Blacks Law Dict. 1st ed

NON FECIT, ETC.

822

DIMISIT

things do not differ which agree in substance, though not in the same words. Jenk. Cent. p. 70, case 32. WON DIMISIT. L. Lat. He did not de mise. A plea resorted to where a plaintiff declared upon a demise without stating the in denture in an action of debt for rent. Also, a plea in bar, in replevin, to an avowry for ar rears of rent, that the avowant did not demise. NON-DIRECTION. Omission on the part of a judge to properly instruct the jury upon a necessary conclusion of law. NON DISTBINGENDO. A writ not to distrain. Non dubitatur, etsi specialiter vendi tor evictionem non promiserit, re evic ta, ex empto eompetere aetionem. It is certain that, although the vendor has not given a special guaranty, an action ex empto lies against him, if the purchaser is evicted. Code, 8, 45, 6; Broom, Max. 768. Non efficit affeetus nisi sequatur ef fectus. The intention amounts to nothing unless the effect follow. 1 Rolle, 226. Non erit alia lex Romse, alia Athaenis; alia nunc, alia posthac; sed et omnes gentes, et omni tempore, una lex, et sempiterna, et immortalis continebit. There will not be one law at Rome, another at Athens; one law now, another hereafter; but one eternal and immoital law shall bind together all nations throughout all time. Cic. Frag, de Repub. lib. 3; 3Kent, Comm. 1. Non est arctius vinculum inter hom ines quam jusjurandum. There is no closer [or firmer] bond between men than an oath. Jenk. Cent. p. 126, case 54. Non est certandum de regulis juris. There is no disputing about rules of law. Non est consonum rationi, quod cog nitio accessorii in curia christianitatis impediatur, ubi cognitio eausse princi palis ad forum ecclesiasticum noscitur pertinere. 12 Coke, 65. It is unreasonable that the cognizance of an accessory matter should be impeded in an ecclesiastical court, when the cognizance of the principal cause is admitted to appertain to an ecclesiastical court. Non est disputandum contra prin cipia negantem. Co. Litt. 343. We can not dispute against a man who denies first principles.

NOW EST FACTTTM. Lat. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant. It denies that the deed mentioned in the declara tion is the defendant's deed. Under this, the defendant may contend at the trial that the deed was never executed in point of fact; but he cannot deny its validity in point of law. Wharton. The plea of non est factum is a denial of the execution of the instrument sued upon, and applies to notes or other instruments, as well as deeds, and applies only when the ex ecution of the instrument is alleged to be the act of the party filing the plea, or adopted by him. Code Ga. 1882, § 3472. NON EST INVENTTJS. Lat. He is not found. The sheriff's return to process re quiring him to arrest the body of the defend ant, when the latter is not found within hia jurisdiction. It is often abbreviated "n. e. i.," or written, in English, "not found." Non est justum aliquem antenatum post mortem facere bastardum qui toto tempore vitse suse pro legitimo habe batur. It is not just to make an elder-born a bastard after his death, who during his life time was accounted legitimate. 12 Coke, 44. Non est novum ut priores leges ad posteriores trahantur. It is no new thing that prior statutes should give place to later ones. Dig. 1, 3, 36; Broom, Max. 28. Non est regula quin fallet. There is no rule but what may fail. Off. Exec. 212. Non est singulis concedendum, quod per magistratum publioe possit fieri, ne occasio sit majoris tumultus faciendi. That is not to be conceded to private persons which can be publicly done by the magistrate, lest it be the occasion of greater tumults. Dig. 50, 17, 176. Non ex opinionibus singulorum, sed ex communi usi, noxnina exaudiri de bent. The names of things ought to be un derstood, not according to the opinions of in dividuals, but according to common usage. Dig. 33, 10, 7, 2. Non facias malum, ut inde flat bonum. You are not to do evil, that good may be or result therefrom. 11 Coke, 74a/ 5 Coke, 306. NON FECIT. Lat. He did not make it. A plea in an action of assumpsit on a promissory note. 3 Man. & G. 446. NON FECIT VASTUM CONTRA FROHIBITIONEM. He did not commit

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