Blacks Law Dict. 1st ed

NOVATION

NOVUS HOMO

831

obligation; the other to substitute anew one in its place. Civil Code La. art. 2185. The term was originally a technical term of the civil law, but is now in very general use in English and American jurisprudence. In the civil law, there are three kinds of nova tion : (1) Where the debtor and creditor remain the same, but a new debt takes the place of the old one; (2) where the debt remains the same, but a new debtor is substituted; (3) Where the debt and debtor remain, but a new creditor is substituted. 48 Miss. 451. NOVEL ASSIGNMENT. ASSIGNMENT. See NEW NOVEL DISSEISIN. See ASSISE OF NOVEL DISSEISIN. NOVELLJE, (or NOVELLA CON STITUTIONES.) New constitutions; gen erally translated in English, "Novels." The Latin name of those constitutions which were issued by Justinian after the publica tion of his Code; most of them being orig inally written in Greek. After his death, a collection of 168 Novels was made, 154 of which had been issued by Justinian, and the rest by his successors. These were after wards included in the Corpus Juris Civilis, (q. «.,) and now constitute one of its four principal divisions. Mackeld. Bom. Law, ); 1 Kent, Comm. 541. NOVELLiE LEONIS. The ordinances of the Emperor Leo, which were made from the year 887 till the year 893, are so called. These Novels changed many rules of the Jus tinian law. This collection contains 113 Novels, written originally in Greek, and afterwards, in 1560, translated into Latin by Agilaeus. Mackeld. Bom. Law, § 84. NOVELS. The title given in English to the New Constitutions (Novella Constitu tiones) of Justinian and his successors, HOW forming a part of the Corpus Juris Civilis. See NOVELTY. An objection to a patent or claim for a patent on the ground that the invention is not new or original is called an objection "for want of novelty." NOVERCA. Lat. In the civil law. A •tep-mother. NOVEBINT UNIVERSI PER PRiESENTES. Know all men by these presents. Formal words used at the com mencement of deeds of release in the Latin forms. NOVI OPERIS NUNCTATIO. Lat. Denunciation of, or protest against, a new

work. This was a species of remedy in the civil law, available to a person who thought his rights or his property were threatened with injury by the act of his neighbor in erecting or demolishing any structure, (which was called a "new work.") In such ease, he might go upon the ground, while the work was in progress, and publicly protest against or forbid its completion, in the presence of the workmen or of the owner or his repre sentative. NOVIGILD. In Saxon law. A pecuni ary satisfaction for an injury, amounting to nine times the value of the thing for which it was paid. Spelman. NOVISSIMA RECOPILACION. (Lat est Compilation.) The title of a collection of Spanish law compiled by order of Don Carlos IV. in 1805. 1 White, Becop. 355. NOVITAS. Lat. Novelty; newness; a new thing. Novitas non tarn utilitate prodest qnam novitate perturbat. A novelty does not benefit so much by its utility as it disturbs by its novelty. Jenk. Cent. p. 167, case 23. NOVITER PERVENTA, or NOVI TERAD NOTITIAM PERVENTA. In ecclesiastical procedure. Facts "newly come" to the knowledge of a party to a cause. Leave to plead facts noviter perventa is generally given, in a proper case, even after the plead ings are closed. Phillim, Ecc Law, 1257; Bog. Ecc. Law, 723. NOVODAMUS. In old Scotch law. (We give anew.) The name given to a charter, or clause in a charter, granting a renewal of a right. Bell. Novum judicium non dat novum jus, Bed declarat antiquum; quia judioium est juris dictum et per judicium jus est noviter revelatum quod diu fuit vela tum. A new adjudication does not make a new law, but declares the old; because ad judication is the utterance of the law, and by adjudication the law is newly revealed which was for a long time hidden. 10 Coke, 42. NOVUM OPUS. In the civil law. A new work. See Noyi OPERIS NUNCIATIO. NOVUS HOMO. Lat. A new man. This term is applied to a man who has been pardoned of a crime, and so made, as it were, a "new man."

Archive CD Books USA