. Ev. I. 16 Mass. "it has been contended that by this must be understood what is indispensable. she is justifiable. 141. The cases which are justified by necessity. by necessity. Jac. needful. A wife is allowed to make contracts for necessaries. 1 Hare & Wall. and whoever gives credit to the wife afterwards. Ab. Contr. for example. 279. 492. 423. It neither enlarges any power. Jac. 3 Pick. But if the wife elopes. 146. because the actor has no will to do or not to do the thing. may be classed as follows: I. Ins. 37 1 Bibb. 9 John. Infancy. 198. Com. and as the act is done without will. 7. or conducive to. 5. t. 76. Com. 1637. 725. are included in the grant. c. vests in congress the power " to make all laws. Max. and even if notice be given not to trust her. that the means of carrying into execution those already granted. 112 2 Stark. There is another species of necessity. t. Reg. Enfant. Raym. 2 Bing. 5. P. 293. 50. Dec. Ham. 1 Salk. S. R. 1 Russ. Com. Max. if a wife should commit a larceny with her husband. Hob. 3.. 323. 172 a. Ev. Ev. 2 Roll. Dig. and. 217. 524. that congress shall have all incidental and instrumental powers. but he has no choice left but to do the act which may be injurious to another. Whatever is done through necessity. 11 Co. 74. still he would be liable for all such necessaries as she stood in need of. necessity has no law. 1 Taunt. 8. 2. Necessaries for the infant’s wife &lad children. C. 24. whatever makes the contrary of a thing impossible. For the preservation of life. R. who was thereby drowned. 6. Hence the maxim. 5. is called a way of necessity. the survivor is justified in having thrown off the other. specifically granted. Com.. 14 Mass. he is a mere tool. when a man’s lands are surrounded by those of others. though it be not with an adulterer. n. are necessaries for himself. NECESSITY. Bac. b. 2 Stark. 104. 1. _1231 to 1253. and her husband is generally responsible upon tbem. Max. H. 281. Ab. Cons−t. 12 John. is sufficient to put persons on inquiry. 170. 170. the very fact of the slopement and ’Separation. 8 T." 2. 1 Sid. 2 St. R. 71. In general. Com. Bac. then. whereby he may profit himself afterwards. or so presumed in point of law. 118 Ld. Id. 123. Index. Dig 10. 5. 3 M 20.) and is compulsory. 10. Reg. 3 Rawle’s R. 1 Lec. in this case the law presumes she acted by coercion of her husband. Law." they may buy them. Str. 16. the creditor would be required to show she did stand in need of the articles furnished. gives it at his peril. & C. to. is done without any intention. as public enemies. 1. 2 B. Litt. because his assent is presumed. 2 Halst. Clef des Lois Rom. 31. 56.. 8 Taunt. Bac. so that he cannot enjoy them without trespassing on his neighbors. 8 Day. Some controversy has taken place as to what is to be considered " necessary. The Constitution of the United States. Marsh. 52. 1006. Bac. ho is not chargeable even for necessaries. but in this case. or from the act of man. indeed necessity is itself a law which cannot be avoided nor infringed. 119. It follows. may be justified by necessity. R. Bac. but. R. 418−420. 168. This power bas ever been viewed with perhaps unfounded jealousy and distrust. Baron and Feme. necessary and proper to carry into execution all the express powers. 696. 3 M’Cord. The plain import of the clause is. nor is it a grant of any new power to congress.. Sel. would. 106. 3 Story. 20. Chit. See 3 Rawle. R. and their contracts will be binding. Cr. 234.. 3 Jacob’s Intr. 1 Sid. Ab. Co. Cro. the agent is not legally responsible. The way which is thus obtained. be im lied. without this clause. 3. art. 5. h. h. on Parties. and all other powers vested by this constitution in the government of the United States. 519. it is conceived. 534 Dane’s Ab h. that the acts of a man in violation of law. which shall be necessary and proper. Those cases which arise from the act of God. It is merely a declaration for the removal of all uncertainty." 4 Wheat. R. Vide dct of God. 2 Nott & McC. (q. 50. requisite. 1 Salk. in fact. 11 John. For example. Ab. 2 Kent. N. in any department or officer thereof. Str. Scotch law. 6. as if two persons are on the same plank. 2 Bouv. R. v. 96. t.and instruction. 131. being compelled. is a power expressly given. − 2. . 1 Saund. s. 3 Kent. and one must perish. 495. ST. When the husband or wife continues. The actor in these cases is not compelled to do the act whether he will or not. but it is obvious the term necessary means no more than useful. 289. NECESSARY INTROMISSION. 4. Ham. when connected with the word " proper. Gale and Whatley on Easements. this necessity must be absolute and irresistible. It is in this sense the word appears to have been used. R. Pleader. Reg. 3. 3 M 30. − 2. Reg. 1. 647. Inevitable Accident and also 15 Vin. 713. or inevitable accident. for their preservation. 60. which. or to lose the total use of his property. s. Inst. R. 109. 4. − 3. for carrying into execution the foregoing powers. − 4. Cro. 170. incidental. R. B 5. whatever may be the cause of such impossibilities.

An averment in some of the pleadings in a case in which a negative is asserted. 2 Gall. 3. 218. Statutes. 11 John. thus we say the president has put his negative upon such a bill. it. R. I. 709. 1 Mass. 8 Toull. n. the debtor is responsible only for . N. Steph. R. It may be observed that this form of traverse may imply. 298. Ordinary negligence is the want of ordinary diligence. Ev. R. One where the thing which is the subject of it must not happen. 7. R. Gilb. and without the establishment of which. n. In those contracts which are made for the sole benefit of the creditor. 2. c. Bac. or carry within it. that form of expression has been free from objection. 2. namely. 184. 28 H. Such form of negative expression. 10. 10 East. when. the negative averment involves a charge of criminal neglect of duty. it must be proved. as. Dig. that the plaintiff’s daughter gave him license to do so. to have received no very strict construction. One which is enacted in negative terms. 1 Phil. 200. n. 50. 295. 3 East. Ev. R. 72. that it has no force in opposition to the statute. 6. 1 Lev. R. P. Rep. Dig. This word has several significations. 345. established for the purpose of shortening and facilitating investigations. ÿ202. the license is not expressly admitted. Inst. It is also used in contradistinction to affirmative. Ab. 3 Campb. but as this rule is not founded on any presumption of law in fav−or of the party. Bac. negligence may be divided into various degrees. Upon the same principle. Negative Pregnant. because the meaning of such form of expression is ambiguous. c. Poth. 4. pleading. Bull N. 54. torts. that a license was given: at the same time. or to deny. 40. Style’s Pr. to contracts. that the license was given. Three great principles of responsibility. NEGLIGENCE. 383. Lawe’s Civ. 18. 114. Pleas. 87. but is merely a rule of practice and conveience. and that he entered by that license. evidence. Hob. Reg. When a party affirms a negative in his pleadings. Vide Affirmative Innocence. incumbent on the party asserting its illegitimacy to prove it. Ev. Pl. by evidence. 302. therefore. and gross or more than ordinary negligence. G. 1 Bouv. Gilb. NEGATIVE AVERMENT. ceases in all cases when the presumption of law is thrown into the opposite scale. − 1. 1 Stark. 817. 3089. 1 Miles’ Rep. 137. 485. against a negative pregnant. Vide 2 Gall. Gould. This is faulty. When considered in relation. See several instances in Com. 3. if I do not marry. when the issue is on the legitimacy of a child born in lawful wedlock. Vide Onus Probandi. 298. It is therefore in the language of pleading said to be pregnant with the admission. PI. and not both together. 2 Selw. Ab. and the effect therefore is. Ob. Vide Veto. in modern times at least. For example. N. 15 Vin. Steph. namely. ordinary. NEGATIVE STATUTE. 3 Bouv. P. Doct. Vide Arch. 375. 16. 88. NEGATION. _29−37. NEGATIVE. When the issue is on the legitimacy of a child. 19 John. 6. wills. 376. 3. & P. for the law presumes every man to perform the duties which it imposes. 345. 381. It is this ambiguity which appears to constitute the fault. 2. 6. however. upon various grounds of distinction from the general rule. Ev. Pl. 145. It is a general rule. R. Gourd. 19 John. he cannot recover or defend himself. Jac. more than ordinary. as. Parl. 513. contracts. yet this rule ceases to operate the moment the preumption of law is thrown into the other scale. Ev. a negative does not always admit of the simple and direct proof of which an affirmative is capable. 498. seem naturally to follow this division. or the license by itself. R. n. as may imply or carry within it an affirmative. 36. 709. the defendant pleaded. This rule. 3 B. 2. Civ. that the defendant entered by virtue of that license. 1 Pick. 540. NEGATIVE PREGNANT. that the point in issue is to be proved by the party who asserts the affirmative. SS 80. Greenl. tlie want of great diligence.and Way. and which so controls the common law. Bull. 1 McCord. for many cases have occurred in which. in pleading. whether official or otherwise. 211. R. pl. Pl. is the want of slight diligence. slight or less than ordinary negligence. Example: in trespass for entering the plaintiff’s house. P. PI. it is. pleading. This was considered as a negative pregnant and it was held the plaintiff should have traversed the entry by itself. and he must prove the negative. Inst. 4. Pl. 573. 1. Denial. to leave it in doubt whether the plaintiff means to deny the license. Although as a general rule the affirmative of every issue must be proved. Ab. &c. Pleader. VI. Cro. is. though the defendant did not enter by that license. it is incumbent on the party asserting the illegitimacy to prove it. Bro. R. N. Two negations are construed to mean one affirmation. 751. The plaintiff replied that he did not enter by her license. 192. It is used in contradistinction to giving assent. R. 2 Selw. less than ordinary. appears. Pl. NEGATIVE CONDITION. P. contracts. the burden of the proof lies upon him. 145.

1 Str. 4 Blackf. 64. be is liable to an action for damages at the suit of the plaintiff. C. 2 Whart. Hob. 96. and in consequence of it. payable to order. 10. printed at the end of the Traite des Obligations. of pledge. Com. as a book debt. 129. 490. R. which are assignable by indorsement or delivery. Vide Gale and Whatley on Easements. R. Pothier makes two exceptions. The omission to take such a care of a prisoner as a gaoler is bound to take.) made promissory notes payable to a person. t. 294. Jones’ Bailm. For a negligent escape. 659. Obs. 2.gross negligence. _23. _237. and not out of a particular fund. 272. 380. 4 Mont. 2 Lord Raym. promissory notes. but the assignee is entitled to it in equity. & Munf. 5. when the instrument is payable to bearer. 4 B. 1 Salk. So that. 2 New Rep. negotiable like inland bills. or in effect. bills of exchange. Index. 62. 691. 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. 252. such as the drawer of a bill. in some states. R. Com. 3 East. 3 East. a party who has caused an injury or loss to another in consequence of his negligence. 170. Dane’s Ab. and in a civil case. 2 Hen. but to this general rule. 106. 2.. Marsh. is bound to use necessary care. 1 Taunt. NEGOTIABLE. 17. Gen. 6 Cowen. In both cases. & R. 2 Bing. without the knowledge or consent of the gaoler. unless the holder has been guilty of laches in giving the required notice of non−acceptance or non−payment. at all events. This term is applied to bills of exchange and promissory notes. who is a bailee without reward. and the other parties to such instruments. 262. h. 2. R. the party undertaking to perform these engagements. Observation Generale. Story. indorsement. Fault. contracts. Lyr. 6 E. see 1 Q. . 9. 5 Esp. This negotiable quality transfers the debt from the party to whom it was originally owing. See Bouv. 2 Stark. 590. C. 1 Bibb. R. 174. he may be indicted for such neglect. good faith alone being required of him. & Sc. 593. − 2. a. 3. R. and he will therefore be held responsible for ordinary neglect. 65. 1 Ham. a thing. See 1 W. 3 Wils. 134. S. or bearer. either formally. 6. 6 J. 4 Whart. NEGLIGENT ESCAPE. 497. or the acceptor of a bill of exchange. or commodatum. now. J. 3. of hiring. bank notes. to the holder. h. as in tile case of a depositary. 1 Chit. 909. 1 Cowen. Marsh. 3 Bl. 596. such. 47. 120. 2 Cam b. the prisoner departs from his confinement. in relation to the contract of a mandate. In general. R. 6 Mod. ubi supra. and others have been introduced by legislative acts. 119. for the object of the contract. & D. and he neglects to perform it. the title to which may be transferred by a sale and indorsement or delivery. and in some cases such neglect will amount to a forfeiture of the office. 466. and therefore contracts or agreements could not be negotiated. 5 B. Pothier. 3 M. The first. when the instrument is properly indorsed. the prisoner may be retaken. 4 P. according to the custom of merchants. 1 East. such as those of sale. 4 Bl. for example. 233. R. ubi supra. 275. 272. and the second. or to bearer. 642. 140. 8. 124. Gener. Index. That which is capable of being transferred by assignment. Inst. R. 3. 263. 423. In those contracts made for the sole interest of the party who has received. 14 Serg. − 3. to the quasi contract negotiorum gestorum. and eludes pursuit. as loan for use. R. 568. 4 Watts. A chose in action was not assignable at common law. 6 Munf. he says. 94. 7. 170. so as to enable the latter to sue in his own name. & C. the sheriff or keeper of the prison is liable to punishment in a criminal case. 130. 3 Halst. But exceptions have been allowed to this rule in relation to simple contracts. 19 John. Sel. Jones’ Bailment. t. In those contracts which are for the reciprocal benefit of both parties. both the maker of a promissory note. & A. 596. is responsible for all the consequence. NEGOTIABLE PAPER. it is essential that it be payable in money only. Story. 158 to 194 Negotiable paper. 6 T. c. B. or by delivery. 1 Campb. Obs. & Rawle. 400. Hare & Wall. may be transferred by assignment. bills of lading. C. 119. 108. R. But in order to make paper negotiable. and the indorser of a bill or note. Pothier. such. the slightest negligence will make him responsible. 503. for example. bonds and other specialties. 35. 542. 10 S. Dec. R. The statute of 3 & 4 Anne (the principles of which have been generally adopted in this country. Story’s Bailm. TI. Whether the incautious conduct of the plaintiff will excuse the negligence of the defendant. 9 John. 550. and he may therefore recover it in the assignor’s name. Bailm. the party is bound to take. 2. 415. in these cases. When a claim is assigned which is not negotiable at law. L. R. 29. or to his order. by which he commits an injury to another. 512. and the like. that care which a prudent man ordinarily takes of his affairs. 126. J. 3 J. and. the title to it remains at law in the assigner. and is to return the thing which is the object of the contract. whether it be by common law or statute. When the law imposes a duty on an officer. 1 Miles. 628. generally. C. Bailm. See.

340. After his arrival in port. 2. 8. and sometimes. as he acts wholly without authority. where his own valuables were kept. 1. F 15. Poth. Poth.144. there is no contract which can be enforced on the note: the contract. insurance. belonging to a passenger. to restrain its negotiability will be unavailing. in many cases. by Brodie. 1516 6 Cowen. if a person enters upon a minor’s lands. diminish. but the civil law raises a quasi mandate by implication. that it belongs to the citizens or subjects of a state in amity with the belligerent powers. Until an accommodation bill or note has been negotiated. In the civil law. in the presence of the passengers. 21 Pick. contracts The deliberation which takes place between the parties touching a proposed agreement. SS 52. 2. When it is payable " to A B only. 2. Dane’s Abr. are used to signify the unanimous consent of the house to which they are applied. or a bond woman. and that he had been guilty of negligence in guarding the goods. rel. 4. it must be payable to order. 514. there can. 5. B. 1 to L4. and received on board of his vessel a box. That which transpires in the negotiation makes no part of the agreement. or he may indorse it in blank. Mandat. An indorsement to A B. t. A grandson. It is a general rule that no evidence can be given to add. and may at any time by returning there recover all the privileges . when any attempt. the bag was missing. Bac. t. Esp. 3 B. NEPHEW. NEMINE CONTRADICENTE. 167. NEGOTIATION. 911. R. 1 Dall. Vide 3 Kent. conditional. See Story. Com. when unauthorized acts are done. 4 Dall. Rep. which approaches very near to that of negotionum gestorum. usually abbreviated nem. strictly speaking. 4. 616. is. The master was held responsible for the loss. 683. t. NEUTRAL PROPERTY. to ascertain its contents. These words. 5. where there has been a subsequent ratification of acts of this kind by the owner. & Gr. the master opened the box. Story. the negotiorum gestor is one who spontaneously. 3. 2. 609. P. is not neutral property. 180. N. 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. 3 Burr. l. that is. 1 Jacob’s Ch. Pand. 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. without adding " or order. 3. be no contract. _142. A 3. con. This neutrality must be complete hence the property of a citizen or subject of a neutral state. 7 S. 278. in his affairs. and whether there were contraband goods in it. Inst. 3. & C. NEIF. n. assign it to another. Abr. either express or implied. 113. This term is used in making genealogical tables. To render a bill or note negotiable. 265. See Pourparler NEGOTIATION. 509. 615. 7 Taunt. NEPOS. and takes the profit’s. for the benefit of the owner in many such cases. n. Com. 1.. 1 Bl. Ob. In cases of this sort. 2. till then. 8. 2 Man. contradict or alter a written instrument. For example. & R. Dig. ch. Bailm. 2 Kent. who was to have worked his passage. R. 19. Dig. Com. Nor is an implication of this sort wholly unknown to the common law. R. positive presumptions are made by law for the benefit of particular. old Eng. have the effect of warranting that the property insured is neutral. dom. NEGOTIORUM GESTOR. 114. therefore. 3. but was accidentally left behind. 207. or to bearer. 47. Poth. R. law. 268. A master bad gratuitously taken charge of. undertakes to act for another during his absence. The son of a person’s brother or sister. 426. 16. 151. he may. 9. domiciled in the dominions of one of the belligerents. 2. SS 10. contracts. &c. merc. unless introduced into it. Inst. Cas. Indorsment. 295. In England they are used in the house of commons. the words to convey the same idea are nemine dissentiente. 284. 7 Bing.. 2. Dougl. art. 140. Ersk. 2 Hill. 1 Stark. Dig. & R." it cannot be negotiated so as to give the indorsee a claim against any one but his indorser. he might not otherwise have been bound to take more than a prudent care of them. There is a case which has undergone decisions in our law. Agency. Amb. 3 S. as his bailiff. 5 T. Merchant. and without authority. legislation. law. the law will oblige him to account to the minor for the profits. afterwards. containing doubloons and other valuables.. Gest. Vide Promissory note. Negot. Str. Account 1. App. Code. A woman who was born a villain. and carrying on commerce there. Lecture 44. _3 to 6. that the party accommodated will indemnify the other. 3d ed. 11 Verm. although as a bailee without hire. and he took out the contents and lodged them in a bag in his own chest in his cabin. During the voyage. Accompt. 59." is not restrictive to A B alone. 13 East. n. Stair. Com. B. Vide Blank Indorsement. for though such person continue to owe allegiance to bis country. 557. The words "neutral property " in a policy of insurance. 237. 1. in the house of lords. _189. parties.

363. 4 Cranch. 5. ’Index. 2. 182. and particularly in so far restraining its trade to the accustomed course. 4. Ins. C. Cas. In making such adjustment the rule is to apply the old materials towards the payment of the new. are so framed as to be capable of covering several injuries. 487. from the generality of the statement in the declaration. c. C. h. that the first is the assault intended. Supposing the plaintiff to bring an action for the latter. c. R. 1. A term used in the law of insurance in cases of adjustment of a loss. See also 2 Johns. n. Ins. an invention must be new. 1 Kent. NEW AND USEFUL INVENTION. B. so as not to afford advantage in the war to either party. 360. 1. 4 Cowen. 2 John. 4. c. when it has been but partial. One fitting out and arming a vessel in the United States. u. 8 Mass. circumstances of excuse . and sometimes. R. See 1 Binn. R. being in self−defence. Bee. and one of the assaults is justifiable. C. 9. 406. nations at war with each other. Law of Nat. 1 Caines’ C. 506. Err. Vattel. Vide Marsh. R.of a citizen or subject of that country. 119. lib. because the invention was not new. Dougl. 1. 16. 14 Pick. 2. Mann. Declarations are conceived in very general terms. 205. 116. 9. 1818. C. NEW or NOVEL ASSIGNMENT. but useful. l John. and afterwards a person takes out a patent for it. 471. Comm. 7. 14 Johns. & R. 16 & 17. Chitty. the defendant is not sufficiently guided by the declaration to the real cause of complaint. the policy will be void ab initio. This phrase is used in tlie act of congress relating to granting patents for inventions. and is. A fraudulent neutrality is considered as no neutrality. 67. B. This plea the plaintiff cannot safely traverse. R. 9 Cranch. and that no act of the insured or his agents shall be done which can legally compromise its neutrality. 7 Pick. The violation of neutrality by citizens of the United States. 384 a. 4 Ohio. 284. which is held in time of peace. NEUTRALITY. his patent is invalid. Cobbett’s Parliamentary Debates. 203. 818. 3 Bos. c. 185. Cas. The defendant may. C. and is not therefore entitled to the protection of a neutral flag. 6 Pet. 9 Moore’s Rep. C. therefore. and to allow the deduction of one− third new for old upon the balance. that is. the defendant is not informed to which of the two assaults the plaintiff means to refer. from the nature of the action. that. l Johns. 308. while the other may have been committed without legal excuse. 245. 5.. it is made. C. h. 7 Wheat. The meaning of this warranty is. 191. c. C. that the property does belong to neutrals. 5 Binn. 274. NEW. 9: 1 Pet. 6. R. & Scott. Martens. The effect of this is. or affect to suppose. & Rawle. 445. Renouard. 2 Dall. 480. 481. It is not meant that the invention should in all cases be superior to the modes now in use for the same purposes. 7 Mann’ & Gr. it may happen that the plaintiff has. Inst. Esp. 1 Paine’s C. 8. 1 Mason’s C. R. 128. page 177. 2 Serg. renders the individual liable to an indictment. c. 425. 302. 4 Wash. Bee. Bunk. NEW FOR OLD. s. because an assault was in fact committed by the defendant. The state of a nation which takes no part between two or more other. 265. 119. under the. 207. C. Cas. 586. is therefore indictable. to commit hostilities against a foreign power at peace with them. 3 Wash. and it shall be so in appearance and conduct. xxv. 1 Mason’s C. 3. Cas. 4. For example. When an invention has been described in a printed book which has been publicly circulated. 259. Precis. Com. To be patented. R. But if the ’ship. Gr. 108. Marsh. See 1 Cowen. 3. 141. 3 Mann. suppose. by deducting the value of them from the gross amount of the expenses for repairs. The law as to the usefulness of the invention is the same in France. s. 180. 1826−1831. In policies of insurance there is frequently a warranty of neutrality. n. Neutrality consists in the observance of a strict and honest impartiality. 3. as such by the other belligerent. pleading. R. 2 S. 2. 2 Dall. led to apply his answer to a different matter from that which the plaintiff has in view. and his property is deemed enemy’s property. & Pull. 2 Johns. 60. s. l Caines’ R. Cas. that it is or shall be documented so as to prove its neutrality. C. SS 104. therefore. Index. and will plead son assault demesne. in some cases. 3. See 1 Caines. contrary to the provisions of the act of congress of April 20. Pet. t. this is a sufficient compliance with a warranty of neutral property. 478. 5. 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. 705. 1 Gallis. 1. yet while he resides in the dominion of a belligerent he contributes to the wealth and strength of such belligerent. Something not known before. C. R. pt. international law. t. 7 Cranch. R. c. _3.. liv. SS 306. and a subsequent declaration of war will not be a breach of it. The invention to be patented must not only be new. 270. Burlamaqui. 274. 293. Boucb. 117.. If the warranty of neutrality be false at the time. 308. 548. and liable to capture.. that the property insured is neutral in fact. 1. and property are neutral at the time when the risk commences. 7. useful in contradistinction to frivolous or mischievous inventions. See New and Useful Invention. Park’s Ins. 16 Johns. R. been twice assaulted by the defendant. 464.

differing only in this. 12. who is not seised of a freehold estate. Civ. held at Concord. Pl. NEW HAMPSHIRE. and at such times as they may judge necessary and are declared to be dissolved seven days next preceding the first Wednesday in June. but. on the second Wednesday of February. − 1. excepting paupers. 1 Chit.here alleged. and places unincorporated. Steph. Bac. PI. to correct the mistake occasioned by the generality of the declaration. more properly considered as a repetition of the declaration. Arch. − 2. 13. 1792. and parish with town privileges. and ’then. or for pleading in confession and avoidance. The name of one of the original states of the United States of America. The house of representatives will be considered in relation to its constitution. − 4. 11. that it distinguishes the true ground of complaint. 286. Doct. The supreme legislative power is vested in the senate and house of representatives. The constitution of this state was altered and amended by a convention of delegates. as being different from that which is covered by the plea. 318. in the manner provided for by the commission under which they then acted. c. The plaintiff. and is therefore in the nature of a replication. 602. each of which bas a negative on the other. 299 c. − 1st. I 4. by adjournment. Bac. 4. 1. − 2. In some cases. by the authority of royal commissions. 7. Book. − 2. another assault. − 1. 5. it should be even more particular. 5. to be duly warned and holden annually forever in the month of March. New Hampshire was governed. The senate and house are required to assemble on the first Wednesday in June. Trespass I. As the object of a new assignment is to correct a mistake occasioned by the generality of the declaration. Pl. 4. 1 Saund. the legislative. as the declaration itself. and this upon the first principle by which the first new assignment was required. and persons excused from paying taxes at their own request. the defendant might plead as above to the declaration. The electors are the same who vote for senators. See 3 Bl. The senate is to consist of twelve members. who is not of the age of thirty years. he might again justify. and to presume that such assault. of the value of two hundred pounds. PI. and for two years at least next . has no course. 1 Saund. 2. Every male inhabitant of each town. 2. 4. 245. Com. the executive. the duration of their office. and no other. 5. the number of members. down to the period of the Revolution. − 3. The powers of the government are divided into three branches. Trespass. by way of plea to the new assignment. and the judicial. under the same divisions which have been made in relation to the senate. in his own right. Several new assignments may occur in the course of the same series of pleading. not being able safely to traverse. Its general assembly enacted the laws necessary for its welfare. 1 Story on the Const. __78 to 81. if it be supposed that three distinct assaults had been committed. The senators are to hold their offices from the first Wednesday in June next ensuing their election. 9. Lawes’ Civ. − 1. 241−243. in the supposed case. was the cause of action. Thus in the above example. 1 Chitt. 311. 614. to vote in the town or parish wherein he dwells. to prove these circumstances. The senators are elected by the electors in the month of March. 1 Chit. A new assignment is said to be in the nature of a new declaration. and who shall not have been an inhabitant of this state for seven years immediately preceding his election. It will be considered with reference to the qualifications of the electors the qualifications of the members. in the said state. PI. 8. indeed. It seems. 3. 163. 3. and the time and place of their election. 610. 299 c. PI. have a right at the annual or other town meetings of the inhabitants of said towns and parishes. Abr. the defendant would have a right under the issue joined upon such traverse. Pl. Being in the nature of a new or repeated declaration. 5. 10. upon which it would be necessary for the plaintiff to new−assign a third. and to declare that he brought his action not for the first but for the second assault and this is called a new assignment. two of which were justifiable. however. and having no ground either for demurrer. 6. Abr. in the same manner. lying within this state. During its provincial state. of twenty−one years of age and upwards. It is not used in any other part of the pleading. and a the time thereof he shall be an inhabitant of the district for which he shall be chosen. 2. Steph.. 2. They are styled The General Court of New Hampshire. for the senators of the county or district whereof be is a member. Every member of the house of representatives shall be chosen by ballot. Pl. it always occurs in answer to a plea. Lawes’ Civ. in this state. it is consequently to be framed with as much certainty or specification of circumstances. by a new pleading. 318. Pl. The senate. No person shall be capable of being elected a senator. therefore.

for the purpose of choosing a representative. by virtue of any power by this constitution granted. − 5. − 5. and with them encounter. − 3. parish. − 4. − 2. There shall be in the legislature of this state. In case of any infectious distemper prevailing in the place where the general court at any time is to convene. or place very inconvenient. 18. one half of which to be a freehold. by all ways and means whatsoever. through the several towns. and put in warlike posture the inhabitants thereof. parish. Of the governor.preceding his election. and seasonably notified thereof. The executive power consists of a governor and a council. the governor may direct the session to be holden at some other. instruct. 19. are the same as those of senators. and all the military forces of this state. make three hundred such rateable polls. or places. time hereafter. as well by sea as by land. The qualifications of electors of governor. and afterwards in that which has the next highest number and so on. at the time of his election. shall have been an inhabitant of this state. The governor. − 2. and founded upon principles of equality. destroy. conquering. or oblige them to march out of the limits of the same. 20. wherein most of the rateable polls reside. and to lead and conduct them. parish. or the consent of the general court. and also in rebellion. He is commander−in−chief of the army and navy. ammunition. by himself or by any chief commander. every town. if four hundred and fifty rateable male polls. exercise and govern the militia and navy. by rotation. for every additional representative. to be exercised agreeably to the rules and regulations of the constitution. having one hundred and fifty rateable male polls. and other goods. of the value of one hundred pounds. declared by the legislature to exist. and in order that such representation may be as equal as circumstances will admit. to assemble in martial array. or other officer or officers. all and every such person or persons. arms. and over the militia in actual service. as occasion shill necessarily require. 1. or places forming the district. of twenty−one years of age. shall be. all and every such person and persons as shall at any time hereafter in a hostile manner attempt or enterprise the destruction invasion. shall have an estate within the district which he may be chosen to represent. shall be classed by the general assembly. or hereafter to be granted to him by the legislature. to train. and have an estate of the value of five hundred pounds. and also to kill. 2. as shall in a hostile manner invade. or place. transport any of the inhabitants of this state. at the time of his election. or place. that the governor shall not at any. repel. shall not have one hundred and fifty rateable polls. entitled to town privileges. with their ships. And surprise. The election is in the month of March. whereof he is seised in his own right. . and for the special defence and safety of this state. the mean of increasing number. or place. and conquer by all fitting ways. in fine. His general powers and duties are as follows. annually. and admiral. and upwards. and to use and exercise over the army and navy. or place entitled to town privileges. by sea and land: ana shall have full power. or any other cause whereby dangers may arise to the health or lives of the members from their attendance. Such towns. the first annual meeting shall be held in the town. parish. may elect one representative. − 1. namely 1. slay. 3. without the advice and consent of the council. as have less than one hundred and fifty rateable polls. namely: The governor of the state for the time being shall be commander−in−chief of the army and navy. And in every class formed for the above mentioned purpose. parish. repulse. within and without the limits of this state. 17. a representative to the general court. enterprise and means. be of the age of thirty years. detriment. He is elected annually. and be so situated as to render the classing thereof with any. nor grant commissions for exercising the law martial in any case. annually elected. or annoying this state: And. and the laws of the land: Provided. from time to time. by force of arms. without their free and voluntary consent. other town. 14. or attempt the invading. within the state. 22. invasion. proceeding in that proportion. The members are to be chosen annually. − 4. 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. upon application of a majority of the voters of such town. parishes. if necessary. issue a writ for their selecting and sending. as aforesaid. may elect two representatives. the governor is hereby entrusted with all other powers incident to the office of captain−general and commander−in−chief. and is invested with power on this subject very minutely described in the contitution as follows. − 3. He is invested with the veto power. must have been an inhabitant of this state for the seven years next preceding. 15. and so. and pursue. The election is to be in the month of March. Whanever any town. 21. one−half of which must consist of a freehold in bis own right. the law martial in time of war. parishes. the general assembly may. 16. a representation of the people. or annoyance of this state. resist.

coroners.−3. 2. and at the time of his election an inhabitant of the county in which he is elected. and between them and New York. NEW JERSEY. absence from the state or otherwise. This state. all sheriffs. and granting letters of administration. The council consists of five mem bers. excepting those concerning whom there is a different provision made in this constitution: Provided. except in cases of impeachment. They are elected annually. The governor and council jointly. All matters relating to the probate of wills. commissioned and sworn. and alimony. and governed by a governor appointed by the crown. No judge or register of probate. shall act as attorney. Their principal. or justice of the peace. 28. and who shall not have been in inhabitant of this state for seven years immediately preceding his election. shall hold. and who is not thirty years of age. when the damages demanded shall not exceed four pounds. place of any justice of the peace. The council. when it was first settled. after he has attained the age of seventy years. with consent of council. The judicial power is distributed as follows: The tenure that all commissioned officers shall have by law in their offices. 6. duly appointed. 24. on such fixed days as the conveniency of the people may require. the governor. No person shall be capable of being elected a councillor who has not an estate of the value of five hundred pounds within this state. 3. They have the power of pardoning offences. two provinces. or be of counsel. if necessary. Whenever the chair of the governor shall become vacant. after conviction. which bore the names of East Jersey and West Jersey. three hundred pounds of which (or more) shall be a freehold in his own right. 26. during such ’Vacancy. 5. and upon the expiration of any commission. 4. in such manner as the legislature have directed. so that a trial by jury in the last resort may be had. and general and field officers of the militia. the attorney−general. or sheriff of any county. 1. may remove them upon the address of both houses of the legislature. − 2. to any Party. their offices during good behaviour. 33. 27. No person shall hold the office of a judge in any court. the same may. in matters which shall come or be brought before him as judge. Each branch of the legislature. was divided into. all commissions of justices of the peace shall become void at the expiration of five years from their respective dates. They are required to appoint all judicial officers. or judge of probate. the governor is vested with. assisted by a council. 34. The general court are empowered to give to justices of the peace jurisdiction in civil causes. In order that the people play not suffer from the long continuance in. who shall fail in discharging the important duties of his office with ability and fidelity. as shall most conduce to the well being of the state. or receive any fees as advocate or counsel. All causes of marriage. Serious dissensions having arisen between them. to Queen Anne. This body is elected by the freeholders and other inhabitants qualified to vote for senators. They were granted to different proprietaries. 25. shall have authority to require the opinions of the justices of the superior court. or another person appointed. 29. and title of real estate is not concerned but with right of appeal to either party. to some other court. and the judges of probate shall hold their courts at such place or places. and upon solemn occasions. No judge of any court. nevertheless. and an assembly of the representatives of . − 2d. The election is in the month of March. in these cases the governor and council have a negative on each other. when personally present. by reason of* his death. as well as the governor and council. 3. but when the president of the senate shall exercise the office of governor. or originate any civil suit. act as advocate. powers and duties are as follows: 1. 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. he shall not hold his office in the senate. 30. but not of their lands.23. 32. when the two houses cannot agree as to the time of adjournment. They may adjourn the general court not exceeding ninety days at one time. shall be expressed in their respective commissions all judicial officers. by this constitution. divorce. have and exercise all the powers and authorities which. registers of probate. and the legislature from time to time appoint. or justice of the peace. or may hereafter direct. solicitors. upon important questions of law. and all officers of the navy. 1702. shall be of counsel. the president of the senate shall. Their principal duty is to advise the governor. be renewed. 2. 31. they were immediately reunited in one province. induced the proprietaries of both provinces to make a formal surrender of all their powers of government. in April. shall be exercised by the judges of probate. 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. The name of one of the original states of the United States of America.

2. Art. chosen by the freeholders. 4. 17. idiot. And he must be entitled to suffrage at the time of his election. s. and when made shall remain unaltered until another enumeration shall have been taken. 13. Art. next before his election. that each county shall at all times be entitled to one member: and the whole number of members shall never exceed sixty. barrack. of the age of twenty−one years. n. − 3. 2. 15. s. Art. The senators are elected on the second Tuesday of October. when the new constitution was adopted. The of senators. 5. Each house shall direct writs of election for supplying vacancies. 10. − _1. 18. it continued in. Every white male citizen of the United States. Of the time for which they are elected. they shall be divided. s. Each house shall be the judge of the elections. 12. shall be considered a resident in this state. 2. − 2. or person convicted of a crime which now excludes him from being a witness. by resignation or otherwise. by. session till the 29th day of Tune. who shall not have attained the age of thirty years. or hereafter may be elective by the people. determine the rules of its proceedings. s. and of the county for which he shall be chosen one year next before his election. It further provided that no person or persons belonging to. The seats of the. s. By art. As soon as the senate shall meet after the first election to be held in pursuance of this constitution. or:otherwise. or military or naval place or station within this state. of the general assembly. as equally as may be. who shall be apportioned among the said counties as nearly as may be according to the number of their inhabitants. returns. Art. 1. shall be entitled to vote for all officers that now are. 6. and of the third class at the expiration of the third year. 4. the person elected to supply such vacancies shall be elected for the unexpired terms only. n. s. that no person in the military. 4. This form of government continued till the American Revolution. and it is provided by art. The general assembly will be considered in the same order that has been observed in speaking of the senate. senators of the first class shall be vacated at the expiration of the first year. He must be entitled to this right of suffrage. 11. which continued in force till the first day of September. for three years. it will be proper to consider. and if vacancies happen. Art. No person shall be a member. A constitution was adopted for New Jersey on the second day of July. 1. 1. 1776. − 1st. that this constitution shall take effect and go into operation on the second day of September. n. but a smaller number may adjourn from day to day. The senate shall be composed of one senator from each county in the state. Of the number−of senators. shall exercise any of the powers properly belonging to either of the others. or marine service of the United States. under such regulations as may be prescribed by law. s. 4. − 4. and of the county in which he claims his vote five months next before the election. − 4. Art−. and may be. 2. 4. The same persons who elect senators elect members of the general assembly. who shall not have attained the age of twenty− one years. In treating of the senate. 4. 3. 3. insane person. and an apportionment of members of the general assembly shall be made by the legislature. or constituting one of these departments. No person shall be a member of the senate. provided. − 3. 1844. 2. − 2. and of the county for which he shall be chosen one year. 1844. provided. 4. and have been a citizen and inhabitant of the state for four years. − 1. of the second class at the expiration of the second year. naval. 8. but if vacancies occur during the recess of the legislature. . n.−3. resignation. Members of the legislature are elected yearly on the second Tuesday of October. 7. − 1. unless pardoned or restored by law to the right of suffrage. who shall have been a resident of this state one year. shall enjoy the right of an elector. 1844. the writs may be issued by the governor. and a majority of each shall constitute a quorum to do business. so that one class may be elected every year. and qualifications of its own members. 1. inclusive. with the concurrence of two−thirds. A convention was assembled at Trenton on the 14th of May. The legislative power shall be vested in a senate and general assembly. 8. 9.the people. occasioned by death. except therein expressed. The present apportionment shall continue until the next census of the United States shall have been taken. 1. into three classes. 3. executive and judicial. The general assembly shall be composed of members annually elected by the legal voters of the counties. and no pauper. − 2. 1844. the powers of the government are divided into three distinct department. respectively. 2. 2. 2. 4. in such manner and under such penalties as each house may provide. and have been a citizen and inhabitant of the state for two years. n. − 3d. 4. the legislative. The powers of the respective houses are as follows: 16. authorized to compel the attendance of absent members. − 1. n. and. 1. being stationed in any garrison. 1. Of the electors of senators. at its first session after the next and every subsequent enumeration or census. may expel a member. − 2d. Each bouse shall choose its own officers. 14. punish its members for disorderly behaviour.

at least. adjourn for more than three days. − 3. and the speaker of the house of assembly shall. By whom he is elected. The governor shall be not less than thirty years of age. in going to and returning from their place of meeting. to the house in which it shall have originated. but if not. before the final passage thereof. His powers: and 5. on the most usual route. prevent its return. and at such other times as he may deem necessary. be entered on the journal. − 8. to the legislature. They shall also receive the sum of one dollar for every ten miles they shall travel. be privileged from arrest during their attendance at the sitting of their respective houses. − 1. 20. at the opening of each session.19. If any bill shall not be returned by the governor. Members of the senate and of the general assembly shall. by which it shall likewise be reconsidered. it shall be sent. he sball return it. 28. and in all such cases the votes of both houses shall be determined by yeas and nays. − 7. in each house. The governor holds his office for three years. Members of the senate and general assembly shall receive a compensation for their services. and a resident of this state seven years next before his election. by their adjournment. unless the legislature. he shall take care that the laws be faithfully executed. All bills and joint resolutions shall be read three time. 3. under the great seal of the state. they shall receive such sum as shall be fixed for the first forty days of the ordinary session. by message. the condition of the state. and shall have been for twenty years. It will be convenient to consider. the same shall be a law. public necessity requires it. he shall sign it. and if approved of by a majority of the whole number of that house. and recommend such measures as he may deem expedient. 23. 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. and breach of the peace. and grant. to be ascertained by law. three years thereafter. nor to any other place than that in which the two houses shall be sitting. who shall enter the objections at large on their journal. Neither house. to the other house. Art. whenever. felony. and to grant reprieves. in all cases except treason. n. in which case it shall not be a law. 29. His powers are as follows: He shall be the commander−in−chief of all the military and naval forces of the state. 3. a citizen of the United States. he shall have power to convene the legislature. on any question. 26. shall. with his objections. 21. 5. By the fifth article of the constitution. and in going to and returning from the same: and for any speech or debate. − 5. He is not reeligible without an intermission of three years. or person administering the government. and no bill or joint resolution shall pass. to commence on the third Tuesday of January next ensuing the election of governor by the people. to extend until the expiration of a time not exceeding ninety days after . When convened in extra session by the governor. − 4. − 2. which compensation shall not exceed the sum of three dollars per day for the period of forty days from the commencement of the session. unless be shall have been absent during that time on the public business of the United States or of this state. in virtue of their offices. commissions to all such officers as shall be required to be commissioned. they shall not be questioned in any other place. shall. 2. and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. without the consent of the other. 1. during the session of the legislature. it shall become a law. in either house. if. at the desire of one−fifth of those present. Each house shall keep a journal of its proceedings. within five days (Sunday excepted) after it shall have been presented to him. The qualifications of the governor. His salary. after such reconsideration. 25. − 4. 30. − 6. in his opinion. 22. and the yeas and nays of the members of either house. The president of the senate. The governor. 4. He is chosen by the legal voters of the state. 27. and from time to time publish the same. The duration of his office. shall have power to suspend the collection of fines and forfeitures. receive an additional compensation equal to one−third of their per diem allowance as members. Every bill which shall have passed both houses shall be presented to the governor: if he approve. and to end on the Monday preceding the third Tuesday of January. in like manner as if he had signed it. and proceed to reconsider it. the executive power is vested in a governor. and shall not exceed the sum of one dollar and fifty cents per day for the remainder of the session. and paid out of the treasury of the state. 24. together with the objections. − _2. but in neither house shall the vote be taken on the same day on which the bill shall be returned to it. he shall communicate. a majority of the whole number of that house shall agree to pass the bill. and he cannot nominate nor appoint to office during the last week of his term.

and judge of the prerogative court. as heretofore. Such of the six judges as shall attend the court shall receive. or decree of the orphans’ court may appeal from the same. of the reasons for his order or decree but he shall not sit as a member. a court for the trial of impeachments. The house of assembly shall have the sole power of impeaching. The governor shall. or surrogate−general. The circuit courts shall be held in every county of this state. receive for his services a compensation which shall be neither increased nor diminished during ’the period for which be shall have been elected. − _3. 45. to the prerogative court. 41. 35. or have a voice on the hearing. to removal from. or from any part thereof. and as may be hereafter ordained and established by law. 37. Immediately after the court shall first assemble. at stated times. All persons aggrieved by any order. and grant pardons after conviction. which shall be for the unexpired term only. according to law. Judgment. have common law jurisdiction concurrent with the supreme court. − 6. − 1. and any final judgment of a circuit court may be docketed in the supreme court. The court of errors and appeals shall consist of the chancellor. − 1. 50. 46. and six judges. a per diem compensation. The governor. sentence. a court of chancery. in cases of impeachment. or trust under this state. The judicial power shall be vested in a court of errors and appeals in the last resort in all causes. profit. − 1. − 3. to be provided by law. 44. 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. or for its affirmance or reversal. but the party convicted shall nevertheless be liable to indictment. 36. − 5. 49. The court of chancery shall consist of a chancellor. The number of associate justices may be increased or decreased by law. a prerogative court. and shall perform the duties required of him by law in that respect. or directly into the court of errors and appeals. except in those of a criminal nature. respectively. the chancellor. − 3. 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. the chancellor shall inform the court. and no more. by one or more of the justices of the supreme court. but such order.− 3. sentence. 43. the justices of the supreme court. and the six judges of the court of errors and appeals. and such inferior courts as now exist. shall sit as a member. When an appeal from an order or decree shall be heard. by a vote of a majority of all the members. 33. office and to disqualification to hold and enjoy any office of honor. shall not extend farther than.conviction but this power shall not extend to cases of impeachment. or a judge appointed for that purpose. when sitting for that purpose. When a writ of error shall be brought. the six judges shall arrange themselves. The supreme court shall consist of a chief justice and four associate justices. Any individual officer impeached shall be suspended from exercising his office until bis acquittal. − 4. in all cages except impeachment. 42. or a major part of them. − 5. − 2. but the reasons for such opinion shall be assigned to the court in writing. or a major part of them. trial. and shall in all cases within the county. in favor of or against any error complained of. The chancellor shall be the ordinary. − 3. and all impeachments shall be tried by the senate: the members. One judge for each county shall be appointed every year. 40. . may remit fines and forfeitures. which judges are to be appointed for six years. − 2. 51. The secretary of state shall be the clerk of this court. from the time of such docketing. or circuit court if the subject matter thereof be within the jurisdiction of the orphans’ court. as the public good shall require. and punishment. − 2. − 4. − 1. − 4. 31. Final judgments in any circuit court may be brought by writ of error into the supreme court. 32. 47. except to fill vacancies. and shall operate as a judgment obtained in the supreme court. 34. − 1. 38. but shall never be less than two. or decree shall not be removed into the supreme court. The secretary of state shall be the clerk of this court. or person administering the government. a supreme court. in order that thereafter one judge may be annually appointed. of whom the governor or person administering the government shall be one. circuit courts. in writing. 48. no justice who has given a judicial opinion in the cause. or have a voice in the hearing or final sentence. The secretary of state shall be the register of the prerogative court. − 2. in such manner that the seat of one of them shall be vacated every year. 39. which inferior courts the legislature may alter or abolish.

216. and not more than four thousand. All facts alleged in pleading. 7 Watts & Serg. In other words. 261. 127. 494. when it contains more than two thousand inhabitants. 3 Bouv. all new matter must be followed by a verification. which go in avoidance of what is before. Inst. it cannot be introduced by amendment. 54. 1 Dougl. not voting in wards. n. subsequent to the declaration. this is a sufficient consideration. 242. 10 Watts. (q. Cowp. Infancy and A e. pleaded. But the insufficiency of the notice must have been calculated reasonably to mislead the defendant. a cross bill has been permitted to bring such matter before. which shall hear date and take effect when issued. c. Bull. 208. 3. 153. 8 Moore. NEW MATTER. 4 Chit. The rejection of legal testimony. 14 S. at least once. or at least. A contract made. 2. five justices. − 2. 866. 2. and may be classed as follows. _195. The reasons for granting new trials are numerous. Bac. 281. These are. it may have. 349. . 4 Greenl. 1 McMull. n. practice. 1 Bingh. 72. NEW PROMISE. n. 213. R. R. if a person not duly qualified to serve be sworn: 4 T. C. Inst. − 1. and when it contains more than four thousand inhabitants. 2 Pick. − 2. 544. The admission of illegal testimony. 40. P. and in each of the wards. 1 Bing. Bl. PI. 351. In proceedings in equity. will. that whenever any township. Com. C. 4385 − 87. N. 508. unless it has been waived by an appearance. until the legislature shall provide by law some other mode of ascertaining it. 180. Pl. 197. 59. & John. 484. 453. & C. 6 Watts & Serg. The commissions for the first appointments of judges of said court shall bear date and take effect on the first day of April next. 2 Esp. 1 Bouv. the debtor may take advantage of the act. the remedy against him is clearly gone. 4. E 32. by which the promiser agrees to fulfil such original promise. going on to trial will cure the defect. R. 1. 1 Saund. Want of due notice. the court to answer the purposes of justice. The irregular impanneling of the jury. Ab. The origin of the practice of granting new trials is concealed in the night of time. 121. 473. 5. provided.. it may have four justices. it may have two justices. both in civil and criminal cases. and making defence. or if a juror not regularly summoned and returned personate another. When a township or ward contains two thousand inhabitants or less. In Pennsylvania. E 85 3. Vent. is by filing a supplemental bill. 3 Dougl. Limitation of actions. 3. and when by lapse of time a debt is barred by the act of limitations. by statutory. See 8 Mass. 2 Rawle. Pr. before a decree has been pronounced. When a debtor has been discharged under the bankrupt laws. Formerly new trials could be obtained only with the greatest difficulties. 116. 3 Harring. before a court and jury. 1 South. 5 Har. but by the modern practice. 2 S. 1 Wend. 413. pleading. but in all these cases there remains a moral obligation. 2 Hill’s S.52. 1 Paige 200. 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. & Marsh. 1st. is an allegation of new matter. There may be elected under this constitution two. 3d. C. 564. A reexamination of an issue in fact. 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. after the original promise has for some cause been rendered. for example. 5 Shep. 736. in cities that may vote in wards. 192. and the promise must be express. and if the original promiser renews the contract by a new promise. 1 Chit. before the same court and a jury. I. R. 712 2 Hall’s R. so when an infant has made a contract prejudicial to his interest. 3 B. 438. be sufficient to entitle the defendant to a new trial. are called new matter. Willes. in general. 2 Lev. 538. n. v. 6 Mod. S. the acknowledgment of indebtedness must not be inconsistent with a promise to pay. 172. and not more than five. 22. such township) may have an additional justice for each additional three thousand inhabitants above four thousand. provision. 327. when new matter has been discovered by either plaintiff or defendant. 326. 2 H. and which does not go in denial of what is before alleged on the other side. 368. 4 Bouv. Harring. except commissions to fill vacancies. 402. Barnes. and the want of it. Bac. he may avoid it. 2983. 3 Price’s Ex. PI. Inst. on the opposite side. contains more than seven thousand inhabitants. 7 T. Pleader. 41. Justice requires that the defendant should have sufficient notice of the time and place of trial. Ab. After the answer has been filed. generally. but of late years a more reasonable construction is put upon men’s contracts. R. Ch. & It. 195. the only way to introduce it.) Gould. 2d. namely: 1. Dig. NEW TRIAL. which had been tried. 5 Smed. every allegation made in the pleadings. they are liberally granted in furtherance of justice. invalid. Steph. 33 4th. 53. justices of the peace in each of the townships of the several counties of this state. 251. & R. 103. Matters which arose before and in the course of trial. Formerly the courts construed the slightest admission of the debtor as evidence of a new promise to pay. 3 Cowen’s Rep.

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

NEW WORK. and the senate shall choose a temporary president. 5. which received its appointments also from the parental government. The elections of senators and members of assembly. 144. 8. 1 Story. during the term for which he shall have been elected. by a new work is understood every sort of edifice or other work. 10. be elected to congress. but such citizen shall have been for thirty days next preceding the election. When convened in extra session by the governor. 1. and publish the same. unless otherwise directed by the legislature. who shall have been a citizen for ten days. section first. NEW YORK. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty − eight. and an inhabitant of this state one year next. or from the legislature. 1847. 9. And if any person shall. after his election as a member of the legislature. B. Sect. 8 . returns and qualifications of its own members. three hundred dollars for per them allowance. 557 to 563. or by some part of the ancient work being taken away. Each house shall keep a journal of its proceedings. chosen by the electors. And no person of color shall be subject to direct taxation unless he shall be seised and possessed of such real estate as aforesaid. by governors appointed by the crown assisted by a council. By the second article. When the ancient form of the work is changed. Civ. Nov. Rec.Practice. Const. in virtue of his office. − 1. and be the judge of the elections. 2. in going to and returning from their place of meeting on the most usual route. or appointed to any office. shall be entitled to vote at such election in the election district of which he shall at the time be a resident. the governor and senate. his acceptance thereof shall vacate his seat. at Albany. Sect. receive an additional compensation equal to one−third of his per them allowance as a member. or shall act as governor. Puff. L. Sect. The state is divided into thirty − two . tit. the legislative. In Louisiana. adjourn for more than two days. and all such appointments. namely:: Every male citizen of the age of twenty− one years. 6. For any speech or debate in either house of the. preceding any election. The powers of the government are distributed among three classes of magistrates. No member of the legislature shall receive any civil appointment within this state. Sect. and by the representatives of the people. 852. for all officers that now are or hereafter may be elective by the people. and not elsewhere. 5. The doors of each house shall be kept open. from the governor. from the commencement of the session. 12. and all votes given for any such member. shall hold a seat in the legislature. Sect. of the constitution. 32. b. and the judicial. for any such office or appointment. The present constitution of the state was adopted by a convention of the people. The third article provides as follows Sect. and went into force from and including the first day of January. and for the last four months a resident of the county where he may offer bis vote. unless he shall have been for three years a citizen of this state. except in proceedings for impeachment. 6. on the ninth day of October. art. shall be held on the Tuesday succeeding the first Monday of November. and shall have been actually rated and paid a tax thereon. the members shall not be questioned in any other place. The speaker of the assembly shall. The legislative power is vested in a senate and assembly. or holding any judicial or military office under the United States. 1846. shall be void. Asso y Manuel. 10. tit. But no man of color. b. Code of Lo. but such pay shall not exceed in the aggregate. over and above all debts and incumbrances. They sliall also receive the sum of one dollar for every ten miles they shall travel. 2. a resident of the district from which the officer is to be chosen for whom he offers his vote. Sect. governor shall not attend as president. 1. c. without the consent of the other. or to the senate of the United States. except when the public welfare shall require secrecy. civil or military. the executive. 3. pursuant to the provisions of this constitution. Each house sliall determine the rules of its own proceedings. the qualifications of the electors are thus described. legislature. under the government of the United States. which is newly commenced on any ground whatever. shall choose its own officers. 4. The senate consists of thirty − two members. No person being a member of congress. either by an addition being made to it. 7. they shall receive three dollars per day. Neither house shall. when the lieutenant. 11. ln its colonial condition this state was governed from the period of the revolution of 1688. charged thereon. − _1. a sum not exceeding tbree dollars a day. SS 3. shall be entitled to vote at such election. A majority of each house shall constitute a quorum to do business. The name of one of the original states of the United States of America. The members of the legislature sliall receive for their services. it is styled also a new work. 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. p. 2. ch. except such parts as may require secrecy.

as near as can be ascertained. but no town shall be divided in the formation of assembly districts. or for lieutenant governor. " Sect. and shall take care that the laws are faithfully executed. and shall be chosen by single districts. "Every county heretofore established and separately organized. specifying the number of each district and the population thereof. for all offences except treason and cases of impeachment. shall re−apportion the members of assembly among the several counties of this state. Art. commutations and pardons after conviction. shall be elected. " Sect. upon such conditions. The governor shall have the power to grant reprieves. "The several boards of supervisors in such counties of this state. according to the ratio. at stated times. at its first session after the return of every enumeration. He shall transact all necessary business with the officers of government. 6. − _2. 8. Upon conviction for treason. who shall not have attained the age of thirty years. who shall hold his office for two years. according to the last preceding state enumeration. The governor and lieutenant governor shall be elected at the times and places of choosing members of the assembly. and each district elects one senator. except the county of Hamilton. 4. shall assemble on the first Tuesday of January next. nor shall any person be eligible to that office. by the legislature. receive for his services. civil and military. as he may think proper. a resident within this state. He shall. and with such restrictions and limitations. ÿ20 7. and the boards of supervisors in such counties as. by joint ballot. The persons respectively having the highest number of votes for governor and lieutenant governor. shall assemble at such time as the legislature making such reapportionment shall prescribe. s. in the manner herein directed and the apportionment and districts so to be made. excluding aliens and persons of color not taxed. until the population of the county of Hamilton shall.districts. a compensation to be established by law. which shall neither be increased nor diminished after his election and during his continuance in office. He shall expedite all such measures. The assembly shall consist of one hundred and twenty−eight members. forthwith. No person except a citizen of the United States. 2. The executive power shall be vested in a governor. 2. to more than one member. " Sect. be entitled to a member. 3. and shall cause to be filed in the offices of the secretary of state and the clerks of their respective counties. The fourth article vests the executive power as follows: " Sect. "The legislature. the two houses of the legislature at its next annual session. when the legislature shall . a description of such assembly districts. may be entitled. under such reapportionment. shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. an equal number of inbabitants. the condition of the state. and contiguous territory. 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. The members of assembly are elected annually. 10. 3. and no new county shall be hereafter erected. " The county of Hamilton shall elect with the county of Fulton. as are now entitled to more than one member of assembly. shall always be entitled to one member of the assembly. law relative to the maniaer of applying for pardons. 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. and divide such counties into assembly districts. he shall have power to suspend the execution of the sentence. and for the same term. unless its population shall entitle it to a member. 5. He shall have power to convene the legislature (or the senate only) on extraordinary occasions. until the Oft − − e shall be reported to the legislature at its next meeting. − 2. choose one of the said persons so having an equal and the highest number of votes for governor or lieutenaut governor. subject to such regulation as may be provided by. a lieutenant governor shall be chosen at the same time. shall. as nearly as may be. Each assembly district shall contain. as may be resolved upon by the legislature. and shall consist of convenient. and who shall not have been five years next preceding his election. in manner aforesaid." 9. as nearly as may be. " Sect. and recommend such matters to them as be shall judge expedient. shall be eligible to the office of governor. but in case two or more shall have an equal and the highest number of votes for governor. The governor shall be commander−in−chief of the military and naval forces of the state. excluding aliens. and persons of color not taxed. according to the number of their respective inhabitants. 1. Senators are chosen for two years. He shall communicate by message to the legislature at every session.

the sentence and its date. notwithstanding the objections of the governor. death. If during a vacancy of the office of governor. There shall be a supreme court having general jurisdiction in law and equity. at the head of a military force thereof. On the trial of an impeachment against the governor. trust. He shall be president of the senate. the powers and duties of the office shall devolve upon the lieutenant governor for the residue of the term. "Sect. or grant a further reprieve. if be approve. He sliall annually communicate to the legislature each case of reprieve. resign. and for selecting such justices of the supreme court. or commute the sentence. − _3. "Sect. 1. in like manner as if he had signed it. together with the objections. Judgment. If after such reconsideration." 11. 4. direct the execution of the sentence. and to be compact. and equal in population. he shall Sign it. having the shortest time to serve. who shall enter the objections at large on their journal. until the vacancy be filled. prevent its return. shall be composed of the president of the senate. Every bill which shall have passed the senate and assembly. "Sect. according to evidence. commutation or pardon granted stating the name of the convict. and. The lieutenant governor shall. be out of the state in time of war. that one shall be elected every second year. while acting as such. and the date of the commutation. 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. as rearly as may be. shall be entered on the journal of each house respectively. or be absent from the state. be presented to the governor. the lieutenant governor shall be impeached. to the other house. or profit under this state. "Sect. as chief judge. Before the trial of an impeachment. and proceed to reconsider it. but shall have only a casting vote therein. before it becomes a law. by which it shall likewise be reconsidered: and if approved by two−thirds of all the members present. pardon or reprieve.either pardon. the members of the court shall take. or the disability shall cease. resignation or absence from the state. 2. composed of eight judges. But when the governor shall. the crime of which he was convicted. and four selected from the class of justices of the supreme court. shall not extend further than to removal from office. the lieutenant governor shall not act as a member of the court. the same shall be a law. as may from time to time be authorized by law. 8. until he shall have been acquitted. and the flames of the members voting for and against the bill. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him. No judicial officer shall exercise bis office after he shall have been impeached. the votes of both houses shall be determined by yeas and nays. in which case it shall not be a law. of whom four shall be elected by the electors of the state for eight years. of his removal from office. shall. in cases of impeachment. 6. the president of the senate shall act as governor. or become incapable of performing the duties of his office. for designating one of the number elected. and no person shall be convicted without the concurrence of two−thirds of the members present. an oath or affirmation. the senators. the judges of the court of appeals. There shall be four justices of the supreme court in each district. he shall continue commander−in−chief of all the military force of the state. but if not. displaced. The state shall be divided into eight judicial districts. he shall return it with his objections to that bouse in which it shall have originated. or the major part of them. but not to exceed in the whole such number in proportion to its population. from time to time. or until the disability shall cease. After the expiration of their terms under such classification. . it shall be sent. and which shall not be increased or diminished during his continuance in office. but the party impeached shall be liable to indictment. as shall be in conformity with the number of such judges in the residue of the state in proportion to its population. two−thirds of the members present shall agree to pass the bill. of which the city of New York shall be one: the others to be bounded by county lines. The court for the trial of impeachments. truly and impartially to try the impeachment. receive a compensation which shall be fixed by law. "Sect. by the vote of a majority of all the members elected. Provision shall be made by law. or removal from office and disqualification to hold and enjoy any office of honor. or a major part of them. The assembly shall have the power of impeachment. But in all such cases. There shall be a court of appeals. In case of the impeachment of the governor. die. it shall become a law. The lieutenant governor shall possess the same qualifications of eligibility for office as the governor. 7. and for so classifying those elected. inability to discharge the powers and duties of the said office. the term of their office shall be eight years. and punishment according to law. "Sect. 9. The sixth article distributes the judicial power as follows: "Sect. "Sect. 3. unless the legislature shall. by their adjournment. and as many more in the district composed of the city of New York. with the consent of the legislature.

) given by the legislature or the people. and judges and justices of inferior courts not of record. He shall hold the county court. 14. the legislature may provide for the election of a separate officer to perform the duties of the office of surrogate. 9. to be designated according to law. or judge of the court of appeals. for their services. the vacancy may be filled by appointment by the governor. "Sect. and any one of them may preside in courts of oyer and terminer in any county. as the legislature may prescribe. at stated times. "In counties having a population exceeding forty thousand. The judges of the court of appeals shall be elected by the electors of the state. (except that of justice of the supreme court. may be removed by the senate. may hold: such general terms. a compensation to be established by law. "Sect. "The legislature may confer equity jurisdiction in special cases upon the county judge. 7. and perform the duties of the office of surrogate. shall have an uniform organization and jurisdiction in such cities. not to exceed two in any county. "Sect. to preside at the general terms of the said court to be held in the several districts. concur therein. shall becoine vacant before the expiration of the regular term for which he was elected. 6. The judges of the court of appeals and justices of the supreme court. who shall hold his office for four years. and in special cases. "The county judge shall receive an annual salary. which shall not be increased or diminished during their continuance in office. Provisions may be made by law for designating. and the circuit courts and courts of oyer and terminer within the several counties. but shall have no original civil jurisdiction. On the question of removal. The county court shall have such jurisdiction in cases arising in justices’ courts."Sect. The legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity. of civil and criminal jurisdiction. for the residue of the unexpired term. There shall be elected in each of the counties of this state. which sliall be neither increased nor diminished during his continuance in office. except the city and county of New York. All votes for either of them. may hold courts of sessions. "Sect. who is not a judge of the court of appeals. Justices of the supreme court and judges of the court of appeals. with such criminal jurisdiction as the legislature shall prescribe. on application of the board of supervisors. Sect. The testimony in equity cases shall be taken in like manner as in cases at law. shall have been served with a copy of the complaint against him. And any one or more of the justices may hold special terms and circuit courts. or justice of the supreme court. and of surrogate in cases of their . Any three or more of the said justices. nor unless the party complained of. 8. The classification of the justices of the supreme court. 5. provide for the election of local officers. "Sect. to be fixed by the board of supervisors. 12. and except justices of the peace. way be removed by concurrent resolution of both houses of the legislature. In case the office of any judge of the court of appeals. and a majority of all the members elected to the senate. with two justices of the peace. "Inferior local courts. of good moral character. "Sect. on the recommendation of the governor: but no removal shall be made by virtue of this section. shall be entitled to admission to practice in all the courts of this state. may be established by the legislature in cities. ana the justices of the supreme court by the electors of the several judicial districts. except in such special cases. "Sect. the times and place of holding the terms of the court of appeals. from time to time. All judicial officers. shall be paid a per diem allowance out of the county treasury. of whom one of the said justices so designated shall always be one. They shall not hold any other office or public trust. the ayes and noes shall be entered on the journals. as they have heretofore possessed. "The county judge. if two−thirds of all the members elected to the assembly. 10. and who possesses the requisite qualifications of learning and ability. Any male citizen of the age of twenty−one years. The legislature may. and such courts. when it shall be filled by election. shall severally receive. for any elective office. and perform such other duties as may be required by law. They shall not exercise any power of appointment to public office. "Sect. except for the cities of New York and Buffalo. "Sect. unless the cause thereof be entered on the journals. one county judge. at such times as may be proscribed by law. one or more of the said justices. shall be provided for by law. 11. The justices of the peace for services in courts of sessions. and of the general and special terms of the supreme court within the several districts. until it shall be supplied at the next general election of judges. to discharge the duties of county judge. shall be void. 15. and shall have had an opportunity of being heard in his defence. 13. except those mentioned in this section.

to be ex officio clerk of the supreme court. and all such judicial officers is may be created therein by law. 1 Scamm." "Sect. 228. 490. for causes to be assigned in the order of removal. In pursuance of the provisions of this section. 16. shall receive to his own use any fees or perquisites of office. 2. and their clerks. it is not sufficient ground for a new trial. shall provide for the appointment of three commissioners. at such session. C. in the presence of such tribunal.inability. 15 John. 69. 403. Justices of the peace and judges or justices of inferior courts. Marsh. The legislature. And all laws and judicial decisions shall be free for publication by any person. shall be chosen by the electors of the state. and for the allowance of writs of error and appeals to the court of appeals. When the evidence is merely cumulative. and to report thereon to the legislature. Each district shall have four justices of the supreme court. NEWLY DISCOVERED EVIDENCE. section 24. 129. 71. 379. 5 Ham. Browne. and of such judicial decisions as it may deem expedient. "Sect. be more than one district at any one time. 84. forms and proceedings of the courts of record of this state. whose duty it shall be to revise. 72. "Sect. That evidence which. All judicial officers of cities and villages. (after due notice and an opportunity of being beard in their defence) by such county. 19. with such powers and duties as may be prescribed by law. who made a report to the legislature." 12. and at no other time. in such cases as shall be prescribed by law. 5 S. Appx. The sixth article. When the evidence is not material. with such powers and duties as shall be prescribed by law. The legislature may reorganize the judicial districts at the first session after the return of every enumeration under this constitution. and the whole subject is extremely simplified. 13. and in such manner as the legislature may direct. was enacted into a law on the 12th of April. "Sect. from the judgments and decrees of the present court of chancery and supreme court. A. increase or diminish the number of districts. or assent thereto. subject to their adoption and modification from time to time. 1 Ashm. and to keep his office at the seat of government. 3 A. Tribunals of conciliation may be established. whose term of office shall be four years. This report. 6 Pick. 579. "Sect. 20. 11 Ohio. 21. 177. 7 W. But this rule must be received with the following qualifications: 1. 3 Vei − in. but such tribunals shall have no power to render judgment to be obligatory on the parties. 2. at its first session after the adoption of this constitution. "Sec. 375 10 Pick. The legislature may authorize the judgments. 4 Halst. but such increase or diminution shall not. 415. "Sect. in the manner provided for in the fourth section of this article. 16. 22. The electors of the several towns shall. and of the courts that may be organized under this constitution. was not discovered until after the trial of a cause. Their number and classification may be regulated by law. 210. In case of an election to fill a vacancy occurring before the expiration of a full term. or of a vacancy. 41. not of record. but no diminution of the districts shall have the effect to remove a judge from office. & R. Marsh. by which the forms of action are abolished. and bis compensation shall be fixed by law and paid out of the public treasury. shall be elected at such times and in such manner as the legislature may direct. K. reform. 4 Wend. time will make manifest. 141. important. 1 Sumn. "Sect. & S. and they may. 1848. commissioners were appointed to revise the laws on the subject of the practice. city or state courts as may be prescribed by law. they shall hold for the residue of the unexpired term. may be removed. 411. "Sect. with some alterations. The legislature shall provide for the speedy publication of all statute laws. at their annual town meeting. 5 Pike. How it will work in practice. he shall hold his office for three years. and material evidence has been discovered since the trial of the cause. 23. 1 P. 1 A. except justices of the peace. elect justices of the peace. and to exercise such other powers in special cases as may be provided by law. provides that the legislature. 451. The clerks of the several counties of this state shall be clerks of the supreme court. In general a new trial will be granted on the ground that new. 104. ch. 147. 114. and for transferring to it the business pending in the court for the correction of errors. except they voluntarily submit their matters in difference and agree to abide the judgment. A clerk for the court of appeals. decrees and decisions of any local inferior court of record of original civil jurisdiction. 2 Ashm. simplify and abridge the rules and practice. 18. 1 Green. shall provide for the organization of the court of appeals. 2 Wash. 25. pleadings and proceedings of the courts of this state. 1 . No judicial officer. pleadings. K. after diligent search for it. 17. established removed for review directly into the court of appeals. at its first session after the adoption of this constitution. 8 John. 151. 2 Caines. C.

pamphlet. or steal. in the same state. may be transported in the mail. to which it is sent for delivery. 1 Bay. 250. other than those conveyed in the mail: Provided. such offender shall. or make any writing or memorandum thereon. twenty−five cents per quarter. and six cents for any greater distance. 4 Yeates. or destroy any newspaper. for any distance riot exceeding one hundred miles. embezzle. and not exceeding three hundred miles. shall not be delivered to the person to whom it is directed. That all newspapers not exceeding three ounces in weight sent from the office of publication to actual and bona fide subscribers. if the publisher shall agree to furnish the postmaster. ten cents per quarter. free of letter postage. By the act of March 3. 1 Blackf. 2 Binn. 496. 9 Shepl. exceeding fifty. at the close of each quarter. 14 Verm. 410. besides the direction. If any person shall enclose or conceal a letter. 1 South. and one and a half cents for any greater distance: Provided That the postage of a single newspaper. to wit weekly only. shall be noted the number of papers which are enclosed for subscribers. or in any package of newspapers. 367. S. and the postmaster general shall require those who receive newspapers by post. after being three mouths previously notified that his paper is not taken out of the office. 491. continue to forward such paper in the mail. 15. he shall forfeit the sum of five dollars for every such offence. 69. Marsh. To encourage their circulation the act of congress of March 3. enacts. that the party could not by due diligence have discovered it before trial. or mail of newspapers. 4. 2. or shall open or permit any other to open. will admit of it. U. And such magazines and pamphlets as are not published periodically. 432. 446. a certified statement of the number of papers sent in the mail. 2. or shall embezzle or destroy the same. 6 Miss. chargeable with postage. 133 7 Yerg. and size of the mail. which he shall have delivered into any post office. or other thing. for any distance not exceeding one hundred miles. from. and charged with the postage of one cent each. 2 Sumn. bag. or shall permit any other person to do the like. may dispose of the same for the postage. on the conviction thereof. it is enacted. 1825. shall be charged with postage is follows. 42. 263. 1994. 225. K. And if any other person shall open any mail or packet of newspapers. in a newspaper. five cents per quarter. package. 369. 582. such magazines and pamphlets as are published periodically. 1 Misso. NEWSPAPERS. under such regulations as the postmaster general shall provide. 3. and two and a half cents for any greater distance. or other thing. fifteen cents per quarter. 85. 5 Halst. 558. and should the publisher of any newspaper. or magazine. − _30. free of postage. or magazines. 3 Story’s L. for if it be known before the verdict has been rendered. Dudl. 7 Halst. or any memorandum in writing. 3. or to any persou for that purpose. and the number for printers: Provided. not exceeding three mouths. 2 A. That all newspapers conveyed in the mail shall be under cover. That every printer of newspapers may rend one paper to each and every other printer of newspapers within the United States. 338. The postmaster general. delay. 2 Fairf. The evidence must be discovered after the trial. to be kept at hard labor during the period of such imprisonment. any packet. such offence. exceeding one thousand and not exceeding two thousand miles. 6 Blackf. exceeding four . 246. free. such offender shall. pay a sum not exceeding twenty dollars for every such offence. 7 Cowen. in the same place. for every such offence. to subscribers. 2 Ashm. When the mode of conveyance. open at one end. 7 Metc. on conviction. 218. And if any person shall take. at one and a half cents a sheet. 19. shall improperly detain. for every. to be conveyed by post. to carry newspapers. 11 Con. unless they are sufficiently dried and enclosed in proper wrappers. such person shall. shall not exceed one cent. shall be charged with a postage of four cents on each sheet. 1851. may authorize the person with whom such contract is to be made. If any person employed in any department of the post office. The evidence must be such. or not being authorized to receive or open the same. or packet of newspapers. newspaper.A. 20. to pay always the amount of one quarter’s postage in advance. 478. 49. on which. 41. Papers for conveying news. 414. exceeding three bundred and not exceeding one thousand miles. be imprisoned. unless the publisher shall pay it. the postmaster to whose office such paper is sent. forfeit a sum. for any distance not more than one hundred miles. or from any person having custody thereof. No newspapers shall be received by the postmasters. in order that the same may be carried by post. in any contract he may enter into for the conveyance of the mail. on conviction thereof. Marsh. within the county where published. not exceeding fifty dollars. That the number need hot be endorsed. s. _29. twenty cents per quarter exceeding two thousand and not exceeding four thousand. That no preference shall be given to the publisher of one newspaper over that of another. 1 Harr. pamphlets. until the amount of single letter postage is paid for each article of which the package is composed. 151. from any one place to another. and pamphlets. any mail. printed and distributed periodically. or out of any post office. if sent in the mail. c. it is not newly discovered. not − being directed to such person. K. 600 2 Pike. and the letter. not directed to the office where he is employed. G. Rep. memorandum. for any distance not exceeding fifty miles out of the county. magazines.

injectio. one−half the foregoing rates. the creditor might sell him as a slave or put him to death. When a fair and impartial trial cannot be had in the county where the venue is laid. Fr. as to other newspapers. The phrases nexi datio. Dict. and oftener than tri−weekly. not sui juris. Rom. Nof guilty the name of a plea used to deny any charge of ao r@al nature. In general no one comes within this term who is not included in the provisions of the statutes of distribution. thirty cents per quarter. Smith. Not included. e. or in local actions they will give leave to enter a suggestion on the roll. sent to actual and bona fide subscribers. tri−weekly. NIENT COMPRISE. one−fourth the foregoing rates. on an affidavit of the eirculustances. published semi−monthly. been a subject of much dinussion among scholars. If no person released the prisoner by paying the debt. 9. Hov. during which time he publicly exposed the debtor. 761. 1) gives us the ancient mode of legal procedure in the case of debt as fixed by the Twelve Tables.. 1 My. In this passage Gellius does not speak of nexi but only of addicti. or bad been condemned in the amount of the debt by a judex. and was said nexum inire. Touil. and compel him to work out his debt. and take their share of his body in proportion to their debt. Vide Branch. treble those rates. and the treatment was often very severe. But the creditor might treat the debtor. because the thing desired is not contained in that deed or proceeding wltereoia the petition is founded. domestic relations: The daughter of a person’s brother or sister. or other person. Postage. 1 Ves. R. This term is used to signify the relations of a party who has died intestate. pleading.thousand miles. Rom. nexum was either the transfer of the ownership of a thing. they are not. claim as next of kin of her husband. 1 Jacob’s Ch. law. placed himself in a servile condition. i. These words are used to signify that judgment be rendered ag@ a party. law. and it provided for a settlement of their conflicting claims. Accordingly in one sense nexum included mancipium. & Keen. Prochein Amy. A wife cannot. and proclaimed the amount of bis debt. or of a tort. by default. To say nothing. The same as non est factum. 2. was very strict. NEXUM. old Eng. 3 Atk. Gellius says that there was no instance of a creditor ever having adopted this extreme mode of satisfying his debt. 655. The creditor was required to keep him for sixty days in chains. Vide Amy. 1 Tidd’s Pr. for when a man became nexus with respect to one creditor. he could not become nexus to another. to change it in transitory actions. newspapers published monthly. It is an exception taken to a petition. as to the payment of borrowed money. 207. 288. nexi liberatio. sen. 82. If there were several debtors. A woman born in vassalage. 3. the letter of the law allowed them to cut the debtor in pieces. v. 2. At the expiration of this time he was liable to the manus. If a nexus is what he is here supposed to be. NIECE. The formal part of both transactions consisted in a transfer per Des et libram. five times those rates. double those rates. with a nient dedire. however. In Latin she was called Nativa. 514. The person who became nexus by the effect of a nexum. The precise condition of a nexus has. h. acts for the benefit of an infant. not becoming a slave. married woman. & Gr. or the transfer of a thing to a creditor as a security. NIENT CULPABLE. NIEF. If the debtor admitted the debt. which is sometimes alleged as evidence of the identity of nbxus and addictus. the laws of the Twelve Tables could not apply. One who. Kindred. See. NEXT FRIEND. Viewed as to its object and legal effect. That newspapers not containing over three hundred square inches may be transmitted at one−fourth the above rates. and vide Mancipitem. civ. semi−weekly. his ingenuitas being only in suspense. they will be so considered. but it proves no such identity. respectively express the contracting and the release from the obligation. without being regularly appointed guardian. in this case the creditors must abide by their contract in taking a joint security. a plea by which the defendant asserts that the deed . in general. Law Dict. This law of the Twelve Tables only applied to the case of a debtor being @igned over by a judicial sentence to several debtors. in another sense mancipium and nexum are opposed in the same way in which sale and mortgage or pledge are opposed. though in the ordinary sense of the word. But when there are circumstances in a will which induce a belief of an intention to include them under this term. the practice in the English courts is. who was addictus. and if he became nexus to several at once. NEXT OF KIN. A curious passage of Gellius (xx. because he does not deny the cause of action. in order to have the trial in another country. as a slave. he had thirty days allowed him for payment. 2. Amb. NIENT LE FAIT. Line. nor a husband as next of kin of his wife. on three nundinae. The Roman law. 84. Antiq. and ultimately to be assigned over to the creditor (addictus) by the sentence of the praetor. 8th ed. NIE’@QT DEDIRE. Provided. 422.

t. NIL HABUIT IN TENEMENTIS. & S. NISI. Thus the trial was to be had at Westminster. practice. 278. When the plaintiff has commenced his proceedings by bill. by. before the justices appointed to take tlie assises. Ham. 1 Reeves. 245. 1 Holt’s R. NIL DEBET. Co. 135. an order may be made that if on the day appointed to show cause. 184. C. c. 710. unless an appeal be entered within the time required by the law. 4 W. or other proper officer. they are instituted by statutory provision. 120. 2. none be shown. 3 Inst. P. Yelv. Watchmen may undoubtedly arrest them. by its light. and it is said that private persons may also do so. except. Vide 15 Vin. Rosc. during which. C. t. 1 Hawk. by the statute of 13 Edw. 1 Reeves. and in this case judgment is given against the defendant of course. which authorizes. but see 3 Taunt. 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. Burglary. 556 Woodf. Dane’s Ab. the countenance of a man may be discerned. that he has no interest in the tenements. 63. 15 Vin. NiHIL DICIT. Eng. duodecim. 2. it is provided as the general course of proceeding. 2 Russ. 47 b. 134. 40. NIHIL CAPIAT PER BREVE.’ are the name of a court.6r simple contract. his attorney. &c. xxxiv. 214. Pl. 188. Cr. and says. Two returns of nihil are in general equivalent to a service. 2 Lill. but by deed indented. Steph. only in the event of its not previously taking place in the county. C. and gives it the name of a trial by nisi prius. 224. or any part thereof. 363. N. 556. t. c. 489.. 5 Whart. h.which he denies his landlord’s title to the premises. . in England. NIGHT WALKERS. Praecipimus tibi quod veneri facias coram justiciariis nostris apud Westm. I Hale. Courts." When. D b. for. This is called an order nisi. c. Ab. and includes the declaration. wbo is sued by his landlord in debt for rent uppa−a lease. persons of suspicious appearance and demeanor.. who walk by night. when he Ims not been able to. 2 Com. that he does not owe the said sum of money above demanded. 2 Inst. Dane’s Ab. 2 East. 30. App. Dane’s Ab.. Index. 14. Persons who sleep by day and walk by niggt 5 E. I. For example. but to other actions. Litt. Vide 15 Vin. 547. Pr. it was provided by Magna Charta. 32. 2 Hawk. That space of time during which the sun is below the horizon of the earth. 101. 1 Car. P. t. 2 Binn.) should thenceforward instead of being tried at Westminster. L. NISI PRIUS. 367. Where courts bearing this name exist in the United States. 382. 491. 330. the deed is the only iuducernent to the action. 2 W 48 Co. This word is frequently used in legal proceedings to denote that something has been done. Ab. that short space which precedes its rising and follows its setting. 170. and for this purpose justices were to be sent into every county once a year. 174. Dane’s Ab. Cr− Law. 550. D. Index. h. which is to be valid unless something else Shall be done within a certain time to defeat it. n. in manner and form as the said A B hath above complained. It is the failing of the defendant to put in a plea or answer to the plaintiff’s declaration by the day assigned. shall be in the following form. pleading. enforeed by the subsequent statute of 14 Ed. practice. Com. Index. n. that writs of venire for summoning juries in the superior courts. marshal. Ill. on the filing of the award. 16. 3 Chit. NIHIL HABET. Cr. But. 3 E. Ev. page 316. These words. C. that is. 4 Blackf. A plea by which the defendant. 14. Bac. on motion. P. nisi talis et talis tali. 12 Vin. 246. &c. 404. Ab. The general issue in debt. Litt. NISI PRIUS ROLL. Com. Dig. Dig. Com. 4. as he says nothing why it should not. an action was triable only in the court where it was brought. 70. 7 Dane’s Ab. That he take nothing by his writ.9 or other writ. 3 Bl. Ab. C. when. by E F. the judgment is nihil capiat per billam. L. serve it on the defendant. 2 Reeves. and production of an affidavit of service of the order. 169. Under the compulsory arbitration law of Pennsylvania. pleading. in Octabis Seti Michaelis. 112. Ch. & T. 655. III. Law Regags. 1 Cowen. which signify ’unless before. P. 2. in debt on specially. 509. Index. 1093. P. in ease of the subject. h.. to take these assises there. an injunction will be dissolved of course. The name of a return made by a sheriff. These local trials being found convenient. R. a trial before the justices of assises.declared upon is not his deed. NIGHT. Pleader. 2 Leach. Stephens on Pleading. The name originated as follows: Formerly. in lieu of the superior court. comes and defends the wrong and injury. 422. die et loco ad partes illas venerint. be taken in their proper counties. He says nothing. h. It is this provision of the statute of Nisi Prius. 3. the general issue is nil debet. were applied not only to assises. 58. This is the judgment against the plaintiff in an action. A transcript of a case made from the plea roll. D puts himself upon the country. Ab. in the superior court. Ab. 4 Bl. And of this the said C. that assises of novel disseisin and mort d’ancestor (then the most usual remedies. to a scire facia. either in bar or in abatement. It is in the following form: IcAndthesaideD.

is to put the defendant without day. & Adolp. 454. NOMEN COLLECTIVUM. 2. 2. R. land. 1 Esp. 110. 75. 3. and no person can become a citizen ot’ the United States until he has renounced all titles of nobility. generally. is a word of this kind. Com. whether in public or private life. and generally after a true bill has been found. (q. who. 302. NOBILITY. One who is named as the plaintiff in an action.) or Ignoramus. but an agreement only. or to one of several defendants. 2. 261. _28. when obtained. A name which applies generally to a number of things. without having an actual interest in the profits of a concern." The Federalist. 12 Wend. in Pennsylvania. having . 2. 1 Chit. is a satisfaction of all the damages sustained by the plaintiff. for the use of another. practice. 489. S. 110. 2 B. and when in the singular. Laws U. Relating to a name. NOMINAL PLAINTIFF. In civil cases. 5 Wend. v. 7 Wend. R. See Nul. 851. and the issue. v. R. but who has no interest in it. Dial. 16 East. The constitution of the United States provides that no state shall " grant any title of nobility. fornication and bastardy. a nolle prosequi is considered. rejoinder. and even upon the same indictment. 6 Mod. A nolle prosequi may be entered as to one ot several defendants. After the nisi prius roll is returned from the trial. 174. In criminal cases. and including several offences. as. 2 Campb. 224. 7 Smith’s Laws. for he may be afterwards reindicted. In this case. 374. but it has not been ratified by a sufficient number of states to make it a part of the constitution. s. from the nature of the action. R. as in the case of a joint contract. 246. 5 Gill & John. R. NOMEN GENERALISSIMUM.) NO AWARD. or in prosecutions for keeping tippling houses. may be taken as nomen collectivum. 3 Cowen. 207. sometimes includes all the heirs. The name of a plea to an action or award. 3. 520. no nolle prosequi can be entered after a bill has been found. that his name was used. An amendment of the constitution in this respect has been recommended by congress. 335. by the attorney general. fresh process may be awarded. 367. not to proceed either against some of the defendants. A nolle prosequi is now held to be no bar to a future action for the same cause. it assumes the name of posted. They are endorsed on a bill of indictment when the grand jury have not sufficient cause for finding a true bill. or agrees that it shall be continued therein. Dig. Indictment. in consequence of a statutory provision. Story. A nominal partner is one. 3 Watts. 301. 411. replication. Heir. 120. Bl. 242. 1 Pick.. 1 Stew. R. See. & C. 4 Bibb. 59. 74. 887. 1 39. 29. v. 334. 172. A nolle prosequi may be entered either in a criminal or a civil case. such nominal partner is clearly liable to the creditors of the firm. by which the prosecutor or plaintiff declares that he will proceed no further. as to him. except in those cases where. R. NOMINAL. and the authorities there cited. 546. as a general partner.) 2 Nott & McC. f Chip. (q. No. see 2 Rawle. 500. 307. 6. 1 Dall. _1346. as a partner. a nolle prosequi may be entered at any time before the finding of the grand jury. Act of April 29. 111. An entry made on the record. Misdemeanor. 98. which is a general name by which everything attached to the freehold will pass. allows his name to be used. An order of men in several countries to whom privileges are granted at the expense of the rest of the people. R. 2. NOLLE PROSEQUI. 4. and proceed against the other. This expression is used to signify that a word in the singular number is to be understood in the plural in certain cases. 131. 1 Pet. 3. 126. p. 2 Barn. accepting any foreign title of nobility. Agard. 5. (q. Vide 1 Saund. note 2. in the singular. 3 Johns. 20 John. for example. 3 Cowen. 1819. 460. 558. 1 Pet.plea. PI. or as to part of the suit. although the creditors were ignorant at the time of dealing. 31. Eunom. nor is he responsible for costs. NO BILL. A nominal plaintiff is one in whose name an action is brought. 1 Bibb. Rawle on the Const. 80. the plaintiff may enter a nolle prosequi. 2 Story. as was formerly supposed. 12. 1 Salk . without leave of the court. but it does not operate as an acquittal. The effect of a nolle prosequi. In civil cases. on agreement between the parties. Const. a nolle prosequi may be entered as to one of several counts. except in cases of assault and battery. 1 Wils. 227. 11 East. 2 H. R. 337. They are equivalent to Not found. the nominal plaintiff has no control over the action. 4. 84. judgment and execution against one. These words are frequently used by grand juries. 2 Mass. 511. There is not in the constitution any general prohibition against any citizen whomsoever. 3 T. not to be of the nature of a retraxit or release. where one of two defendants pleads infancy. K. 2 Watts. &c.

assigned the cause or right of action to another. K 4. 202 a. 3 Johns. he . Cas. NON ASSUMPSIT." 2. 13 Ves. 43 E. & T. 3 John. 1 Phil. 2. 2451. Index." See also 1 Browne’s R. C. when non age is applied to one under the age of fourteen. R. 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. 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. t. 3. To entitle himself to the nomine paenae. 2. 2. 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. C. NOMINATE CONTRACT. at the time when the action was commenced. R. Inst. R. Index. And of this he puts himself upon the country. Ev. L. that is. 2. Com Dig. 19. &c. 189. 292. and the injury is tlie non. 8 East. 426. 283. 4. and by and with the consent of the senate. 532. and says. hath above complained. 312. Appx. Ab. as. When prefixed to other words. 2. n. 336. on the ground. loan for use. Ab. non assumpsit. unless a special power to distrain be annexed to it by deed. it is said. when. Salk. NOMINE POENAE. 2 Str. the president "shall nominate. NON BIS IN IDEM. 738. 7 Cranch. that when a party accused has been once tried by a tribunal in the last resort. 253. In another sense it means under the proper age to be of ability to do a particular thing. Woodf. when a defendant is sued on such a contract. appointed to be paid by the tenant to the reversioner. 6 T. nor will he be permitted to discontinue. Dane’s Ab. The general issue in trespass on the case. 330. Greenl. t. R. contracts." &c. 1 Saund. See 4 Mann. n. civil law. 132. h. 3. NON ACCESS. Litt. R. R. 3 Bouv. Pater is est quem nupticae demonstrant. Vide Bac. " que l’enfant concu pendant le mariage a pour pere le mari. 90. 47. Ham. his attorney. it is used as a negative as non access. One who has been named or proposed for an office. The non existence of sexual intercourse is generally expressed by the words " non access of the husband to the wife which expressions. deposit. See 8 East. 251. 2. R. R. no evidence short of absolute impotence of the husband. in addition to the duties themselves. 237. art. Cas. because he saith that he did not undertake. 218. Pleader. This phrase signifies that no one shall be twice tried for the same offence. Its form is. P. NON AGE. and it is more than six years since he entered into the contract. 4. Under this plea almost every matter may be given in evidence. Id. though it may be any thing else. evidence which disaffirms the obligation of the contract. 2. Nominate contracts are those which have a particular name to distinguish them. 58. 481. 287 b. that he did not undertake or promise in manner and form as the said A B. Toull.. 11 Johns. R. 4 T. executor of this my last will. and this he is ready to verify. 1. n.) are those which have no particular name. in the species of assumpsit. Ab. In the civil law the maxim is. N. the landlord must make a demand of the rent on the very day. In Pennsylvania. Innominate contracts. note. 7. A distress cannot be taken for a nomine paenae. 411. the action. 1 B. 1 John. 1 Johns. 11 East. the word nominate is used in this sense in the constitution of the United States. 4. performance of it. and either convicted or acquitted. 152. NOMINATION. h. tom. 12 John. R. s. Vide 12 Vin.. 251. 1." Vide ddio non accrevit infra sex annos. 7 T. 1 Wheat. 28 b Co. Dig. 6 Binn. he cannot interfere with the rights of his assignee.. 1. and the like. &c. 132. A married woman cannot prove the non access of her husband. Litt. n. S. 233. (q. goes to the gist of the action. that as the action is founded on the contract. 2 Code. 11 East. when the husband has access to the wife. This word has several significations. is sufficient to convict a third person of bastardy with tlie wife. v. NON. By this term is understood that period of life from the birth till the arrival of twenty−one years. 2. for the non−payment of rent at the day appointed by the lease or agreement for its payment. as. pleading. The Code Napoleon. 550. In general. NOMINEE. 412. civil law. Tho. An appointment. 2 Lill. for whose use it is brought. Not. 202. NON ASSUMPSIT INFRA SEX ANNOS. 561. NON ACCEPTAVIT. R. comes and defends the wrong and injury. 242. purchase and sale. by E F. Cowen’s note 172. 2. C. The act of limitation bars the recovery of a simple contract debt after six years. Ev. R. in a case of bastardy. It is usually a gross sum of money. Dig. hiring. 193. & Gr. I nominate A B. 4 T.. L. art. 2 Stark Ev. The name of a penalty incurred by the lessee to the lessor. 411. who is unable to marry. 7 Co. Gilb. are understood to mean the same thing. A proposition. xlvii. shall appoint ambassadors. 787. 11 7. & P. partnership. 221. as in the case of a reentry. R. 27 9. if the duties are in arrear. Co. 6 5. Rent. SS 173. 64. 14. "And the said C D. 12 East. P. or to meddle with it. 2 G 1. as. enacts.

. 476. Pl. his attorney. pleading.) in the said declaration mentioned or any of them. pleading. lunacy or 4. Not guilty. when a plaintiff sues another for the infringement of his patent right. 640. NON CONFORMISTS English law. 9 & 11." which involves a denial of the taking and of the place in which the taking was alleged to have been. 1. idiocy.. or where he did not take them. Dig. 5 John. R. in manner and form as the said A B hath above complained. when." 6 Rand. A plea proper to be pleaded to an action of debt for rent. comes and defends the wrong and injury. &c. NON DEDIT. 183. 613. that he does not detain the said goods and chattels (or. he must plead it specially. pt. I. It does not appear. by E F. 158. Merl. t.. Dig. 10 Wheat R. PI. Gilb. in form." &c. by E F. Ab. The general issue in formedom. 153. Vide art. in fact. (or ’indenture. Rep. 615. and says. 6 Co. −− in manner and form as alleged. 1 Chit. that the said supposed writing obligatory. The plea of non detinet merely puts iii issue the simple fact of detainer. The general issue in debt on bond or other specialty. "And the said C D. Bull. Lunacy. Co. It is improper to plead such plea when the demise is stated to have been by indenture.’ or ’articles of agreement. NON EST FACTUM. or have them in the place mentioned in the declaration. NON CULPABILLS. the defendant way deny that the crown has granted him such a right. 177. Bl. The general issue in an action of detinue. Pl. Pleader. when the plaintiff declares on a parol lease. v. R. Abr. 331. PI. 405. 1 Chit. NON DEMISIT.. (q. the place being a material point in this action. instead of pleading nil debet. &c. Id.) is not his deed.) It is usually abbreviated non cul. The general issue in replevin. his attorney. 1 Litt. as follows: I " And the said C D. as. NON CEPIT MODO ET FORMA. 124. 20 John. 549. to the subject of the action. 2. or understanding. by E F. 396. that he did not take the said cattle. Com. The plea of non concessit does not deny the grant of a patent. P C. taken the cattle or goods. n. conies and defends the wrong and injury. R. 7 Wentw. 1. These words signify not of sound mind. 14 John R. the rights which he claims as a concession from the king. h. . 3. 224. not detain. that he did not take the said cattle or goods. and says. 4. when the defendant relies upon a justifiable detainer.) in the said declaration specified. pleading. b. Sw. by which the defendant asserts that the plaintiff has received no damage. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent.’ according. N.. Its form is as follows:: And the said C D. R. it was moved in arrest of judgment that the declaration was not good. 2 Saund. for example. particularly in argument. 3 Halst. Pleas. 253. A plea to an action of debt on a bond of indemnity. 16 Vin. 1. 15. Shelf. comes and defends the wrong and injury. And of this the said C D puts himself upon the country. and the general issue states. 3 Cowen. 81." 2. 12 Vin. and includes all the species of madness. 477. And of this the said C D puts himself upon the country.shall not again be tried. 438. See Ne dona pas. 490. 1 Taunt. in the case of executors and administrators. or any part thereof.’ according to the subject of the action. in a certain place called. 4 Com. 116. a neglect to make such claim within a year aud a day. NON CONSTAT. deeds and writings. R. 5 Com. 100. In debt on simple contract. persons. NON CONCESSIT. NON CLAIM. in manner and form as the said A B bath above complained. The declaration alleges that the defendant " took certain cattle or goods of the plaintiff. 4. a. 2 W 48. sickness 3. law. because non constat whether A B was seventeen years of age when the action was commenced. 4 Co. Steph. as. 1 Phillim. 1 Saund. drunkenness. 2. Litt. This issue applies to a case where the defendant has not. when a continual claim ought to be made. Code 9. 186. on Lunatics. and says. memory. These words are frequently used. 2. the plea should be "doth. 1544. 42. 313. A name given to certain dissenters from the rites and ceremonies of the church of England. An omission or neglect by one entitled to make a demand within the time limited by law. when. 1 H. pleading. (or ’ goods and chattels. SS 22. as. in other words that he is not damnified. Bac. Ab. when. R. RŠpert. And of this he puts himself upon the country. &c. Dig. but of the patent as described in the plaintiff’s declaration. 2.". 347. Jeopardy. This is a generic term. 86. and the articles Idiocy. Debt. & P. pleading. pleading. n. pleading. Its form is. 1 Chit. whether it arise from. 177. Ab. p. 247. 6 East. Eng. R. NON DAMNIFICATUS. NON COMPOS MENTIS." 2. 1. 1 B. his attorney. 616. PI. 178. 8 D. Rep. P. NON DETINET. 1. 428. and is. 2 Lill. 436. 3 Burr.’ according to the subject of the action.

3. 4 Wend. required by law. if a statute require the supervisors of the highways to repair such highways. Inst. NON FECIT VASTUM CONTRA PROHIBITIONEM. the general issue is nil debet. join in the action for its breach. 492. this writ issues commanding the sheriff to enter into the franchise and execute the process himself. 12 John. Engl. PI. 257. R. when the deed is only inducement to the action. that the defendant did not commit waste contrary to the prohibition. 129. Id. n. Though non est factum is. NON INFREGIT CONVENTIONEM. NON JOINDER. These words. Minor. 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. 13. however. Persons who refuse to take the oaths. 337. 1 Aik. 3 Mann. NON MODERATE CASTIGAVIT. contracts. n. 10 S. A plea in an action of covenant. 3 Bouv. torts. R. Ab. strictly speaking. where the contract has been made. The name of a writ directed to the sheriff Where the bailiff of a liberty or franchise. & M. R. pleading. and its form is similar to that in debt on a specialty. 74. 388. NON FEASANCE. 7 Cowen. 1 Harring. 18. SS 37. Vaugh. 4. The name of a plea. 174. having issued a writ of capias against his debtor. but in certain matters which are mala prohibita. if their interest were joint. practice. 2 N. 19. authorizes its violation. & Gill. 174. 2. it might have been evidence of malice. If he had refused to give the countermand when requested. 446. I. NON JURORS. tlie neglect to repair them may be punished. as in debt on a specialty. or by bis officer. Rep. 7. 6 Munf. 2 N. said. 8 S. 1 B & P. The name of a faulty replication to a plea of moderate castigavit. t. 2 Bos. 430. _9. 103.. on Cr. 6. Vide 1 Russ. that in covenant there is. v. which signifies that he is not to be found within his jurisdiction.) This replication. It is not clear. 462. 314. be may. Bouv. 2. English law.arrest the person of the defendant. Id. See Judgment non obstante veredicto. Notwithstanding the verdict. C. 508. See Issint. See generally. this is strongly exemplified in the case of a plaintiff. 7. NON LIQUET. in an action of assumpsit on a promissory note. NON OMITTAS. who. It is. for example. an actual refusal. L. 519. The name of a plea to an action founded on a writ of estrepement. Hardin. Chit. it merely denies that the defendant has broken the covenants on which he is sued. it was held that the law did not impose on the first plaintiff the duty of countermanding his writ. For the despatch of business a non omittas is commonly directed in . v. 35 1 Hawk. 4 Dall. 1 Chit. There is a difference between nonfeasance and misfeasance. (q. 170. The return is usually abbreviated N. if living. Index. in such a case. Steph. with several. Com. in consequence of which the defendant was afterwards arrested. Ab. 308. In actions upon contracts. who has the return of writs. Co. Bac Ab. R. When a legislative act requires a person to do a thing. grant a non obstante.2. the general issue in debt on specialty. 13 John. H. neglects or refuses to serve a process. 2 Taunt. 2. 1 Dall.) Vide 2 Kent. pleading. they miist all. 230. NON EST INVENTUS. Pl. E. This plea is not a general issue. Mere non−feasance does not imply malice. 7. 76. D. 48. as. Bac. Vide Judgment non obstante veredicto. Index. v. 324. and neglected to countermand tlie writ. R. R. Inst. 167. ch. 3 East. 1 Harr. Prerogative. pregnant. 443 Story on Bailm. PI. its non feasance will subject the party to punishment. 71. in most cases. t. 3 Bl. 165. Covenant L. 3. which literally signify notwithstanding. afterwards received the debt. Litt. by which he dispenses with the law. 3 Lev. it cannot be used where the breach is also in the negative. Com. 2 Vin. 226. 482.) or malfeasance. yet. R. He did not make it. and not the breach of covenant or any other matter of defence. 1 Th. & P. 2749. English practice. R. Pr. & R. to certain persons and on special occasions. 12 Co. 217. but in such case there would have been something beyond mere non−feasance. non omittas propter aliquam libertatem. In covenant tlie general issue is non est factum. NONOBSTANTEVEREDICTO. 227. 150. NON OBSTANTE. Special non est factum. Gr. The non−performance of some act which ought to be performed. is a negative.. 278. & R. It being in the negative. NON FECIT. (q. P. law. n. no general issue. He cannot by his license or dispensation make an offence dispunishable which is malum in se. Lev. (q. Gould. as the plea of non est factum only puts tlie deed in issue. are used to express the act of the English king. practice. The sheriff’s return to a writ requiring him to . Minor. to support the government. In such case the non joinder must be pleaded in abatement. 19. R. Sid. h. that is. 436. On a suit brought by the former defendant against tlie former plaintiff. 330 to 359.

239. as in ejectment where the declaration is of a demise on the second day of January.the first instance. 136. 190. 3 Toull. NON SUM INFORMATUS. The vacation between two terms of a court. law.. 4. 2. Pr. 2 Arch. & Ell 369. by which the defendant asserted. 14 Mass. 16 Ves. Civ. But the dereliction or abandonment of rights affecting lands is not in all cases held to be evidenced by mere non−user. 6 Nev. 5 East. Voet. Pr. 5. A plea in a real action. 442. 5 Whart. Id. pleadings. 60. G. 1 Mod. &c. &c. Ab.73. 1 Sell. Ib. with the incidental privilege of boring and working them. 23 Pick. shall not be defeated by the repugnancy which follows. Non user. 153. He did not hold. R. pleading. 9 Co. 359. in favor of some others adverse right. Vide Grah. some words cannot be rejected to make sense of the rest. 614. 3. eccles. The name of a plea in bar in replevin. mot Servitude. 316. S. 84. Com. 2 Bl. 1 Penna. when the plaintiff has avowed for rent arrear. the general rule is. The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and the rules of the court. and an absolute discontinuance of the use for twenty years affords presumption of the extinguishment of the right. It is a rule of law that an instrument shall be so construed that the whole. & M. when the plea goes to the tenure. Vide articles dmbiguity. 763. jr. such repugnant matter is rejected. which is sense. 204 and article Judgment of Non Pros. R. 183. 6. ment only. 452. 2 Anstr. 6. 1 Salk. When a matter is written grammatically right. n. 1 Salk. NON RESIDENCE. I 9. The absence of spiritual persons from their benefices. s. 3 Chit. 815. A plea to an action in partition.. and _33. That which in a written agreement or will is unintelligible. Pr. C. Ab. 166. 284. The name of a plea to an action of debt or a bond to perform an award. tit. Com. 2. 584. But when the plea goes to the tenancy of the land. Ab. But it must be a very strong case which will have that effect.. n. Vide lnformatus non SUM. The neglect to make use of a thing. Caines’ Pr. 6. Pr. Pr. 2 Supp. but it is unintelligible. NON SUBMISSIT. Code of Louis.. It is in bar. jr. Merl. 94. In pleading. on the first of January. but see 11 Mass. or adverse to the existence of the right. by which the defendant denies that he holds the property. 142. 603. 1 Dowl. Ab. 310. 13 S. and that the defendant postea scilicet. but when matter is nonsense by being contrary and repugnant to. Non tenure is either a plea in bar or a plea in abatement. 14 Vin. Vide Dig. 816. 910. 8.3. and the whole makes nonsense. 5. when be is unable to prove his case. 560. Pr. NON TENURE. 390. n. but that which is contradictory shall be rejected. 5 et 7. 8. ejected him. Pr. Rep. 3. 285. The maxim of the civil law on this subject agrees with this rule: Quae in testamento ita sunt scripta. may be lost by non−user. n. The name of a judgment given against a plaintiff. A right which may be acquired by use. 767 to 759.17. ac si scripta non essent. As an exception to the rule may be mentioned rights to mines and minerals. Com. Repert. or at least some part of it. 15 Vin. there must be a similar non−user to raise the presumption of a release. See 2 Evans’s Pothier. construction. Inst. 6. 250. In the civil law there is a similar doctrine: on this subject. 3 Chit. together with the complainant or plaintiff. on appeal. the precedent matter. ut intelligi non possent: perinde sunt. 2. 216. some precedent sensible latter. or when he . as mentioned in the plaintiff’s declaration. ad Pand. art. pleading. Construction. a non−user of a public office is therefore a sufficient cause of forfeiture. it is in abate. Arbitr. as when the tenant denies that he holds of the defendant. & R. But in this case the owner of the servient premises must have done some act inconsistent with. 102. Interpretation. 324. R. will have the effect of repealing an old law. 324. 673. 141. 359. NON SUIT. NON TERM. 1 Bouv. Bac. by which the plaintiff avows that he did not hold in manner and form as the avowry alleges. Bac. which is the subject of the suit. NON PROS. here the scilicet may be rejected as being expressly contrary to the postea and the precedent matter. that he did not hold the land. lib. Pleas. 4 Ad. 3 Campbl. or NON PROSEQUITUR. by which the defendant pleads that he did not submit. 1 Chit. 1 Ves. 3 Kent. shall stand. when matter is nonsense by being contradictory and repugnant to something precedent. 6. NONSENSE. I am not informed. (s). to Ves. NON TENENT INSIMUL. and says he holds of some other person. 19 Ves. 50. for a great length of time. Dig. NON USER. 230. _30. if possible. 8. 10 Mass. as when the defendant pleads that be is not the tenant of the land. 255. Every public officer is required to use his office for the public good. NON TENUIT. As an enjoyment for twenty years is necessary to found the presumption of a grant of an easement.

1 Arch. R. By this charter the proprietaries were authorized to make laws. Pr. 4. those of Pennsylvania. R. and Maine. neglects to appear. 445. (except as is hereinafter declared. Pr. R. R. or the truth of the Christian . The boundaries were enlarged by a new charter granted by the same prince to the same proprietaries. The constitution of. 87. which were ratified by the people on the 9th day of November of the same year. 6. 126. S. R. 2 Greenl. 2. 75. NORTH CAROLINA. considered. 360. 469. 1 S. declares that no person who shall deny the being of God. 2. 1 Sell. 1835. Tennessee. 2. 3. and took effect on the 1st day of January. 2 Binn. with the assent of the freemen of the province or their delegates. 463. 1776. Being dissatisfied with the form of government. 6. 84. which were governed by separate legislatures. without determining such issue. 5. 4 Binn. It is either voluntary or involuntary. to Lord Clarendon and others.) who have been inhabitants of any one district within. R. In 1732. the territory was divided. and an agreement that a judgment for costs be entered against him. R 334. a nonsuit may in general be ordered where the evidence is insufficent to support the action. shall be entitled to vote for a member of the senate. 910. 4. 2 Overton. 334. 269. North Carolina was adopted December 18. descended from negro ancestors to the fourth generation inclusive. 13 John. and they were invested with various other powers. 787. Of the number of senators. can be a senator. in the year 1665. 57. In 1729. which are now universally admitted. R. C. one called the Northern and the other the Southern settlement. R. − 1. when his case is before the court for trial. and Grah. the state twelve months immediately preceding the day of any election. 2. The first article. R. Minor. and the divisions assumed the names of North Carolina and South Carolina. 1 Wash. Bac. R. 97. 42. R. The courts of the United States. it was highly exceptionable on account of its disregard of the principles of religious toleration and national liberty. 3 Greenl. and the judiciary. & R. Of the time for which they are elected. In treating of the senate. the executive. 219 cannot order a nonsuit against a plaintiff who has given evidence of his claim. 3 Stew..refuses or neglects to proceed to the trial of a cause after it has been put at issue. R. R. 1 Wend. Ab. the proprietaries surrendered their charter. the court cannot order a nonsuit. These will be separately. A voluntary nonsuit is an abandonment of his cause by a plaintiff. R. the proprietaries procured the celebrated John Locke to draw a plan of government for the colony. June 4. and Virginia. 528. 1. After a few years of unsuccessful operation it was abandoned. The territory which now forms this state was included in the grant made in 1663 by Charles II. In New York. Ab. South Carolina. To this constitution ammendments were made in convention. consequently no free negro or free person of mixed blood. 3. as such persons cannot be voters. − 1st. R. Massachusetts. 117. Vide article Judgment of Nonsuit. R. 6 Pick. 12 John. t. 13 John. The legislative power is vested in a senate and in a house of commons. h. The qualifications of senators. 15 Vin. 5. when it became a royal province. unless authorized by statute. the legislative. The colony had been settled at two points. 1 Pet. it will be proper to take a view of. 321. 2 Bay. 4 Yerg. 476. and was governed by a commission and a form of government in substance similar to that established in other royal provinces. and both are denominated the general assembly. 376. 299. 2 Bailey. In Alabama. sec. of a much more extensive country. 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. 1836. 5. 26. Of electors of senators. R. The powers of the government are distributed into three branches. 4 An involuntary nonsuit takes placs when the ’Plaintiff on being called. or when he has given no evidence upon which a jury could find a verdict. 248. 560. The name of one of the original states of the United States of America. of the amendments. 3 Chit. Pr. 234. of the amendments. 3. The 4th article. 2 McCord. − _1. provides: All freemen of the age of twenty−one years. Pr. which was adopted and proved to be impracticable. section 3.

And by _9. by sect. after deducting that comprehended within those counties which do not severally contain the one hundred and twentieth part of the entire federal population aforesaid. − 2d. although it may not contain the requisite ratio of population. namely: . 3. and continue to possess. 8. 1. (though one ancestor of each generation may have been a white person. _2. They are chosen biennially by ballot. Amendm. shall be entitled to vote for a member of the senate. (except as hereinafter declared. 3. free. or according to the census which may be taken by order of congress. 4. and shall have paid public taxes. or be eligible to a seat in either house of the general assembly: Provided. as follows: The house of commons shall be composed of one hundred and twenty representatives. and each county shall have at least one member in the house of commons. next preceding the miking such apportionment. while he continues in the exercise of his pastoral function. And _3. that nothing herein contained shall extend to officers. provides. there shall be assigned one representative. 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. which shall be determined by adding to the whole number of free persons. that all persons possessed of a freehold. and excluding Indians not taxed. that all freemen of the age of twenty−one years. 1. and for six months shall have possessed. article 1. The Amendments. − _2. _3. or under this state. always. 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. 3. at the respective times and periods when the districts for the senate are hereinbefore directed to be laid off. __2. by the number of representatives less than the number assigned to the said counties. not less than one hundred acres of land in fee. The executive power is regulated by the amendments of the constitution. having a right of representation. and possessed of a freehold within the same district of fifty acres of land. art. of any denomination. or for the term of his own life. or council of state. for the county in which be resides. for six months next before and at the day of election. Amendm. and at the day of election. persons. shall be entitled to vote for members of the house of commons. ’to each county containing twice. of years. shall hold or exercise any other office or place of trust or profit under the authority of this state. descended from negro ancestors to the fourth generation inclusive. or preacher of the gospel. in any town in this state. house of commons. in the county which be represents. are not voters. under the bead senate. In making the apportionment in the house of commons. 4. that all free men of the age of twenty−one years. who resides without or beyond the limits of such town. The first article of the amendments. aud the said apportionment shall be made according to an enumeration to be ordered by the general assembly. according to their respective numbers. Provided. section 1. To each county containing the said ratio. to vote for a member of the said town. to be elected by counties according to their federal population. the ratio of representation shall be ascertained by dividing the amount of federal population in the state. as follows. or any department thereof. The disqualifications of persons for membersbip in the house of commons will be found ante. direct bow the house of commons shall be composed. This apportionment shall be made by the general assembly. and shall have paid public taxes. art. Id. but not three times the said ratio. 1. or free person of mixed blood. 2. mulatto. and so on progressively. no negro. nor ally freeholder in such county. sect. or any other state or government. that is. three−fifths of all other. biennially chosen by ballot. 2. 3. or the divine authority of tlie Old or New Testament. who have been inhabitants of any such town twelve months next before. or persons of a mixed blood. shall be capable of being a member of either the senate. or who shall hold religious principles incompatible with the freedom or safety of the state.) who have been inhabitants of any one district within the state twelve months immediately preceding the day of any election. 8 of the constitution. article 2. 1. The house of commons will be considered in the same order which has been observed in speaking of the senate. The 31st section of the constitution provides that no clergyman. The qualifications of voters for members of the house of commons are. 7. and then the remaining representatives shall be assigned severally to the counties having the largest fractions. and also all freemen. who have been inhabitants of any one county within the state twelve months immediately preceding the day of any election. They are elected biennially. shall be entitled to vote for a member to represent such town in the house of commons. and not twice the said ratio. s. and 4. The senate consists of fifty representatives. But mulattoes. shall be capable of holding any office or place of trust or profit in the civil department within this state.) shall vote for members of the senate or house of commons. including those bound to service for a term. there shall be assigned two representatives. section 3. 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. in the militia or justices of the peace.religion.

this plea not only puts in issue the fact of trespass. except the statute of limitations. comes and defends the. _4. & P. 213. Steph. and says. R. 101. but also the title. is not in the plaintiff. but he shall not be eligible more than four years in any term of six years. NOT POSSESSED. (q. and justices of the peace. as. or the defendant were not guilty of taking them. if the defendant have committed no assault. may be given in evidence under the general issue. in the mannor and form as the said A B hath above complained.when they have not sufficient evidence to find a true bill. Willes. 4. but in the defendant or the person under whom he justifies. in such manner as shall be prescribed by law.. prima facie. Under this issue the defendant may give in evidence any matter which directly controverts the truth of any allegation. These words are endorsed ou a bill of indictment by a grand jury. a defendant is permitted not only to contest the truth of the declaration. 1 B. or before the chief justice of the supreme court. And of this the said C D puts himself on the country. the formula is as follows: " And the said C D. &c. and no person is bound to justify who is not." 5. & P. is a mere traverse. 2. It is not usual in this action to plead any other plea. 3 Mann. 1 Chit. at such time and places as members of the general assembly are elected. 284. or satisfaction made. by sickness or other unavoidable cause. by the returning officers. though such matters be in confession and avoidance of the declaration. Pl. Pi. whether freehold or possessory in the defendant. who. a release given. 7 T. 8 T.. And of this the said C D puts himself upon the country. which matters show. PI. by E F. he pleads not guilty. when the defendant wishes to put himself on his trial. The returns of every election for governor shall be sealed up and transmitted to the seat of government. 354. R. 462. Tbejudicial powers are vested in supreme courts of law and equity. by E F his attorney. 491. In criminal cases. 391 7. In debt on a judgment suggesting a devastavit. The general issue in several sorts of actions. A plea sometimes used in actions of trover. it will be observed. _2." 3. But here a relaxation has taken place. 486. and therefore.. and in trespass to personal property. courts of admiralty. − _3. to prove any matter of defence. and in trespass to real property. Contested elections for governor shall be determined by both houses of the general assembly. comes and defends the wrong and injury when. 2 B. NOT FOUND. &c. 1 T. of the facts alleged in the declaration. R. d. &c. 6. battery. in manner and form as the said A B hath above complained. which the plaintiff on such general issue will be bound to prove. 182−3. &c . civil law. which is necessary in trespass. for under this plea. its form is as follows: "And the said C D. or denial. Clef Lois Rom. 1 Chit. should be applied only to cases in which the defence rest’s on such denial. The governor elect shall enter on the duties of the office on the first day of January next after his election. prima facie. for example.. He shall hold Iiis office for the term of two years from the time of bis installation. that tends to show that the plaintiff has no cause of action. if the plaintiff had no property in the goods. v. or a person under whom he claims. and the bankruptcy of the plaintiff. that the right of possession.. his attorney. and says. 178. but with some exceptions. 222. 359: 2 Saund. pleading. or imprisonment. is authorized to administer the same. an executor may plead not guilty. In trespass. In trespass on the case in general. having previously taken the oath of office in the presence of the members of both branches of the general assembly. The person having the highest number of votes shall be governor. SS 5. &c. It is the general issue. in case the governor elect should be prevented from attendance before the general assembly. NOSOCOMI. Steph. which. that he is not guilty of the premises above laid to his charge. the plea of not guilty is proper in trespass to persons. 9. but if two or more shall be equal and highest in votes. a trespasser.) NOT GUILTY. mot Administrateurs. This. may be given in evidence under it. The governor shall be chosen by the qualified voters for the members of the house of commons. directed to the speaker of the senate. 403. and until another shall be elected and qualified. 103. & Gr. and a release. . or any part thereof. who shall open and publish them in the presence of a majority of the members of both houses of the general assembly. For example.. Persons who have the management and care of hospitals for paupers. that he is not guilty of the said trespasses above laid to his charge. 7 T. PI. _3._1. the same as Ignoramus. one of them shall be chosen governor by joint vote of both houses of the general assembly. In trover. when the defendant was not possessed of the goods at the commencement of the action. on principle. force and injury. when. R. 8. 492.

51. passim. & R. Short statements of what transpires on the trial of a cause. but the same shall be shown by other and proper evidence. it is enacted. 38. Rep. in precise terms. less technical. evidence on another trial. as when the party . That. h.. committed in any such oaths or affirmations. 2. or other appointing power. and is only a. Index. 179. and particularly on the continent. or the interpellation by which some act is required to be done. and engrossed the acts which were passed before them. U. Notaries. 35. l. Notices are actual. 2. Vide Bank note. Pr. To protest notes. NOTE. as A had notice that B was a slave. 2 Har. 1 Mis. or his authorized agent. and be signed by the proper person. 3. C L R. agreements and other instruments. simply. estates. 2. 7 Verm. Chit. 11 Ad. their object. Law Journ. (q. h. 211. Vide. 4. in a court of law. 458. 3 Y. they should state. in all cases in which. per se. 2. Com. 5 How. n. C. t. 119. By act of congress. as hereinafter named: Provided always. v. from the notes of the judges. are of very ancient origin they were well known among the Romans. They are not. Minot’s Statutes at Large. 6 Toull. tit. The information given of some act done. 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. This original is now called the minutes. 16. Chit.. note. affirmations. NOTE OF HAND. t.. and the like. Law. S. The notes of the prothonotaries and clerks of courts are called minutes. 22. Notices should always be in writing. To certify copies of agreements and other instruments. as when they are directly given to the party to be affected by them. Off. And all laws and parts of laws for punishing perjury. when taken or made before any such justice of the peace. Dig. contracts. under the laws of the United States. 216. The fourth part of a fine of lands: it is an abstract of the writ of covenant and concord. To attest deeds. An officer appointed by the executive. That on any trial for either of these offences. shall apply to any such offence committed in any oaths or affirmations which may be taken under this act before a notary public. NOTICE. t. for their Own satisfaction. The most usual of which are. matrix. 39 Eng. 4 Binn. from which he draws up the indenture. doequet taken by the chirographer. under the laws of different states. & El. 156. 3. the seal and signature of the notary shall not be deemed sufficient in themselves to establish the official character of such notary. NOTES. shall have the name force and effect as if taken or made by or before such justice or justices of the peace. R. or acknowledgments may be hereafter also taken or made by or before any notary public duly appointed in any state or territory. It also signifies. & C. of a Not. R. the hand and official seal of such notary. for a promissory note. 51. 6 S. conv. Another name. 413. 5. knowledge. S. 7 Penn. or affirmations. C. not being in the nature of a deposition.. 396. aud. by abbreviations. 434. or subornation of perjury. It is sometimes taken in the old books for the concord. 326. 3. from which they made their records. Cruise.) 2 Bl. Their acts have long been respected by the custom of merchants and by the courts of all nations. oaths. Notaries formerly made notes. they are generally made by the judge and the counsel. bills of exchange. 1850. & John. practice. be dated. Index.. Promissory note. 2. when certified under. generally. such oaths. or constructive. S. 484. practice. Burn’s Eccl. see 5 Whart.. 3. in order to give them authenticity. or commissioner. and exist in every state of Europe. and ad− dressed to the person to be affected by them. 8 Wheat. Their duties are generally prescribed by such laws. h. 5 Watts & S. And a verdict was amended. 467. Bro. Sept. or acknowledgments may now be taken or made before any justice or justices of the peace of any state or territory. Bills. c. 110.NOTARY or NOTARY PUBLIC. Reissuable note.

2. says Mr. Mortg. and without which be is discharged from all liability. and provided that he (the indorser) has due notice of the dishonor. Ev. (being the party primarily liable. was in fact given. t. t. Grah. by the acceptor or maker. 2 Stark. that be will pay the bill or note. h. in the familiar instance of bills of exchange and promis− sory notes. 5. the plaintiff must prove that due notice. is frequently ne− cessary to enable the assured plaintiff. To avoid doubt or ambiguity in the terms of the notice. 531. 987. 2 Supp. 1 Phil. Index. in relation to which. Com. b. So in cases of insurances on ships. it is essen− tial for the holder to be prepared to prove affirmatively that such notice was given. 364. Chit. wbether his contract were express or implied. Pr. the implied contract of an in− dorser is. h. a notice of abandonment. Ab. 2 Mason. 16 Vin. upon notice. to Ves. jr. 14 S.. provided the. the rules of law are most evidently founded on good sense and so as to accord with the intention of the parties. 4.by any circumstance whatever. 1 Vern.662. n. to proceed as for a total lose when sometbing remains to be saved. consequently. and of which the defendant is not legally bound to take notice. Index. and to preserve evidence .. h. 1 Pr. 224. 496. Ev. 172. 561 to . H. 4 N. inquiry becomes a duty. which amounts in judgment of law to notice. Index.. Vide 2 Pow. provided it be not paid. 6. 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. which is best known to the plain− tiff. 250. is put upon inquiry. 333. or some facts dispensing with such notice. ]Rep. Thus. t. 397. it may be advisable to give it in writing. PI. & R. Chitty. Inst. t. Bouv. the in−surers might themselves take their own measures. With respect to the necessity for giving notice.. In− dex. on presentment at maturity. Whenever the defendant’s liability to perform an act depends on another oc− currence. 4 Kent. 14 Pick.

117. o 73. This is frequently necessary. Abr. When the matter alleged in the pleading is to be considered as lying more properly in the knowledge of the plaintiff. Pleader. But where the matter does not lie more properly in the knowledge of the plaintiff. R. upon a covenant for quiet enjoyment. but may be aided by verdict. unless in an action . 432. 214. 75. 2 Saund. if the defendant contrasted to do a thing. Notice. 1 Saund. 4. Com. See Com. than of the defendant. but it must necessarily vary in its terms according to the circumstances of each case. 228. Dig. 74. NOTICE. 2. will be fatal on de− murrer or judgment by default. particularly in special actions of assumpsit. n. notice need not be averred. 4. and he ought to take notice of it at his peril. Freeman. on the performance of an act by a stranger. R. than of the defendant. a. a reasonable notice must be given of the intention to insist on a precise performance. 7. Vin. n. 285. So. C 75. as when the defendant promised to give the plaintiff as much for a commodity as another person had given. AVERMENT OF. 1 Str. 1 Saund. 62 a. it is expe− dient (although not absolutely necessary) referring to such covenant. So if a lessee or a purchaser be sued for the recovery of the estate. Id. 42. in pleading. for it lies in the defendant’s knowledge as much as the plaintiff’s. R. Jac. Therefore. 3. Hardr. Cro. 621. and a fortiori to retain a deposit as forfeited. Dig. when necessary. 5 T. The form of the notice may be as subscribed. then the declaration ought to state that the defendant had notice thereof. in order to entitle a party to insist upon a strict and exact perform− ance of a contract on the fixed day for completing it. or should give for the like. The omission of an averment of no− tice. as in the case of notices of the dishonor of a bill. notice need not be averred. and he have a remedy over against a third person. or be will be consi− dered as having waived such strict right.of its delivery. 2.

against the drawer of a bill. when the omis− .

The notice must state that the holder. Sto on P. 340. for reimbursement and indem− nity. 4 C. even after verdict. but if the notice cannot mislead the party to whom it is sent. when acceptance has been refused.) R. either to regard his rights or to avoid his responsibility. Y. N. Where. or to the acceptor of a bill. Although in strictness this may be required. 1. 8. Its effects. 7 Bing. 388. either by not being accepted in the case of a bill. 4. By whom it is to be given. 543. 372. 11 Mees. 11 Wheat. SS 353. l Bing. Cas. − SS1. To whom. 10 A. R. 3 Bing. R. Story on Bills. 7. doubt. 3. or other person giving the notice. SS 301.sion of the averment of notice of non−pay− ment by the acceptor is fatal. (N. 416. Doug. 2. it cannot be material. although there may be a small va− riance. in general. yet. where the language is otherwise doubtful and uncer− tain. 588. & E. 688. 192. that it has been dishonored. In general the notice may be . 431. 431. and dishonored. & Wels. A true description of the bill or note so as to ascertain its identity. Although no precise form of words is requisite in giving notice of dis− honor. 237. 11 Mees. 76. The form of the notice. 1 Spear. N. 5. NOTICE OF DISHONOR. or paid in cue of an accepted bill or note. to a drawer or endorser on the same. 125. The notice given by the holder of a bill of exchange or pro− missory note. 530. 390. N. N. & G. 1 M. & E. 244. 6. & Wels. and it conveys the real fact without any. 2 Hill. The notice must contain an assertion that ther bill has been duly presented to the drawee for accept− ance. When it will be waived. C.−SS 2. 3. 437. Story on Bills. 2 Pet. or maker of a note for payment at its maturity. 2 John. When a want of notice will be excused. It is proper to consider. 11 Wheat. 1. 2. looks to the person to whom the no− tice is given. 436. When. 809. 4. it will be presumed where in other respects the notice is suffi− cient. yet such notice must convey. 3. C. R. 2 A. SS 390. 2. 679.

1.given by the holder or some one authorized by him. the notice must be given without delay after his appointment.−SS 3. 5. The notice of dishonor must be . Story on P. must give notice. 16 Martin. SS 308. & Selw. 368. N. SS 3Q4. 704. (N. 157. On the death of the holder. and ab− solved from all liability on such bill or note. But a party who purchases a bill. 464. 599. (Lo. SS 299. 2 How. such parties will be exonerated. SS 303. 16 S. 4 Wash. . Story on Bills. 176. and. Story on Bills. and. or if he has a guardian. 6 Hill. 545. as will be stated below.) R. on Bills. 160. and when joint− holders have the paper. the assignee of the holder who is a bankrupt. 219. N. N.. Ct. but it seems the bankrupt holder may himself give the notice. 1 M. by the latter. But notice given by a stranger is not sufficient. T. Notice should be given to each of several joint endorsers. 3 Wend. Story on Bills. 457. is not entitled to notice of its dis− honor. 20 John. C. who are not partners. if none be then Appointed. It. & R. his executor or administrator is re− quired to give notice. notice by any of them is sufficient. Story on P. Notice to an absent endorser may be given to bis gene− ral agent. If −an infant be the holder the notice may be given by him. 4 Wash. C. 1 Conn. notice to either of the partners is sufficient. or by some one who is a party and liable to pay the bill or note. unless excused in point of law. the notice must be given within a reasonable time after one may be ap− pointed. Chit.) R. When the bill or note i’s held by partners. SS 307. 8 Miss. 87. C. transmits it on account of goods ordered by him. N. Y. but if no assignee be ap− pointed when the paper becomes due. the notice may be given by the survivor. SS 299. In cases of partnership. and one dies. 6. 4 Cowen. Story on P. − SS 4. SS 305. and. 282. 368. C. 126. See 12 Wheat. 1. 276. 1 Wend. 304. 8th edit. without endorsing it. R. The holder is required to give notice to all the parties to whom he means to resort for payment. Story on P. 170. Sup.

156. 4 J. 271. C. 1 T. 10 Mass. P. 304. 177. 616. 5 Halst. C. Bull. 2 Marsh. 1 Bay. Marsh. 10 Wend. 233. when it is dis− honored for non−acceptance. 396. 3 Wash. 187. that when the facts are ascertained. 1 Dall. Paine. 399. 434. 12 East. 86.given to the parties to whom the holder means to resort. 168. and he must not delay giving notice until the bill has been protested for non−payment. 11 John. 2 Dall. 6 Watts & S. N. Though formerly it was doubtful whether the court or jury were to judge as to the reasonable− ness of the notice in respect to time. 147. 235. 1 Harr. J. 3 . 2 Hayw. 133. & J. 84. 187. 139. 219. 13 Wend. R. it −seems now to be settled. 332. it is a question for the court and ’not for the jury. 1 Yeates. within a reasonable time after the dishonor of the bill. yet. 61.

322. on Bills.) R. 1 Pet. and when it is followed by a protest. 137. 453. 7. but see contra. Chit. when properly given. N. 1 Hill. on Bills. 329. − SS6. 243.−SS 5. 1 M. When the post is re.. 6 Watts & Serg. 572. 1 Pet. 231. 20 John. When both parties reside in the same town or city. the notice may be sent by the post. or by any other suitable or ordinary con− veyance. Lo. 17 Mart. R. 2 Pet. Story on P. 262. When the parties reside in different towns or cities. or a special messenger. 578. 372. 11 John. 916. 1 Conn. 19 Mart. & S. 8 Ohio. 194. 508. 554. R. 8th edit. R. 261. eh. 2 Aik. The effect of the notice of dis− honor. 7. Lo. a difference is made between cases. But see 28 Pick. 2 Hayw. and where they do not. (N. 2 Harris R. 359. Story on Bills. 582. 240. R. 488. 240. Chit. 545. 2 Pet. 504. 100.. or a private person. 17 Mass. 17 Mass. if the notice be put in the post office in time to be delivered on the same day. 140. will render the drawer and en− dorsers of a bill or the endorsers of a note liable to the holder. it will in general be sufficient. 1 Litt.−Penn. and if it be put in the post office on the next day in time to go by either mails. But the drawer and endorsers may tender the money at any . 262.. when a protest is requisite. 1. In considering as to where the ’notice should be given. the notice should either be personal or at the domicil or place of business of the party notified.Lo. Bayl. sorted to. 510. who carry letters from the post office and deliver them at the houses or places of business of the parties. Lo. 305. 2− Rob. on Bills. when there is more than one. 9. SS 2. so that it may reach him on the very day he is entitled to notice. 449. 263. the holder has the whole day on which the bill becomes due to prepare his notice. where the parties reside in the same town. N. Story on P. SS 324. Y. SSSS 284−290. Lo. 1 Pet. 1 N. 583. Rice. it will be sufficient. 449. 158. 578. the holder must prove it reached the endorser. R. H. Rep. If the notice be put in the post office.Marsh. 2. 121. Rice. 507. 518. 117. 492. 8. 8th ed. 3 Rob. 513. 1 Rob. 2 Aik. 454. But in those towns where they have letter carriers. 263. 45.

10. though the acceptor must pay the bill on present− ment. N.−SS 8. C. to whom it should be given. See Pre− sentment. In cases where. before such secondary evidence can be admitted. 425. 14 East. Ev. 2 Stark. TO PRODUCE PAPERS. 274. will in general excuse a want of protest. A want of notice may be waived by the party to be affected. When the party in possession Las obtained the instru− ment by fraud. Rosc. from the nature of the proceedings.time before a writ has been issued. 4. 1 Stark. contracts. and must not be too general. 4 Esp. and state the title of the cause in which it is proposed to use the papers or instruments required. R. − SS 7. 222. & R. 154. Civ. Ev. 168. L. 440. contracts. 865. R.−1. 1 Camp. which is in: the possession of the opposite party. the party in pos− session of the instrument has notice that he is charged with the possession of it. 4 Wend. S. and by that means be . 862. 3 E. 9. 9. S. It seems. 3. 143. after a full knowledge of the facts that the holder has no just cause for the neglect or omission. 9. R. C. R. and its effects. a notice to produce papers ought to be given in writing. n. that the notice may be by parol. Story on P. when it must be served. It will be proper to consider the form of the notice. SS 858. The same reasons which will excuse the want of a presentment. See Presentment. in general. R. as in the case of trover for a bond. C. and cannot plead a subsequent ten− der. In general. 2d. 8. 1 Campb. 36. evidence. 626. Vide 1 Phil. To this general rule there are some exceptions: 1st. 1 Marsh. 4 Taunt. requisite to give him notice to produce the same on the trial of the cause. practice. Ev. it ii. 6 S. 240. 2. n. 4. R. When it is intended to give seoondary evidence of a written instrument or paper. 8 East. however. It must describe with sufficient certainty the papers or instruments called! for. 256. 5 Taunt. NOTICE. 19.

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 intrument 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 re− fuses 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 mo− tion 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 lessed, and to give possession of the same to him, the landlord, at a time therein men− tioned. 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.−SS 1. The form of the notice. The

notice or demand of possession should con− tain 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 ex− piration 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 pre− mises 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 be− tween 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, with− loat ambiguity, or giving an alternative to the tenant, for if it be really ambiguous or op− tional, it will be invalid. Adams on Ej. 122. 4. −SS 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, there− fore, be binding upon all the parties con− cerned at the time it is given. Where, therefore, several persons are jointly inte−

184. 689. . 2 Phil. it is sufficient if his authority is after− wards recognized. It should in− variably be given to the tenant. As to the person to whom the notice should be given. Ev. 491. difficulties can seldom occur as to the party upon whom the notice should be served. of the party serving the notice. & A. they all must join in the notice. 5. 3 B. 5 East.−SS 3. When the relation of landlord and tenant subsists. and if any of them be not a party at the time no subsequent ratification by him will be sufficient by relation to ren− der the notice valid. But if the notice be given by an agent. or the whole of the premises may have been assigned. notwithstanding a part may have been underlet.rested in the premises.

the lessor has recognized the slb−tenant as his tenant. has reached the other who resided in another place. will depend upon the par− ticular circumstances of its delivery. who. In the case of a joint demise to two defendants. should deliver one of these copies to the tenant personally. and the time when the term began is un− known. Difficulties some− times arise as to the period of the commence− ment of the tenancy. At what time it must be served. 7 East. will. upon comparing them. and they should also state the manner in which the notice was served. a copy may be served on him if he can be found. a notice addressed to all. both signed by the proper person. 123. l0 Johns. When the premises are in possession of two or more as joint−tenants or tenants in common. at his usual place of abode. although the same be not upon the demised premises. and served upon one only. the notice should be to all. 119. − SS 4. and finding them alike. be a good notice. 270. P. 196.−SS 5. 185. of whom one alone resided upon this premises. and when a regular notice to quit on any particular day is given. are to go with the person who is to serve the notice. 330. 5 Esp. how− ever. The person serving the notice then in their presence. for the sake of security. It must be given three months before the expiration of the lease. and where the tenant is not in possession. 234. or serve it upon the person in possession. 2 Phil. 2 New Rep. and vide 14 East. or otherwise mark it so as to identify it. The person about serving the no− tice should make two copies of it. then procure one or more respectable persons for wit− nesses. 7. 6. Adams on Ej. As to the mode of. the effect of such notice as to its being evidence or not of the commencement of the tenancy.Adams on Ej. Ev. N. sign their names on the back of the copy of the notice retained. unless. if the . to whom he should show the copies. and another on the person in posses− sion. 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. perhaps. 553. The witnesses should then. serving the notice. or to one of his family. C.

130. When the landlord is ignorant of the time when the term commenced. 183. Ev. 139. The acceptance of rent ac− cruing subsequently to the expiration of the notice is the most usual means by which a waiver of it may be produced. as the landlord is in both instances equally led into error. P. 635. Adapms on Ej. 2 Phil. but ordering the tenant in general terms to quit and deliver up the possession of the premises. but they are . 4 T. and in consequence of such information. Cowp. it will waive any irregularity u to the period of its ex− piration. 589. In like manner if the tenant at the time of delivery of the notice. the tenancy has a different commencement. a notice to quit may be given not specifying any particular day. and it is the province of the jury to decide with what views. 8. and will not be permitted to prove that in point of fact. What will amount to a waiver of the notice. 361.−SS 6. Ev. C. no waiver will be produced by the acceptance. but the ac− ceptance of such rent is open to explanation. has informed him. See 2 Esp. N. R. or the notice will remain in force. nor is it material whether the information be the result of design or ignorance. assent to the terms of it.tenant having been applied to by bis land− lord respecting the time of the commence− ment of the tenancy. If the money be taken with an express declaration that the notice is not thereby intended to be waived. The notice may also be waived by other acts of the landlord. an opinion that the landlord did not intend to continue the tenancy. 186. at the end of the current year of his tenancy thereof. it began on a certain clay. a notice to quit on that day is given at a subsequent period. N. but such assent must be strictly proved. C. 2 Esp. P. or accompanied by other circumstances which may induce. and under what circum− stances the rent is paid and received. Adams on Ej. 243. the tenant is concluded by his act. which shall. ex− pire next after the end of three months from the date of the notice. 2 Phil. the rent must be paid and received as rent.

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. 2 East. R. 13. 1 T. but must of neces− sity be taken as a confirmation of the ten− . to clear and fence the land and pay the taxes. 333. 236. 10 East. 1 Binn. however. In cases. according to the circumstances which attend it. that is.generally open to explanation. and the par− ticular act will or will not be a waiver of the notice. 53. not− withstanding the tenant held by an improv− ing lease. where the act of the land− lord cannot be qualified.

jr. 149. the notoriety of a fact is not suffi− cient to found a judgment or to rely on its truth. 542. This must depend upon many circumstances. in consequence of their notoriety. 3. 10 Ves. This notoriety is of fact or of law. month ana year when such presentment was made. 14. and in the law text books. but there are some facts of which. suo motu. 8 John. NOTORIETY. The courts of the United States take judicial notice of the. 9 Wheat. 428. and the reason. Rep. to prove the fact that London in Great Britain or Paris in France. 297. it will not supply the protest. for non− acceptance or non−payment. 280. if not absurd. 3 Dall. 4 T. 207. facts stated in ancient histories. perhaps upon the progress of human knowledge in . 10 Wheat. for example. and the journals of the legislatures. 2 Rags. 4 M. 398. on Bills. in. 464. Skin. 342. ports and waters of the United States. R. Lit. 4 Inst. 2 East. as if he distrain for rent accruing after the expiration of the notice. recitals in statutes. They take like notice of the boundaries. R. See Protest. take cognizance. 19 b. It would be altogether unnecesrary.ancy. 399. & S. 9 Ves. in one case. It is difficult to say what will amount to such notoriety as to render any other proof unnecessary. BI. Adam on Ej. 347. The noting is not indispensa− ble. or recover in an action for use and occupation. 2. 385. consisting of the initials of his name. The name of the minute made by a notary on a bill of exohange. which the tide ebbs and flows. 311. is not within the juris− diction of an American court. NOTING. after it has been presented for acceptance or payment. In general. 175 Chit. together with his charge. 854. of the several states and judicial districts. the court will. are considered of such notoriety that they need not be otherwise proved. jr. if any has been assigned. 374. Rep. Co. evidence. 1 H. it being only a part of the protest. R. 1 Ohio Rep. 240. 7 Pet. because the fact is notoriously known. the notice of course will be waived. That which is generally known. the date of the day. 1 Binn. 313. 1 Ventr. 4. 144.

Novation is a substitution of a new for an old debt. written during the reign of Edward III. The notoriety of the law is such that the judges are always bound to take notice of it.. de Jurisp. 513. 178. n. statutes. without the in− tervention of any new person. PI. 216. Civ. NOVA CUSTOMA. Frau. Ev. n. Menock. c. The name of an imposition or duty in England. 1. 2. 63. NOVA STATUTA. A. n. in another. NOVAE NARRATIONES. The title of an ancient English book. a novation may be made in three different ways. The name given to the statutes commencing with the reign of Edward III.the fields of science. 13. 6. 19. 2 Id. n. 5 Port. quaest. Diet. pre− cedents and text books are therefore evi− dence. The doctrine of the civil and canon laws is similar to this. Toullier Dr. n. The second is that which takes place . t. and is called a novation generally. 23 12 Verm. The first takes place. in consideration of being liberated from the former. where a debtor contracts a new engagement with his credi− tor. 5. 1107. 63. 6. This kind has no appropriate name. 1 Chit. 10. lib. without any other proof than. Mascardus. 16. 334. 9 Dana. liv. 2. 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. de probat conclus. 9 Pet. Vide An− tiqua. 3. civil law. NOVATION.. 26. on the extent of information on the state of foreign countries. . Gresley. Id. Customs. Boehmer in tit. 225. 1106. and in all such instances upon the accident of their being little known or pub− licly communicated. 3. Vide Vetera Statuta. The old debt is extinguished by the new one con− tracted in its stead. lib. Co. mot Notoriete. New statutes. &c. de praesumpt. It consists of declarations and some other pleadings. et seq. Lit. Id. de probat. 1. 624. 382. 607. n. T 3. 1 Th. 2. their production. 293. which form three distinct kinds of novations.

by order of that creditor. who is in consequence discharged. and is accepted by the creditor. . who thereupon discharges the first debtor. contracts some obligation in favor of a new creditor. The person thus rendering himself debtor for another. 4.by the intervention of a new debtor. and this kind of novation is caned expromissio. for the purpose of being discharged from his original creditor. is called expromissor. The third kind of novation takes place by the intervention of a new creditor where a debtor. There is also a particu− lar kind of novation called a delegation. where another person becomes a debtor instead of a former debtor.

512. 415. 390. 10 Pet. C. 371. SS 4. 162. 7 Vin. Azo & Man. 1 Watts & Serg. 15 Serg. Gow. 6 Mass. t. t. c. 93. the new note shall not be deemed a satisfaction of the original debt. 121. t. 1 Pick.. and the giving such deed may be sufficient accord and satis− faction for a simple contract debt. R.. 3 Wash. nor can the agreement be pleaded as a bar to the original demand. 711. 224. 13 Mass. 522. in itself. 438. 10 S. 276. The name of an old remedy which was given for a new or recent disseisin. 212. 185. R. 1. 168. Domat. 298. that a mere agreement to sub− stitute any other thing in lieu of the original obligation is void. 280. C.. Clef des Lois Romaines. 807. 511. . Y. 148. p. 1 Cowen.. Burge on Sur. 532. 396: Addis. art. R. Merl. Coop. No action can be maintained upon the new agreement. 247. C. Litt. 4 Mass. Rep. 5 Mass. 165. 6. C. 5. h. 267. B. 525. R. that deed gives. Rep. 94. It is a settled principle of the common law. R. R. Rep. & Rawle. C.−2. h. h. 2. 2 Wash. on Partn. 6 Watts & Serg. t. Toull. See Delega− tion. But where an agreement is entered into by deed. 273. See generally Discharge. 8 Pick. Just. without any new consideration. 9. 4 Mason. 2 Greenl. Dalloz. 2 N. 2. Code. 11. Pet. R. 1 Peters’ R. 367. c. 1 Hill’s N. 378. Rep. 582. 1 Wash. 343. 9 Mass. a substantive cause of action. 15 John. 1 Burr. c. 321. C. C. 191. 8 Cowen. Inst. 3. 24. R. Watts & S. Louis. see 8 Greenl. 39. Vide New Assignment. 9 Watts. 266. h. 516.Poth. 4 Watts. unless actually carried into execution and accepted as satisfaction. NOVEL ASSIGNMENT. Cas. 5. 9 Watts. See Ac− cord. H. C. 156. h. 2. The general rule seems to be that if one indebted to another by simple contract. 5 Day. Dict. drawn by himself. 166. for the same sum.. Rep. R. 2 Wash. C. But if he transfer the note he cannot sue on the original contract as long as the note is out of his possession. Abr. art. t. unless so intended and accepted by the creditor. give his creditor a promissory note. t. b. pt. 11.. NOVEL DISSEISIN. 2 John. 2181 to 2194. C. Co. Obl.

he could prove his title. translated into Latin. This collection contains one hundred and thirteen novels. however. rents. Although the novels of Justinian are the best known. Severus.2. also called novels. These novels changed many rules of the Justinian law. by Agilaeus. Those novels are not. Com. The ordinances of the emperor Leo. civil law. and dig− seised of his lands or tenements. and the disseisin by the present tenant. were. and if. NOVELS. − . NOVELLAE LEONIS. They are directed either to some. or an archbisbop or bishop. those of Justinian are always intended. Leo. When tenant in fee simple. written origi− nally in Greek. Some of the acts of Theodosius. was put out. Anthemius. or for term of life. 3 Bl. or to amend or alter the laws in force. this name was so given because they were new or posterior to the laws which they had before published. and his actual seisin. But the novels of the emperors who preceded Jus− tinian bad not the force of law. he was not the first who gave the name of novels to his constitution and laws. the latter frequently remove doubts which arise on the construction of the code. which were made from the year 887 till the year 893. after the enactment of the law by order of that emperor. and afterwards. The novels of. The name given to some constitutions or laws of some of the Roman emperors. he might sue out a writ of assise or novel disseisin. fee tail. Valentinien. entirely useless. find the like. and when the word novels only is mentioned. because the code of Jus− tinian having been composed mainly from the Theodosian code and the novels. and others. 187. are so called. 2. officer. upon trial. or to some private individual of Constantinople but they all had the force and authority of law. Justinian form the fourth part of the Corpus Juris Civilis. This remedy is obsolete. in 1560. be was entitled to have judgment to recover his seisin and damages for the injury sustained. The novels were made to supply what bad not been foreseen in the preceding laws. The number of the .

27. civil law. by which he is restored to society. and is rebabilitated. NOXAL ACTTON. −this term. Pr. Vide 1 P. arbitrary. in Chan. is applied to a man who has been pardoned of a crime. 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. 593 NOVUS HOMO. A per− sonal. and indirect action in favor of one who has been injured by the slave of another. Wms.novels is uncertain. A new man. by which the owner or master of the slave was compelled either to pay the .

5 Mass. A nudum pactum may be avoided. 4. Mich. which are generally good although no consideration appears. 5. in defining what constitutes a nudum pactum. is a bare allegation of a thing done. 41. 8 Ala. contracts. Figuratively. 551. R. There are some contracts which. in any degree been influenced by the notions of the civil law. 335. Dig. 3 McLean. 2 Day’s R. it is valid. 6 Iredell. But if the contract be under seal. 8. 4. 364.51. & A. A bare allegation un− supported by evidence. 16. P. 1 Supp. 7 T. 131. 7 Bro. 235. 32. tom. to Ves. 480. NUDUM PACTUM. 294. 5. R. 2 Denio. See on this subject a learned note in Fonbl. 3 Kent. page 10. Dig. Dig. and is not binding. Code. nu de matter. 364. civil law. 329. 403. 19. Com. Com. 2. it is called a nude or naked contract. yet the common law has not. and Inst. and in this country. 1 Dougl. v. and 2 Kent. NUDE. 13. NUBILIS. because it is not clothed with the consideration re− quired by law. Pr. Eq. Vide Abandonment for torts. ex nudopacto non oritur actio: 2 Bl. 445. Toullier defines nudum pactum to be an agreement not executed by one of the parties. note. 1 Strobh. A nude contract. it is still a nude pact.. 9. 3. 113. 1 Kelly. 330. 1 it. 5. R. 301.) is one without a consideration. this word is applied to various subjects. jr. and art. without any evidence of it. This term is borrowed from the civil law. 4 John. NUDE MATTER. Whether the agreement be verbal or in writing. Vide 16 Vin. Com. as sealed instruments. 6. 16 Vin. 22. Naked. 392. 514. 350. 16. One who is of a proper age to be married. q. 188. 4. 550. in order to give an action. and bills of exchange. Ab. This has been decided in England. and the rule which decides upon the nullity of its effects. C. A con− tract made without a consideration. nudum pactum. in consequence of their forms. 2. Ab. R. It is a rule that no action can be maintained on a naked contract. 2 B. 3. . and promissory notes. import a con− sideration. n.damages or abandon the slave.

In rela− tion to offensive trades. 216. From−acts of public indecency. A thing may be a nuisance in one place. 2. L. to be judged of by the jury. Hawk. S. 1 Str. 166−7. Peake’s Cas. 510. Car. & P. n. Cro. torts. It is diffi− cult to define what degree of annoyance is necessary to constitute a nuisance. 217. that the offence can no longer be considered a private nuisance: this is a fact. 1163. 12 E. 10. 226. 333. 1 Burr. is not guilty of setting up a nuisance. Com. 5 Esp. law. or damage. 4. 1 Hawk. To constitute a Public nuisance.−1. A tallow chandler seeing up his baseness among other tallow chandlers. 197. NUISANCE. C. 485. Rec. for the neighborhood have a right to pure and fresh air. 200. where Do such business was carried on. 333. 686. therefore the situation or locality of the nuisance must be considered. which−is not so in another. 1 Str. Public nuisances arise in consequence of following particular trades. Nuisances are either public or com− mon. crim. in sight of the neighbor− . by which the air−is rendered offensive and noxious. C. in law. 4 Bl. P." 3 Comm. according to Blackstone. and increasing the noxious smells of the neighborhood. 5. 3. as bathing in a public river. 1. 6 Rogers’ Rec. Such an establishment might be a nuisance−in a thickly populated town of merchants and mechanics. unless the annoyance is much increased by the new manufactory. 755 s. 686. as annoys the whole community in general. 2 Car. 87. Raym. C. R. B. A public or common nuisance is such an inconvenience or troublesome offence. 2 Chit. 607. 4 Rog. C. 91. 1 . there must be such ’a number of persons annoyed. Cr. 337. 1 Burr. C. or private nuisances. 704.Consideration. c. and not merely some particular person. 4 Esp. " any− thing that worketh hurt.Burr. it seems that when such a trade renders the enjoyment of life and property uncomfortable. 2 Ld. it is a nuisance. Law. inconvenience. it signifies. 61. This word means literally annoyance. generally.

9 Conn. 74. C. Cr. R. 1 Russ. 6. 1 Russ. L. Bac. C. 1. 298. 350. R. Ab. c. R. 1 Russ. as a large bull−dog accustomed to bite people. to the disturbance of the neighborhood. & A. 168. or a dangerous animal. or a bawdy house. 299. Nuisance. Just.ing houses. 89. 678. 1. as for drawing a number of persons into a field for the pur− pose of pigeon−shooting. 23 Eng. or a gaming house. b. known to be such. Hawk . s. Cr. 3 B. s. b. c. S. 302. 52. or exposing a person . and suffering him to go at large. 1. or for acts tending to a breach of the public peace. Hawk. A. 2 Campb. Sid. 4 Burn’s. 7 5. Cr. or keeping a dis− orderly house. 184.

Index. 8. Index. 72 7 Pick. generally. t. by plowing it up. or erect his. or hereditaments of another. Ev. 188. Vin. Cr. 3 Bl. t.having a contagious disease. 3 Amer. Nul tiel record. so as to obstruct my ancient lights. Finch. 1 S. p. 76. Nels. NUL TIEL RECORD. Jurist. A private nuisance is anything done to the hurt or annoyance of the lands. pleading. 1 Root’s Rep. A plea in a real action. 9 Co. 78. 441. law French. P. A plea to an action on an arbitration bond. These are such as are injurious to corporeal inheritance’s. t. A barbarous word which means to convey a negative. c. Action on the case for a nuisance. 9. Com. or when he sets up his defence on matter of record.. h. 447. F. 2. and vol. 1730. B. c. I have a way annexed to my estate. Com. 129. b.. 3 Burr. 219. & R. h. b. When a party claims to recover on the evidence of a record. Inst. 30. Cr. Ab. L. Index. R. 272. with− out right. If. or laying logs across it. as the small− pox. 140. as. NUL DISSEISIN. B. N. if a man should build his house so as to throw the rain water which fell on it. 923. as a former acquittal . Bouv. Nul tiel award.. Cr. when the defendant avers that there was no legal award made. on my land. 9 Co. R. t. h. Selw. 58. 383. Dig. Private nuisances may also be in− jurious to incorporeal hereditaments. 6. 58. and the like. Chit. for example. 13 Russ. 3 Harr. Ab. in public. building. & McH. t. N. for example. pleading. 1 John. keep hogs or other ani− mals so as to incommode his neighor and render the air unwholesome. 73. F. 1 0 Mass. b. h. 2 Stra. 2 Roll. N. The remedies for a public nuisance are by indicting the party. and the like. Chit. Bac. NUL. t. No award. 1215. Pr. No such record 2. 85. across another man’s land. as. and he obstruct me in the use of it.−2. as in an action on scire facias. Ab. t. 4 M.. L. No disseisin... NUL AGARD. h. 3 Yeates’ R. Ab. Vide. 184. Com. by which the de− fendant denies that there was any disseisin it is a species of the general issue. h. & S. 183. t. R. Rose. 1.. 7. tenements. 3 Bl.

n. Vide 1 Saund. 228. and in support of this plea the defendant may give in evidence anything which proves that the act charged is no waste.exist. and also the defect which prevents it from having such effect. Properly. In a figurative sense. Pr.or former recovery. Properly.8. 238. Litt. NUL WASTE. that which is not in the nature of things. 1 Phil. Ev. Dig. that which does not . pleading No wrong. R. the opposite party may plead or. 307. Com. Vide Chit. . by which the defendant denies that he com− mitted any wrong. and in law. 511. 283 a. 8 − Certiorari. light− ning. 38 − Record. 522. n. 700 a. The retum made to a writ of fieri facias. reply nul tiel record. 5. It is a yule of law that what is abso− lutely null produces no effects whatever. This is the gene− ral issue in an action of waste. 3 Chit. NULIA BONA. 3 Saund. 708 a. NULL. Bail. Entr. Co. In a figurative sense it signifies that which has no more effect than if it did not exist. 3 Bouv. 114. It is a species of gene− ral issue. 3 12Vin. C. A l Pleader. 7 Port. This is a plea to a real action. he married another wo− man. 2. by the sheriff. Inst. if a man bad a wife in full life. 1 Spencer. 2. NULLITY. n. 92. as. That which is absolutely void. pleading. NUL TORT. such second marriage would be nun and without any legal effect. 2 W 13. Contr. 8 Toull. 2 Archb. that which does not exist. there is no such record. when he has not found any goods of the defendant on which he could levy. of the record.188. n. 3393. but puts the whole declaration in issue. and both aware of the fact. 110. and the like. Co. 320. nul waste ad− mits nothing. it means that which has no more effect than if it did not exist. The plea of. that which is not properly in the nature of things. in which case the issue thus raised is called an issue of nul tiel record. 2 McLean. Ab. and it is tried by the court by the inspec− tion. as that it happened by tempest.

B. Absolute nullities are those which may be insisted upon by any one having an interest in rendering the act. K. 4th edit. 97. Nullities have been divided into ab− solute and relative. even by the public authorities. 4.Pr. 888. . Relative nullities can be invoked only by those in whose favor the law has been established. as a second marriage while the former was in full force. deed or writing null. Bayl. 3. Ch. Pr. Everything fraudu− lent is null and void. 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. in fact. The principal causes of nullities are. land.

A bastard is considered nullius filius as far as regards his right inherit. 18. 2 John.−5. as. R. Vide Duress. as. t. Diet. of married women’s contracts. Vide Perrin. t. 387. 208. R. Defect of power in the party who entered into a contract in behalf of another. as. as a verbal promise with− out consideration. when in fact he was dead. 255. 6 S. Authority. Hen− rion. 12 Mass. Traite des Nullites. for marrying him without his consent. it seems. and the like. 7. as if his child were legiti− mate. 2 Mass. & R. for example. The mother of a bastard. And. both supposing him to be alive.−2. 6. Vide Attorney. 4. and is bound to maintain it. Void. when the law requires that a will of land shall be attested by three witnesses.−6. The son of no one. when the law requires that the matter should be re− corded. Ashm. The want of consideration in simple contracts. 433. if a man be compelled to execute a bond by duress.1. is entitled to the custody of the child as against all but the mother. . sed vide 5 East. 5. NULIUS FILIUS. The putative father. Merl. in the case of judgments. Vide Will. Defect of form. too. 55. 3.. when A sells B horse. when an attorney for a special purpose makes an agreement for his principal in re− lation to another thing. 148. liv. it is null and void. 2. The loss of a thing which is the subject of a contract. is entitled to the custody of her child. Sale. The want of recording. as.−4. The incapacities of the parties. 375. 15 John. R. 224 n. that the putative father may main− tain an action. as in the cases of persons non compos men− tis. during its age of nurture. 1. See art. Dall. a bastard. 10. R. − 7. 109. h. c. and it is on] attested by two. − 3. Vide Contract. as. 2. Want of will. Rep. h. Pouvoir Municipal. 8. But the rule of nullius filius does not apply in other respects. 9. 1 New Rep.

837. Lawes’ PI. &c. In pleading. 212. or express con− tract. Eliz. See Bas− tard. in an action of tres− pass the plaintiff proves the wrongful taking away of any part of the goods duly de− scribed in his declaration.contrary. when alleged in the recital of a re− cord. NULLUM ARBITRIUM. Bl. Rep. G. A collection of units. by which the defendant asserts that there is no award. And sometimes. Dougl." 1 Keb.. 4 T. and in an action for the loss of goods. Bac. to law. Mother. R. written instrument. 2 Bl. was held ’to be sufficiently certain. by burning the plaintiff’s bouse. Ab. 123. Bac. 1 H. is used to express that a thing is done at one time which ought to have been performed at an− other. 669. This phrase. Putative Father. by which the defendant denies that he submitted to arbitration. NUMBER. I 2 Lawes’ PI. because they are not required to be strictly proved. which signifies now for then. 2. numbers must be stated truly. Leave of court must be obtained to . for example. 825. Arbitr. 3. 284. when the subject to be described is supposed to comprehend a multiplicity of particulars. 31. 3 Bulst. If. NUNC PRO TUNC. 48. Trover. Cro. Trespass. pleading. Ab. Car. A declaration in trover alleging the conversion of " a library of books"’ without stating their number. Child. The name of a plea to an action on an arbitra− tion bond for not fulfilling the award. But in other cases. F 1. 48. Carth. practice. the articles may be described by the simple denomination of " goods" or " divers goods. Cro. it is not in general re− quisite that they should be truly stated. titles. The name of a plea to an action of debt upon an obligation for the performance of an award. a general de− scription is sufficient. 85. Plowd. &c. 1104. Addis. 262. 110. Father. Bac. he is entitled to recover pro tanto. Ab. 118. NULLUM FECERUNT ARBITRIUM. or quality. 314.

A plea to an action of indebitatus assump− sit. whereof their father. NURTURE. The name given to the Pope’s ambassador. F. C. R. 359.. NUNCIO. Will. B. 462. and this is granted to answer the purposes of justice. h. he is guardian by nurture. 1 Hogan. NUNQUAM INDEBITATUS. 1. pleading. 1 Mees. Dig. has been made verbally. 16. international law. 174. Nuncios are ordinary or ex− traordinary. Pand. 436. NUNCIUS. 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. and after the death of the father. n. lies for a sister co−heiress. B. R. the mother is guardian by nurture. and not longer. 3 Man. Law. 197. Vide Testa− ment nuncupative. NUPER OBIIT. & B. 312. 77.do things nunc pro tunc. 2 Bouv. Guardian. 970. Gr. D. nuncupative. 1 Bro. 110. He or she lately died.. h. 50. Com. 50. Roberts on Wills. Litt. practice. R. It is used to express that a will or testament. 1. 1 Moll. 6. 25 English Com. 4 Kent. 6 Carr. dispossessed by her coparcener of lands and tenements. Swinb. 545 S. t. 520.. 1 Q. t. t. c. Civ. 535. h. 2 S. & Wels. 504. a minister. Fl. 13 Price. the former are sent upon usual missionas. A mes− senger. Co. the latter upon special occasions. Inst. R. Com. 1 Williams on Exec. Till then. Dig. 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. 542. 5 Binn. Law Rep. But in special cases the mother will be preferred to the father. & Sc. 59. brother. 38 b. Termes de la Ley. or any common ancestor died seised of an estate in fee simple. . Index. & R. and not in writing. by which the defendant asserts that he is not indebted to the plaintiff.. & P. N . A daughter−in−law. which in the English law. Ayl. Vide 1 V. NURUS. The name of a writ. com− monly called a nuncio. 604. 288. the pope’s legate.

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