Blacks Law Dict. 1st ed

NISI PRIUS CLAUSE

817

NOLENS YOLENS

utory 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, authorizing the trial of the cause at nisi prius in the particular county desig nated. It was first used by way of continu ance. NISI PRIUS ROLL. In practice. The roll or record containing the pleadings, issue, and jury 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 pur suance of the statute of Westminster 2, con tained the nisi prius clause. Reg. Jud. 28, 75; CowelL NIVICOLLINI BRITONES. In old English law. "Welshmen, because they live near high mountains covered with snow. Du Cange. NO AWARD. The name of a plea in an action on an award, by which the defendant traverses the allegation that an award was made. NO BILL. This phrase, when indorsed by a grand jury on an indictment, is equiva lent to "not found," "not a true bill," or "ignoramus." NO FUNDS. This term denotes a lack of assets or money for a specific use. It is the return made by a bank to a check drawn upon it by a person who has no deposit to his credit there; also by an executor, trus tee, etc., who has no assets for the specific purpose. NO GOODS. This is the English equiva lent of the Latin term "mdla bona," being the form of the return made by a sheriff or constable, charged with an execution, when he has found no property of the debtor on which to levy. No man can hold the same land im mediately of two several landlords. Co. Litt. 152. No man is presumed to do anything against nature. 22 Yin. Abr. 154. No man shall set up his infamy as a defense. 2 W. Bl. 364. No one can grant or convey what he does not own. 25 Barb. 284,301. See AM. DICT. LAW—52

20 Wend. 267; 23 N. Y. 252; 13 N. Y. 121; 6 Duer, 232. NOBILE OFFICTUM. In Scotch law. An equitable power of the court of session, to give relief when none is possible at law. Ersk. Inst. 1, 3, 22; Bell. Nobiles magis plectuntur pecunia; plebes vero in corpore. 3 Inst. 220. The higher classes are more punished in money; but the lower in person. Nobiles sunt, qui arma gentilitia an* teeessorum suorum proferre possunt. 2 Inst. 595. The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors. Nobiliores et benigniores prsesump tiones in dubiis sunt prseferendse. In cases of doubt, the more generous and more benign presumptions are to be preferred. A civil-law maxim. Nobilitas est duplex, superior et in ferior. 2 Inst. 583. There are two sorts of nobility, the higher and the lower. NOBILITY. In English law. A divis ion of the people, comprehending dukes, mar quises, earls, viscounts, and barons. These had anciently duties annexed to their re spective honors. They are created either by writ, i. e., by royal summons to attend the house of peers, or by letters patent, i. e., by royal grant of any dignity and degree of peeiage; and they enjoy many privileges, ex clusive of their senatorial capacity. 1 Bl. Comm. 396. N O C E N T. From Latin " nocere." Guilty. " The noeent person." 1 Yern. 429. NOCTANTER. By night. An abol ished writ which issued out of chancery, and returned to the queen's bench, for the pros tration of inclosures, etc. NOCTES and NOCTEM DE FIRMA. Entertainment of meat and drink for so many nights. Domesday. NOOUMENTUM. Lat. In old English law. A nuisance. Ifocumentum damno sum, a nuisance occasioning loss or damage. Nocumentum injuriosum, an injurious nui sance. For the latter only a remedy was given. Bract, fol. 221. NOLENS VOLENS. Lat. Whethei willing or unwilling; consenting or not.

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