Blacks Law Dict. 1st ed

813

NEW ASSIGNMENT

NEXT OF KIN

argument in the order in which they stand in the paper, on days appointed by the judged for the purpose. Brown. NEW WORKS. In the civil law. By a new work is understood every sort of edifice or other work which is newly commenced on any ground whatever. When the ancient form of work is changed, either by an addi tion being made to it or by some part of the ancient work being taken away, it is styled also a "new work." Civil Code La. art. 856. NEW YEAR'S DAY. The first day of January. The 25th of March was the civil and legal New Year's Day, till the alteration of the style in 1752, when it was perma nently fixed at the 1st of January. In Scot land the year was, by a proclamation, which bears date 27th of November, 1599, ordered thenceforth to commence in that kingdom on the 1st of January instead of the 25th of March. Enc. Lond. NEWGATE. The name of a prison in London, said to have existed as early as 1207. It was three times destroyed and rebuilt. For centuries the condition of the place was hor rible, but it has been greatly improved since 1808. Since 1815, debtors have not been committed to this prison. NEWLY-DISCOVERED EVIDENCE. Evidence of a new and material fact, or new evidence in relation to a fact in issue, dis covered by a party to a cause after the rendi tion of a verdict or judgment therein. NEWSPAPER. According to the usage of the commercial world, a newspaper is de fined to be a publication in numbers, con sisting commonly of single sheets, and pub lished at short and stated intervals, conveying intelligence of passing events. 4 Op. Attys. Gen. 10. NEXI. Lat. In Roman law. Bound; bound persons. A term applied to such in solvent debtors as were delivered up to their creditors, by whom they might be held in bondage until their debts were discharged. Calvin.; Adams, Bom. Ant. 49. NEXT FRIEND. A person, usually a relative, not appointed by the court, in whose name suit is brought by an infant, married woman, or other person not sui juris. NEXT OF KIN. In the law of de scent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is, those who are most

NEW ASSIGNMENT. Under the com mon law practice, where the declaration in an action is ambiguous, and the defendant pleads facts which are literally an answer to It, but not to the real claim set up by the plaintiff, the plaintiff's course is to reply by way of new assignment; i. e., allege that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea has no application. 3 Steph. Comm. 507; Sweet. N E W FOB, OLD. In making an ad justment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance. 3 Kent, Comm. 339. NEW INN. An inn of chancery. See IHNS OF CBANOEBY. N E W MATTER. In pleading. Mat ter of fact not previously alleged by either party in the pleadings. NEW PROMISE. An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognizes and revives such former promise and engages to fulfill it. NEW STYLE. The modern system of computing time was introduced into Great Britain A. D. 1752, the 3d of September of that year being reckoned as the 14th. NEW TRIAL. A new trial is a re-ex mination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. Code Civil Proc. Cal. § 656. A new trial is a re-examination of the is sue in the same court, before another jury, after a verdict has been given. Pen. Code Cal. § 1179. A new trial is a re- examination in the same court of an issue of fact, or some part or portions thereof, after the verdict by a jury, report of a referee, or a decision by the court. Bev. Code Iowa 1880, § 2837. NEW TRIAL PAPER. In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a verdict in place of a nonsuit, or for enteiing judgment non obstante veredicto, or for otherwise varying or setting aside proceedings which have taken place at nisi prius. These are called on for

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