Blacks Law Dict. 1st ed

NON COMPOS MENTIS

NON-ACCESS

820

the entire subscription of one hundred per cent, shall have been paid. 91 U. S. 45. NON-ASSUMPSIT. The general issue in the action of assumpsit; being a plea by which the defendant avers that "he did not undertake" or promise as alleged. NON-ASSUMPSIT INFRA SEX AN NOS. He did not undertake within six years. The name of the plea of the statute of limitations, in the action of assumpsit. Non auditur perire volens. He who is desirous to perish is not heard. Best, Ev. 423, § 385. He who confesses himself guilty of a crime, with the view of meeting death, will not be heard. A maxim of the foreign law of evidence. Id. NON-BAILABLE. Not admitting of bail; not requiring bail. NON BIS IN IDEM. Not twice for the same; that is, a man shall not be twice tried for the same crime. This maxim of the civil law (Code, 9, 2, 9, 11) expresses the same principle as the familiar rule of our law that a man shall not be twice "put in jeopardy" for the same offense. NON CEPIT. He did not take. The general issue in replevin, where the action is for the wrongful taking of the property; put ting in issue not only the taking, but the place in which the taking is stated to have been made. Steph. PI. 157, 167. . NON-CLAIM. The omission or neglect of him who ought to claim his right within the time limited by law; as within a year and a day where a continual claim was required, or within five years after a fine had been levied. Termes de la Ley. NON-COMBATANT. A person con nected with an army or navy, but for pur poses other than fighting; such as the sur geons and chaplains. Also a neutial. NON-COMMISSIONED. A non-com missioned officer of the army or militia is a subordinate officer who holds his rank, not by commission from the executive authority of the state or nation, but by appointment by a superior officer. NON COMPOS MENTIS. Lat. Not sound of mind; insane. This is a very gen eral term, embracing all varieties of mental derangement. Coke has enumerated four different olasses of persons who are deemed in law to be non com potes mentis: First, an idiot, or fool natural; sec ond, he who was of good and sound mind and mem

brought against the drawee of a bill of ex change by which he denies that he accepted the same. NON-ACCESS. In legal parlance, this term denotes the absence of opportunities for sexual intercourse between husband and wife; or the absence of such intercourse. Non accipi debent verba in demon strationem falsam, quse competunt in limitationem veram. Words ought not to be taken to import a false demonstration which may have effect by way of true limita tion. Bac. Max. p. 59, reg. 13; Broom, Max. 642. NON ACCREVIT INFRA SEX AN NOS. It did not accrue within six years. The name of a plea by which the defendant sets up the statute of limitations against a cause of action which is barred after six years. NON-ACT. A forbearance from action; the contrary to act. NON-ADMISSION. The refusal of ad mission. "NON-AGE. Lack of requisite legal age. The condition of a person who is under twenty-one years of age, in some cases, and under fourteen or twelve in others; mi nority. Non alio modo puniatur aliquis quam secundum qnod se habet condemnation 3 Inst. 217. A person may not be punished differently than according to what the sen tence enjoins. Non aliter a signiflcatione verborum recedi oportet quam cum manifestum est, aliud sensisse testatorem. We must never depart from the signification of words, unless it is evident that they are not con formable to the will of the testator. Dig. 32, 69, pr.; Broom, Max. 568. NON-APPARENT EASEMENT. A non-continous or discontinuous easement. 18 N. J. Eq. 262. See EASEMENT. NON-APPEARANCE. A failure of ap pearance; the omission of the defendant to appear within the time limited. NON-ASSESSABLE. This word, placed upon a certificate of stock, does not cancel or impair the obligation to pay the amount due upon the shares created by the acceptance and holding of such certificate. At most its legal effect is a stipulation against liability from further assessment or taxation after

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