Legal Term Dictionary

The daughter of one's brother or sister. Ambl. 514. See NEPHEW.

The daughter of one's brother or sister. Ambl. 514. See NEPHEW. Less...

In old English law. A woman born in vassalage; a bondwoman.

In old English law. A woman born in vassalage; a bondwoman. Less...

L. Pr. Nothing; not ----Nient comprise. Not comprised; not included. An exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon the petition is founded. Tomlins.-Nient cnlpable. Not guilty. The name in law French of the general Issue in tort or in More...

L. Pr. Nothing; not ----Nient comprise. Not comprised; not included. An exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon the petition is founded. Tomlins.-Nient cnlpable. Not guilty. The name in law French of the general Issue in tort or in a criminal action.-Nient dedire. To say nothing; to deny nothing; to suffer judgment by default.-Nient le fait. In pleading. Not the deed; not bis deed. The same as the plea of non est factum.-Nient seisi. In old pleading. Not seised. The general plea in the writ of annuity. Crabb, Eng. Law, 424. Less...

The black book or register in the exchequer; chartularles of abbeys, cathedrals, etc.

The black book or register in the exchequer; chartularles of abbeys, cathedrals, etc. Less...

As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, if there be daylight, or crepusculumr enough begun or left to discern a man's face, that is considered day; and night Is when It is so dark that the More...

As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, if there be daylight, or crepusculumr enough begun or left to discern a man's face, that is considered day; and night Is when It is so dark that the countenance of a man cannot be discerned. 1 Hale, P. C. 350. However, the limit of 9 p- to- to 6 A. H. has been fixed by statute, in England, as the period of night, In prosecutions for burglary and larceny. St. 24 ft 25 Vict. c. 96,11; Brown. In American law, the common-law definition is still adhered to in some states, but in others "night" has been defined by statute as the period between sunset and sunrise. -Night magistrate. A constable of the night; the head of a watch-house.-Night walkers. Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night Persons who prowl about at night, and are of a suspicious appearance and behavior. Persons whose habit is to be abroad at night for the purpose of committing some crime or nuisance or mischief or disturbing the peace; not now generally subject to. the criminal laws except in respect to misdemeanors actually committed, or in the character of vagrants or suspicious persons. See Thomas v. State, 55 Ala. 2G0; State v. Dowers, 45 N. H. 543. In a narrower sense, a night walker is a prostitute who walks the streets at night for the purpose of soliciting men for lewd purposes. Stokes v. State, 92 Ala. 73, 9 South. 400, 25 Am. St Rep. 22; Thomas v. Stote, 55 Ala. 200. Nigrum nunquam exeedere debet rn-brnm. The black should never go beyond the red, [i. e., the text of a statute should never be read in a sense more comprehensive than the rubric, or title.] Tray. Lat Max. 378. Less...

Lat Nothing. Often contracted to "nil." The word standing alone is the name of an abbreviated form of return to a writ made by a sheriff or constable, the fuller form of which would be "nihil est" or ''nihil habet," according to circumstances. -Nihil eapiat per breve. In practice. That More...

Lat Nothing. Often contracted to "nil." The word standing alone is the name of an abbreviated form of return to a writ made by a sheriff or constable, the fuller form of which would be "nihil est" or ''nihil habet," according to circumstances. -Nihil eapiat per breve. In practice. That he take nothing by his writ. The form of judgment against tbe plaintiff in an action, either in bar or in abatement. When the plaintiff has commenced his proceedings by bill, the judgment is nihil capiat per billam. Co. Litt 363.-Nihil dicit. He says nothing. This is the name of the judgment which may be taken as of course against a defendant who omits to plead or answer the plaintiff's declaration or complaint within the time limited. In some jurisdictions it is otherwise known as judgment 7,for want of a plea." See Gilder v. Mclntyre, 29 Tex. 91: Falken v. Housatonic R. Co., 63 Conn. 258, 27 Atl. 1117; Wilbur v. Maynard, 6 Colo. 486.-Nihil est. There is nothing. A form of return made by a sheriff when he has been unable to serve the writ. "Although non est inventus is the more frequent return in such a case, yet it is by no means as full an answer to the command of the writ as is the return of nihil. That amounts to an averment that the defendant has nothing in the bailiwick, no dwelling-house, no family, no residence, and no personal presence to enable the officer to make the service required by the act of assembly. It is therefore a full answer to the exigency of the writ." Sherer v. Easton Bank, 33 Pa. 139. -Nihil babet. He has nothing. The name of a return made by a sheriff to a scire facias or other writ which he has been unable to serve on the defendant. Nihil aliud potest ren qnam qnod de jure potest. 11 Coke, 74. The king can do nothing except what he can by law do. Nihil eonsensui tarn eonjfcrarium est qnam via atque metus. Nothing Is so opposed to consent as force and fear. Dig. 50, 17, lie. Nihil de re aoereseit ei qui nihil in re quande jus aeoreseeret babet. Co. Litt. 188. Nothing of a matter accrues to him who, when the right accrues, has nothing in that matter. Nihil dictum quod non diotnm prius. Nothing is said which was not said before. Said of a case where former arguments were repeated. Hardr. 464. Nihil est enim liberalc qnod non idem jns turn. For there is nothing generous which is not at the same time just 2 Kent, Comm. 441, note a. Nihil est magis ration! oonaentanenm qnam eodem mode qnodque dissolToro quo oonJIatum est. Nothing Is more consonant to reason than that a thing should be dissolved or discharged in the same way in which it was Created. Shep. Touch. 323. Nibil faoit error nominis onm de cor-pore constat. 11 Coke, 21. An error as to a name is nothing when there is certainty as to the person. Nibil babet forum ex seena. The court has nothing to do with what Is not before it Bac Max. Nibil in lege intolerahilius est [qnam] can dem rem dlverso jure oenseri. Nothing is more Intolerable in law than that the same matter, thing, or case should be subject to different views of law. 4 Coke, 93a. Applied to the difference of opinion entertained by different courts, as to the law of a particular case. Id. Nibil infra regnum subditos magis oonservat in tranqnilitate et ooneordla qnam debita legnm administratio. Nothing preserves in tranquillity and concord those who are subjected to the same Government better than a due administration of the laws. 2 Inst 158. Nibil iniquius qnam ssqultatem nimis intendere. Nothing is more unjust than to extend equity too far. Halk. 103. Nibil magis justum est qnam quod necessarium est. Nothing Is more just than that which is necessary. Dav. Ir. K. B. 12: Branch, Princ. Nibil nequam est prsBsnmendum. Nothing wicked is to be presumed. 2 P. Wms. 583. Nibil perfeotum est dum allquid restat agendum. Nothing is perfect while anything remains to be done. 0 Coke, 9b. Nibil peti potest ante id tempus quo per reran natnram persolvi possit. Nothing can be demanded before the time when, by the nature of things, it can be paid. Dig. 50, 17, 186. Nibil possumus contra Teritatem. We can do nothing against truth. Doct ft Stud, dial. 2, c 6. Nibil prsBScribitur nisi quod possidetur. There is no prescription for that which is not possessed. o 5 Barn, ft Aid. 277. Nibil quod est oontra rationem est lid-turn. Nothing that is against reason is lawful. Co. Litt. 976. Nibil quod est ineonveniens est lid-turn. Nothing that is inconvenient is lawful. Co. litt 66a, 076. A maxim very frequently quoted by Lord Coke, tout to be taken in modern law with some qualification. Broom, Max. 186, 366. Nihil simul inventum est et perfectum. Co. Litt 230. Nothing is invented and perfected at the same moment Nibil tarn conveniens est naturali s"quitati qnam unumquodque dUsolri eo ligamine quo ligatum est. Nothing is 80 consonant to natural equity as that a thing should be dissolved by the same means by which it was pound. 2 Inst 350; Broom, Max. 877. Nibil tam conveniens est naturali ssquitastl qnam Toluntatem domimi rem suam iu alium transferre ratam babere. 1 Coke, 100. Nothing is so consonant to natural equity as to regard the Intention ot the owner in transferring his own property to another. Nibil tam naturale est, qnam eo ge-nere qnidqne diasolTere, quo ooUlgatum est; ideo Terberum obligatio verbis tol-Uturj nndi consensus obligatio eon-trario consensu dissolTitur. Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent Dig. 50, 17, 35; Broom, Max. 887. Nibil tam proprium imperio qnam legibus vrrere. Nothing is so becoming to authority as to live in accordance with the laws. Fleta, lib. 1, c. 17, | 11. Less...

A member of a secret association, (especially in Russia,) which ia devoted to the destruction of the present political, religious, and social institutions. Webster.

A member of a secret association, (especially in Russia,) which ia devoted to the destruction of the present political, religious, and social institutions. Webster. Less...

Lat Nothing. A contracted form of "nihil," which see. -Nil debet. He owes nothing. The form of the general issue in all actions of debt on simple contract.-Nil babuit in tenemontis. He had nothing [no interest] in the tenements. A plea in debt on a lease indented, by which the More...

Lat Nothing. A contracted form of "nihil," which see. -Nil debet. He owes nothing. The form of the general issue in all actions of debt on simple contract.-Nil babuit in tenemontis. He had nothing [no interest] in the tenements. A plea in debt on a lease indented, by which the defendant seta up that the person claiming to be landlord had no title or interest-Nil lig-atum. Nothing bound; that is, no obligation has been incurred. Tray. Lat Max. Nil agit enemplum litem qnod 'ute re-solvit. An example does no good which settles one question by another. Hatch v. Mann, 15 Wend. (N. Y.) 44, 49. Nil oensensui tam eontrarium est qnam vis atqne metus. Nothing is so opposed to consent as force and fear. Dig. 50, 17, 116. Nil faoit error nominis cum de oospore vel persona constat. A mistake in the name does not matter when the body or person is manifest 11 Coke, 21; Broom, Max. 634. Nil sine prudent! fecit ratione vetnstas. Antiquity did nothing without a good reason. Co. Litt 65. Nil temere novandum. Nothing should be rashly changed. Jenk. Cent. 163. Ntmia certitudo certitudinen ipsam destmit. Too great certainty destroys certainty itself. Lofft, 244. Nimia subtilitas in jure reprobatnr. Wing. Max. 26. Too much subtlety in law Is discountenanced. Nimium altercando Veritas amittitur. Hob. 344. By too much altercation truth is lost. Less...

A thief; a pilferer.

A thief; a pilferer. Less...

Lat. Unless. The word is often affixed, as a kind of elliptical expression, to the words "rule," "order," "decree," "judgment," or "confirmation," to indicate that the adjudication spoken of is one* which is to stand as valid and operative unless the party affected by it shall appear and show cause More...

Lat. Unless. The word is often affixed, as a kind of elliptical expression, to the words "rule," "order," "decree," "judgment," or "confirmation," to indicate that the adjudication spoken of is one* which is to stand as valid and operative unless the party affected by it shall appear and show cause against it, or take some other appropriate step to avoid it or procure its revocation. Thus a "decree nisf* is one which will definitely conclude the defendant's rights unless, within the prescribed time, he shows cause to set it aside or successfully appeals. The word, In this sense, Is opposed to "absolute." And when a rule nisi is finally confirmed, for the defendant's failure to show cause against it, it is said to be "made absolute." -Nisi feoeris. The name of a clause commonly occurring in the old manorial writs, commanding that, if the lords failed to do justice, the king's court or officer should do it By virtue of this clause, the king's court usurped the jurisdiction of the private, manorial, or local courts. Stim. Law Gloss.-Nisi prius. The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. In America the phrase is familiarly used to denote the forum (whatever may be its statutory name) in which the cause was tried to a jury, as distinguished from the appellate court. See 3 Bl. Comm. 58.-Nisi prius clause. In practice. A clause entered on the record in an action at law, authorising the trial of the cause at nisi prius in the particular county designated. It was first used by way of continuance.-Nisi prius roll. In practice. The roll or record containing the pleadings, Issue, and iury process of an action, made up for use in the nisi prius court.-Nisi prius writ. The old name of the writ of venire, which originally, in pursuance of the statute of Westminster 2, contained the nisi prius clause. Reg. Jud. 28, 75; Cowell. Less...