Blacks Law Dict. 1st ed

NULLUS DICITUB, ETC.

835

NUNTIUS

NUNCIUS. In international law. A messenger; a minister; the pope's legate* commonly called a "nuncio." NUNCUPARE. Lat. In the civil law. To name; to pronounce orally or in words without writing. NUNCUPATE. To declare publicly and solemnly. NUNCUPATIVE WILL. A will wMch depends merely upon oral evidence, having been declared or dictated by the testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing. NUNDIN.3:. Lat. In the civil and old English law. A fair. In nundinis et mer catis, in fairs and markets. Bract, fol. 56. NUNDINATION. Traffic at fairs and markets; any buying and selling. Nunquam crescit ex postfaoto prt&- teriti delicti sestimatio. The character of a past offense is never aggravated by a sub sequent act or matter. Dig. 50, 17, 139, 1; Bac. Max. p. 38, reg. 8; Broom, Max. 42. Nunquam decurritur ad extraordina rium sed ubi deficit ordinarium. We are never to resort to what is extraordinary, but [until] what is ordinary fails. 4 Inst. 84. Nunquam fiotio sine lego. There is n« fiction without law. NUNQUAM INDEBITATUS. Lat Never indebted. The name of a plea in an action of indebitatus assumpsit, by which the defendant alleges that he is not indebted to the plaintiff. Nunquam nimis dicitur quod nun quam satis dicitur. What is never suffi ciently said is never said too much. Co. Litt 375. Nunquam preescribitur in falso. There is never a prescription in case of false hood or forgery. A maxim in Scotch law. Bell. Nunquam res humanre prospere suo cedunt ubi negliguntur divines. Co. Litt 15. Human things never prosper where di vine things are neglected. NUNTIUS. In old English practice. A messenger. One who was sent to make an

comfortavit. S Inst. 1S8. No one is called an "accessary" after the fact but he who knew the principal to have committed a fel ony, and received and comforted him. Nnllus dicitur felo principals nisi actor, aut qul prsesens est, abettans aut auxilians ad feloniam faciendam. No one is called a "principal felon" except the party actually committing the felony, or the party present aiding and abetting in its com mission. Nullus idoneus testia in re sua intel ligitur. No person is understood to be a competent witness in his own cause. Dig. 22, 5,10. Nullus jus alienum forisfacere potest. No man can forfeit another's right. Fleta, lib. 1, c. 28, § 11. Nullus recedat e curia oancellaria sine remedio. No person should depart from the court of chancery without a rem edy. 4 Hen. VIL 4; Branch, Princ. Nullus simile est idem, nisi quatuor pedibus currit. No like is exactly identical unless it runs on all fours. Nullus videtur dolo facere qui suo jure utitur. No one is considered to act with guile who uses his own right. Dig. 50, 17, 55; Broom, Max. 130. NUMERATA PECUNIA. In the civil law Money told or counted; money paid by tale. Inst. 8, 24, 2; Bract, fol. 35. NUMMATA. The price of anything in money, as denariata is the price of a thing by computation of pence* and librata of pounds. NUMMATA TERRE. An acre of land. Spelman. NTJNC PRO TUNC. Lat. Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i. e., with the same effect as if regularly done. NUNCIATIO. In the civil law. A sol emn declaration, usually in prohibition of a thing; a protest. NUNCIO. The permanent official repre sentative of the pope at a foreign court or seat of government. Webster. They are called "ordinary" or "extraordinary," accord ing as they are sent for general purposes or on a special mission.

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