In old English law. De-fault In not replevying land in due time, when the same was taken by the king upon a default The consequence thereof Goss of selsln) was abrogated by St 9 Edw. III. c. 2
Category: N
NON-FERFORMANCE
Neglect, faU-ure, or refusal to do or perform an act stipu-lated to be done. Failure to keep the terms of a contract or covenant, ln respect to acts or doings agreed upon
NONFAYMENT
The neglect, failure, or refusal of payment of a debt or evldence of debt when dne
NON OBSTANTE
Lat Notwithstanding. words anciently used in pnblic and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Bur-rill
NON-NEGOTIABLE
Not negotiable; not capable of passlng title or property by indorsement and delivery
NON MOLESTANDO
A writ that lay for a person who was molested contrary to the king’s protection granted to hlm. Reg. orig. 184
NON MERCHANDIZANDA VTCTU-ALIA
An ancient writ addressed to jus-tlces of assize, to inquire whether the msgis-trates of a town sold victuals in gross or by retail during the time of their being in ofiice, which was contrary to an obsolete statute; and to punish them lf they did. Reg. orig. 184
NON-MAILABLE
A term applied to all letters and parcels whlch are by law exclud
NON-JURORS
In English law. Per-sons who refuse to take the oaths, required by law, to support the government
NON JURIDICUS
Not judicial; not legal. Dies non juridicus ls a day on which legal proceedings cannot be had
NON-JOINDER
See Joindeb
NON-ISSUABLE PLEAS
Those upon which a decision would not determine the action upon the merits, as a plea in abate–ment 1 ChiL Archb. Pr. (12th Ed.) 249
NON INTROMITTANT CLAUSE
In
NON-ABILITY
want of ability to do an act in law, as to sue. A plea founded up-on such cause. Cowell
NON INTERFUI
I was not present A reporter’s note. T. Jones, 10
NON-INTERGOURSE
1. The refusal of one state or nation to have commercial dealings with another; simllar to an em-hargo, (q. r
NON INFREGIT CONVENTIONEM
Lat He did not break the contract The name of a plea sometimes pleaded ln the action of covenant, and intended as a general issue, but held to be a had plea; there being, properly speaking, no general issue in that action. 1 Tidd, Pr. 356.
NON IMPLACITANDO ALIQUEM DE LIBERO TENEMENTO SINE BREVI
A wrlt to prohiblt bailiffs, etc., from dis-training or Impleading any maii touching his freehold without the king’s writ Reg. orig. 171.
NON FECIT VASTUM CONTRA PRO-RIBITIONEM
He did not commit waste
NON FECIT
Lat. He did not make it A plea ln an action of assumpsit ou a promls-sory note. 3 Man. & G. 446
NON EST FACTUM
Lat A plea by
NON DISTRINGENDO
A writ not to
NON-DIRECTION
omission on the part of a judge to properly instruct the Jury upon a necessary conclusion of law
NON DIMISIT
L. Lat He did not de-mise. A plea resorted to where a plaintiff declared upon a demise without stating the Indenture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise
NON DETINET
Lat. He does not de-tain. The name of the general issue ln the action of detinue. 1 Tidd, Pr. 645; Berlin Mach, works v. Alabama City Furniture Co., 112 Ala. 488, 20 South. 418
NON-DELIVERY
Neglect, failure, or refusal to deliver goods, on the part of a carrier, vendor, bailee, etc
NON DEDIT
Lat. In pleading. He did not grant. The general Issue in forme-don
NON DECIMANDO
See De non De
NON DAMNIFICATUS
Lat Not in
NON-OONTINUOUS EASEMENT
A
NON CONSTAT
Lat. It does not ap-pear; it is not clear or evident A phrase used ln general to state some conclusion as not necessarily following although it may appear on its face to follow
NON-OONFORMIST
In English law. one who refuses to comply wlth others; one who refuses to join in the established forms of worship
NON CONCESSIT
Lat. He did not grant. The name of a plea denying a grant, which could be made only by a stranger
NON COMFOS MENTIS
Lat. Not sound of mind; insane. This is a very general term, embracing all varieties of mental derangement See Insanitt
NON-COMMISSIONED
A non-coiuruls-sioned oflicer of the army or militia is a subordinate oflicer who holds his rank, not by commission from the executive authority of the state or nation, but by appointment by a superlor officer
NON-COMBATANT
A person connected with an army or navy, hut for purposee other than fighting; such as the surgeons and chaplains. Also a neutral
NON-CLAIM
The omissiou or neglect of him who ought to claim his right within the time limited by law; os within a year and a day where a continual claim was required, or within five years after a fine had been levied. Termes de la I^ey
NON CEPIT
He did not take. The gen-eral Jssue in replevin, where the action is for the wrongful taking of the property; put-ting in Issue not only the taking, but the place in which the taking ls stated to have been made. Steph. Pl. 157, 167
NON-BAILABLE
Not admitting of bail; not requiring bail
NON-ASSESSABLE
This word, placed upon a certificate of stock, does not cancel or impair the obligation to pay the amount due upon the shares created by the acceptance
NON-APPEARANOE
A failure of ap-pearance; the omission of the defendant to-appear within the time limited
NON-AFPARENT EASEMENT
A non-continuous or discontinuous easement Fet-ters v. Humphreys, 18 N. J. Eq. 262. See Easement
NON-AGE
Lack of requisite legal age. The condition of a person who ls under twen-ty-one years of age,- in some cases, and un-der fourteen or twelve in others; minority
NON-ADMISSION
The refusal of ad-mission
NON-ACT
A forbearance from action;, the contrary to act
NON ACCREVIT INFRA SEX ANNOS
It did not accrue within six years. The name of a plea by which the defendant sets up the statute of limitations against a cause of action which is barred after six years.
NON-ACOESS
In legal parlance, this term denotes the absence of opportunities for sexual Intercourse between husband and wife; or the absence of such intercourse
NON ACCEPTAVIT
In pleading. The name of a plea to an action of assumpsit brought against the drawee of a bill of ex-change by which he denies that he accepted, the same
NON-AGCEPTANCE
The refusal to ac-cept anything
NOMOTHETA
A lawgiver; such as Solon and Lycurgus among the Greeks, and