Blacks Law Dict. 1st ed

NON SUM INFORAtATUS

NON POTEST VIDERI, ETC.

825

idence; in which case he is to be discharged. Reg. Orig. 58. Non respondebit minor nisi in causa dotis, et hoc pro favore doti. 4 Coke, 71. A minor shall not answer unless in a case of dower, and this in favor of dower. NON SANJB MENTIS. Lat. Of un sound mind. Fleta, lib. 6, c. 40, § 1. NON-SANE. As "sane," when applied to the mind, means whole, sound, in a health ful state, "non-sane" must mean not whole, not sound, not in a healthful state; that is, broken, impaired, shattered, infirm, weak, diseased, unable, either from nature or acci dent, to perform the rational functions com mon to man upon the objects presented to it. 5 N. J. Law, 589,661. NON-SANE MEMORY, memory; unsound mind. Unsound NON SEQUITUR. Lat. It does not follow. Non solent quse abundant vitiare scripturas. Superfluities [things which abound] do not usually vitiate writings. Dig. 50,17, 94. Non solum quid licet, sed quid est conveniens, est considerandum; quia nihil quod est inconveniens est licitum. Not only what is lawful, but what is proper or convenient, is to be considered; because nothing that is inconvenient is lawful. Co Litt. 66a. NON SOLVENDO PECUNIAM AD QUAM CLERICUS MULCTATUR PRO NON-RESIDENTIA. A writ prohibiting an ordinary to take a pecuniary mulct imposed on a clerk of the sovereign for non-residence. Reg. Writ. 59. NON SUBMISSIT. Lat. He did not submit. A plea to an action of debt, on a bond to perform an award, to the effect that the defendant did not submit to the arbitia tion. NON SUI JURIS. Lat. Not his own master. The opposite of sui juris, (q. v.) NON SUM INFORMATUS. Lat. I am not informed; I have not been instructed. The name of a species of judgment by de fault, which is entered when the defendant's attorney announces that he is not informed of any answer to be given by him; usually in pursuance of a previous arrangement be tween the parties.

load a subject with imposition against his consent. 2 Inst. 61. Non potest videri desisse liabere qui nunquam habuit. He cannot be considered as having ceased to have a thing who never had it. Dig. 50, 17, 208. NON PROSEQTJITUR. Lat. If, in the proceedings in an action at law, the plain tiff neglects, to take any of those steps which he ought to take within the time prescribed by the practice of the couit for that purpose, the defendant may enter judgment of non pros. against him, whereby it is adjudged that the plaintiff does not follow up {non prosequitur) his suit as he ought to do, and therefore the defendant ought to have judgment against him. Smith, Act. 96. NON QUIETA MOVERE. Lat. Not to disturb what is settled. A rule express ing the same principle as that of stare decisis, (q.V.) Non quod dictum est, sed quod factum est inspicitur. Not what is said, but what is done, is regarded. Co. Litt. 36a. Non refert an quis assensum suum praefert verbis, aut rebus ipsis et faetis. 10 Coke, 52. It matters not whether a man gives his assent by his words or by his acts and deeds. Non refert quid ex eequipollentibus flat. 5 Coke, 122. It matters not which of ftwo] equivalents happen. Non refert quid notum sit judici, si notum non sit in forma judicii. It mat ters not what is known to a judge, if it be not known in judicial form. 3 Bulst. 115. A leading maxim of modern law and prac tice. Best, Ev. Introd. 81, § 38. Non refert verbis an faetis fit revo catio. Cro. Car. 49. It matters not whether a revocation is made by words or deeds. NON-RESIDENCE. Residence beyond the limits of the particular jurisdiction. In ecclesiastical law. The absence of spiritual persons from their benefices. NON-RESIDENT. One who is not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum. NON-RESIDENTIO PRO CLERICO REGIS. A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his non-res

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