Blacks Law Dict. 1st ed

NOMINAL PLAINTIFF

NON ACCEPTAVIT

819

•r who allows his name to appear in the style of the firm or to be used in its business, in the character of a partner, but who has no actual interest in thefirmor business. Story, Partn. § 80. NOMINAL PLAINTIFF. One who has no interest in the subject-matter of the action, having assigned the same to another, (the real plaintiff in interest, or " use plain tiff,") but who must be joined as plaintiff, because, under technical rules of practice, the suit cannot be brought directly in the name of the assignee. NOMINATE. To propose for an appoin t ment; to designate for an office, a privilege* a living, etc. NOMINATE CONTRACTS. In the civil law. Contracts having a proper or pecul iar name and form, and which were divided into four kinds, expressive of the ways in which they were formed, viz.: (1) Heal, which arose ex re, from something done; (2) verbal, ex verbis, from something said; (3) literal, ex literit, from something written; and (4) consensual, ex consensu, from some thing agreed to. Calvin. NOMINATIM. By name; expressed one by one. NOMINATING AND REDUCING. A mode of obtaining a panel of special jurors in England, from which to select the jury to try a particular action. The proceeding takes place before the under-sheriff or secondary, and in the presence of the parties' solicitors. Numbers denoting the persons on the sheriff's list are put into a box and drawn until forty eight unchallenged persons have been nomi nated. Each party strikes off twelve, and the remaining twenty-four are returned as the "panel," (q. v.) This practice is now only employed by order of the court or judge. (Sm. Ac. 130; Juries Act 1870, § 17.) Sweet. NOMINATION. An appointment or designation of a person to fill an office or dis charge a duty. The act of suggesting or pro posing a person by name at a candidate for an office. NOMINATION TO A LIVING. In English ecclesiastical law. The rights of nominating and of presenting to a living are distinct, and may reside in different persons. Presentation is the offering a clerk to the bishop. Nomination is the offering a clerk to the person who has the right of present ation. Brown.

NOMINATIVUS PENDENS. Lat. A nominative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of a deed inter partes, "This indent ure," etc., down to "whereas," though an intelligible and convenient part of the deed, are of this kind. Wharton. NOMINE. Lat. By name; by the name of; under the name or designation of. NOMINE PGEN-SJ. In the name of a penalty. In the civil law, a legacy was said to be left nomine pcence where it was left for the purpose of coercing the heir to do or not to do something. Inst. 2, 20, 36. The term has also been applied, in English law, to some kinds of covenants, such as a covenant inserted in a lease that the lessee shall forfeit a certain sum on non-payment of rent, or on doing certain things, as plow ing up ancient meadow, and the like. 1 Crabb, Real Prop. p. 171, § 155. NOMINEE. One who has been nominat ed or proposed for an office. NOMOCANON. (1) A collection of can ons and imperial laws relative or conformable thereto. The first nomocanon was made by Johannes Scholasticus in 554. Photius, pa triarch of Constantinople, in 883, compiled another nomocanon, or collation of the civil laws with the canons; this is the most cele brated. Balsamon wrote a commentary up on it in 1180. (2) A collection of the ancient canons of the apostles, councils, and fathers, without any regard to imperial constitutions. Such is the nomocanon by M. Cotelier. Enc. Lond. NOMOGRAPHER. One who writes on the subject of laws. NOMOGRAPHY. A treatise or descrip tion of laws. NOMOTHETA. A lawgiver; such as Solon and Lycurgus among the Greeks, and Caesar, Pompey, and Sylla among the Romans. Calvin. NON. Lat. Not The common particle of negation. NON-ABILITY. Want of ability to do an act in law, as to sue. A plea founded up on such cause. Cowell. NON-ACCEPTANCE. The refusal to accept anything. NON ACCEPTAVIT. In pleading. The name of a plea to an action of assumpsii

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