Blacks Law Dict. 1st ed

NON FOTEST, ETC.

824

NON MOLESTANDO

is honorable. Dig. 50,17,144; 4 Johns. Go. 121. Non omnium quae a majoribus nos tris constituta sunt ratio reddi potest. There cannot be given a reason for all the things which have been established by our ancestors. Branch, Princ; 4 Coke { 78; Broom, Max. 157. NON-PAYMENT. The neglect, failure, or refusal of payment of a debt or evidence of debt when due. NON-PERFORMANCE. Neglect, fail ure, or refusal to do or perform an act stipu lated to be done. Failure to keep the terms of a contract or covenant, in respect to acts or doings agreed upon. Non pertinet ad judicem seeularem cognoscere de iis quse sunt mere spi ritualia annexa. 2 Inst. 438. It belongs not to the secular judge to take cognizance of things which are merely spiritual. NON-PLEVIN. In old English law. De fault in not replevying land in due time, when the same was taken by the king upon a de fault. The consequence thereof (loss of seis in) was abrogated by St. 9 Edw. III. c. 2. NON PONENDIS IN ASSISIS ET JUBATIS. A writ formerly granted for freeing and discharging persons from serv ing on assizes and juries. Fitzh. Nat. Brev. 165. Non possessori incumbit necessitas probandi possessiones ad se pertinere. A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714. Non potest adduci exceptio ejus rei cujus petitur dissolutio. An exception of the same thing whose avoidance is sought cannot be made. Broom, Max. 166. Non potest probari quod probatum non relevat. 1 Exch. 91,92. That cannot be proved which, if proved, is immaterial. Non potest quis sine brevi agere. No one can sue without a writ. Fleta, lib. 2, c 13, § 4. A fundamental rule of old practice. Non potest rex gratiam facere cum injuria et damno aliorum. The king can not confer a favor on one subject which oc casions injury and loss to others. 3 Inst. 236; Broom, Max. 63. Non potest rex subditum renitentem onerare impositionibus. The king cannot

NON MOLESTANDO. A writ that lay for a person who was molested contrary to the king's protection granted to him. Beg. Orig. 184. Non nasci, et natum mori, paria aunt. Not to be born, and to be dead-born, are the same. NOW-NEGOTIABLE. Not negotiable; not capable of passing title or property by in dorsement and delivery. Non obligat lex nisi promulgata. A law is not obligatory unless it be promul gated. Non observata forma, infertur adnul latio actus. Where form is not observed, an annulling of the act is inferred or follows. 12 Coke, 7. NON OBSTANTE. Lat. Notwith standing. Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Burrill. A clause frequent in old English statutes and letters patent, (so termed from its initial words,) importing a license from the crown to do a thing which otherwise a person would be restrained by act of parliament from do ing. Crabb, Com. Law, 570; Plowd. 501; Co well. A power in the crown to dispense with the laws in any particular case. This was abol ished by the bill of rights at the Revolution. 1 Bl. Comm. 342. NON OBSTANTE VEBEDICTO. Notwithstanding the verdict. A judgment entered by order of court for the plaintiff, al though there has been a verdict for the de fendant, is so called. Non officit conatus nisi sequatur ef fectus. An attempt does not harm unless a consequence follow. 11 Coke, 98. NON OMITTA.S. A clause usually in serted in writs of execution, in England, di recting the sheriff "not to omit" to execute the writ by reason of any liberty, because there are many liberties or districts in which the sheriff has no power to execute process unless he has special authority. 2 Steph. Comm. 630. Non omne damnum inducit injuriam. It is not every loss that produces an injury. Bract, fol. 456. Non omne quod licet honestum est. It is not everything which is permitted that

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