Page:Black's Law Dictionary (Second Edition).djvu/836

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NON—RESIDENT. One who is not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum. Gardner v. Meeker, 109 Ill. 40, 48 N. E. 307 ; i\'-age] v. Loomis, 33 Neb. 499, 50 N. W. 441; Moi gan v. Nunes. 54 Miss. 310. For the distinction between “residence” and "domicile." see DOMICIIE.

NON-EESIDENTIO PRO CLERICO REGIS. A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by ievison of his non- residence; in which case he is to be discharged. Reg. Orig. 58.

Non responflebit minor nlsi in canon dotis, et hoe pro fnvore doti. 4 Coke, 7L A minor shall not answer unless in a cast of dower, and this in favor of dower.

NON SANIE MENTIS. Lat. sound mind. Fletn, lib. 6, c. 40, S 1.

Of un-

NON—SANl-.‘.. As “siiue,” when applieil to the mind, means whole. sound, in a. he-iith- fui state. "non-sane" must mean not whole, not sound, not in a healthful state; that is, broken, impaired, siiiittered, infirm, weak, diseased, unable, either from namre or acci- dent, to perform the rational functions com- mon to man upon the objects presented to it. Den v. Vancleve, 5 N. J. Law. 589, 661. —Non-sane memory. Unsoiind memory: unsound mind. in re Beaumont. 1 \rVhart. (Pn.)

2. 3 Am. Dec. 33; In re Formnnis Will, 54 Barb. (N. Y.) 286.


Liit. It does not fol-

Non Iolent quae abundant vitizire scripturas. Superfluitics [things which abound] do not usually vitiate writings. Dig. 60. 17. 94.

Non lohun quid licet, ted quid est couveniens, est considernndum; quia nihil quad est incouveuieus est licitum. Not only what is lawful, but what is proper or convenient. is to be considered; because nothing that is inconvenient is lawful. Co. Litt. 66:1.

NON SOLVENDO PECUNIAM AD QUAM CLERICUS MULCTATUR PRO NON-RESIIDENTIA. A Writ prohibiting an ordinary to take a pecuniary niulct imposed on a clerk of the sovereign for non- residence. Reg. Writ. 59.

NON SUBMISSIT. Lat. He did not submit. A plea to an action of debt, on a mud to perform an award, to the eifect that the defendant did not submit to the arbitration.

NON SUI JURIS. Lnt. Not his own master. The opposite of am‘ luria, (q. 1:.)


NON SUM INFORMATUS. Lat. 1 ii not informed; I have not been Instr The name of a species of judgment by «it- fnult, which is em -rod when the defendant‘! attorney announces that he is not illfurifl of any answer to be giien br hbii: usualiy in pursuance of a previous :irrangei.uent lietween the parties.

NON-SUMMONS, WAGER OF LAW 02!‘. The mode in “hlcli :1 tenant or defendant in a real action pleaded, when the summons which followed the original vru not ser\.ed within the proper time.

Non tome:-e credere est uervul rapi- entisz. 5 Cake, 114. Not to believe raishly is the nerve of wisdom.

NON TENENT INSIMUL. Lllt. In ple'1(ling. A plczi to an action in partition, by which the defendant denies that ha and the plaintili are joint tenants of the estate in quesfion

NON TENUIT. Lnt. He did not hold. This is the name of a plea in i)'.ll' in replevln, by which the plaintii]! alleges that he did not hold in manner and form as .iverred, being given in answer to an mowry for rent in arrenr. See Rose Real Act. USS.

NON-TENURE. A plea in a rl action, by which the defendant asserts, either as to the whole or as to some part of the land mentioned in the plaiutiirs declaration, that he does not hold it. Pub. St. Mass. 1882. p. 1293.

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

NON-TERNLFNUS. The vacation between term and term, foimerly called the time or days of the king’: peace.

NON-USER. Neglect to use. Neglect to use a franchise; neglect to exercise an office. 2 Bl. Comm. 153. Neglect or omission to use an eisenient or other right. 3 Kent, Comm. 448. A right acquired by use may be lost by non-user.

NON USURPAVIT. Lat. He has not usurped. A form of traverse. in an action or proceeding against one alleged to have usurped an office or franchise, denying the usurpation charged. See Com. v. Cross Cut R. Ca., 53 Pa. 62.

Non valebit felmiis geuerntio, net! at! hie:-editateni paternam vel materuam; Ii uutem ants feloniam generationem fecerit, tall: gencratia succedit in haste- rlitute patris vel matris a qua non fu- erit felouia. perpetrate. 3 Coke, 41. The

oiispring of a felon cannot succeed either to