Blacks Law Dict. 1st ed

NON-SUMMONS, ETC.

826

NONJE ET DECIMM

NON VALENTIA AGERE. Inability to sue. 5 Bell, App. Cas. 172. Non valet oonflrmatio, nisi ille, qui conflrmat, sit in possessione rei vel ju ris undo fieri debet confirmatio; et eo dem modo, nisi ille cui confirmatio fit sit in possessione. Go. Litt. 295. Con firmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be made, and, in like manner, unless he to whom confirmation is made is in possession. Non valet exceptio ejusdem rei cujus petitur dissolutio. A plea of the same matter the dissolution of which is sought, is not valid. Called a "maxim of law and com mon sense." 2 Eden, 134. Non valet impedimentum quod de jure non sortitur efiectum. 4 Coke, 31a. An impediment which does not derive its ef fect from law is of no force. Non verbis, sed ipsis rebus, leges im ponimus. Cod. 6, 43, 2. We impose laws, not upon words, but upon things themselves. Non videntur qui errant consentire. They are not considered to consent who commit a mistake. Dig. 50, 17, 116, § 2; Broom, Max. 262. Non videtur consensum retinuisse si quis ex prsescripto minantis aliquid immutavit. He does not appear to have re tained consent, who has changed anything through menaces. Broom, Max. 278. Non videtur perfecte cujusque id esse, quod ex casu auferri potest. That does not seem to be completely one's own which can be taken from him on occasion. Dig. 50, 17, 139, 1. Non videtur quisquam id capere quod ei necesse est alii restitutere. Dig. 50, 17, 51. No one is considered entitled to re cover that which he must give up to another. Non videtur vim facere, qui jure suo utitur et ordinaria actione experitur. He is not deemed to use force who exercises his own right, and proceeds by ordinary ac tion. Dig. 50, 17, 155, h NON2E ET DECIM.3!. Payments made to the church, by those who were tenants of church-farms. The first was a rent or duty for things belonging to husbandry; the sec ond was claimed in right of the church, Wharton.

NON-SUMMONS, WAGER OF LAW Or. The mode in which a tenant or defend ant in a real action pleaded, when the sum mons which followed the original was not served within the proper time. Won temere credere est nervus sapi entise. 5 Coke, 114. Not to believe rashly is the nerve of wisdom. WON TENENT INSIMUL. Lat. In pleading. A plea to an action in partition, by which the defendant denies that he and the plaintiff are joint tenants of the estate in question. NON TENUIT. Lat. Hedid not hold. This is the name of a plea in bar in replevin, by which the plaintiff alleges that he did not hold in manner and form as averred, being given in answer to an avowry for rent in ar rear. See Bosc. Keal Act. 638. NON-TENURE. A plea, in a real action, by which the defendant asseits, either as to the whole or as to some part of the land men tioned in the plaintiff's declaration, that he does not hold it Pub. St. Mass. 1882, p. 3293. NON-TERM. The vacation between two terms of a court. NON-TERMINUS. The vacation be tween term and term, formerly called the time or days of the king's peace. NON-USER. Neglect to use. Neglect to use a franchise; neglect to exercise an of fice. 2 Bl. Comm. 153. Neglect or omis sion to use an easement or other right. 3 Kent, Comm. 448. A right acquired by use may be lost by non-user. NON USURPAVIT. Lat. He has not usurped. A form of traverse, in an action or proceeding against one alleged to have usurped an office or franchise, denying the usurpation charged. See 53 Pa. St. 62. Non valebit felonis generatio, neo ad heereditatem paternam vel maternam; si autem ante feloniam generationem fecerit, talis generatio succedit in hsere ditate patris vel matris a quo non fu erit felonia perpetrata. 3 Coke, 41. The offspring of a felon cannot succeed either to a maternal or paternal inheritance; but, if he had offspring before the felony, such off spring may succeed as to the inheritance of the father or mother by whom the felony was not committed.

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