KFLCC Kingdom Law 2nd Ed.

NEMO IN PROPRIA OAUSA

814

NEMO PUNITUR

Nemo in propria causa testis esse deb et. No one ought to be a witness in his own cause. 3 Bl. Comm. 371. Nemo inauditus condemnari debet si non sit contnmaz. No man ought to be condemned without being heard unless he be contumacious. Jenk. Gent. p. 18, case 12, in marg. Nemo jus sibi dicere potest. No one can declare the law for himself. ' No one is entitled to take the law into his own hands. Tray. Lat Max. 366. Nemo militans Deo implicetur sec nlaribns negotiis. No man who is warring for [in the service of] God should be involved in secular matters. Co. Litt 706. A prin ciple of the old law that men of religion were not bound to go in person with the king to war. Nemo patriam in qua natns est exnere, neo ligeantise debitnm ejurare possit. No man can renounce the country in which he was born, nor abjure the obligation of his allegiance. Co. Litt 129a; Broom, Max. 75; Fost. Cr. Law, 184. Nemo plus commodi heredi sno relin quit quam ipse habuit. No one leaves a greater benefit to his heir than he had him self. Dig. 50, 17, 120. Nemo plus juris ad aliunt transferre potest quam ipse babet. No one can transfer more right to another than he has himself. Dig. 50, 17, 54; Broom, Max. 467, 469. Nemo potest contra recordum verin care per patriam. No one can verify by the country against a record. 2 Inst. 380. The issue upon matter of record cannot be to the jury. A maxim of old practice. Nemo potest esse dominus et bseres. No man can be both owner and heir. Hale, Com. Law, c. 7. Nemo potest esse simul actor et ju dex. No one can be at once suitor and judge. Broom, Max. 117. Nemo potest esse tenens et dominus. No man can be both tenant and lord [of the same tenement] Gilb. Ten. 142. Nemo potest facere per alium quod per se non potest. No one can do that by another which he cannot do of himself. Jenk. Cent p. 237, case 14. A rule said to hold in original grants, but not in descents; Nemo nascitur artifex. No one is born an artificer. Co. Litt 97.

as where an office descended to a woman, in which case, v though she could not exercise the office in person, she might by deputy. Id. Nemo potest facere per obliquum quod non potest facere per directum. No man can do that indirectly which he cannot do directly. 1 Eden, 512. Nemo potest mutare consilium suum in alterius injuriam. No man can change his purpose to another's injury. Dig. 50, 17, 75; Broom, Max. 34. Nemo potest plus juris ad alium transferre quam ipse babet. Co. Litt 309; Wing. Max. 56. No one can transfer a greater right to another than he himself has. Nemo potest sibi debere. No one can owe to himself. Nemo prsesens nisi intelligat. One is not present unless he understands. Nemo prsesumitur alienam posterita tem suae prsetulisse. No man is presumed to have preferred another's posterity to hia own. Wing. Max. p. 285, max. 79. Nemo prsesumitur donare. No one is presumed to give. Haren v. Foster, 9 Pick. (Mass.) 128, 19 Am. Dec. 353. Nemo prsesumitur esse immemor suae seternse salutis, et maxime in articulo mortis. 6 Coke, 76. No one is presum ed to be forgetful of his own eternal wel fare, and particularly at the point of death. Nemo prsesumitur ludere in extremis. No one is presumed to trifle at the point of death. Nemo prsesumitur mains. No one is presumed to be bad. Nemo probibetur plures negotiationes sive artes exercere. No one is prohibited from following several kinds of business or several arts. 11 Coke, 54a. The common law doth not prohibit any person from using several arts or mysteries at his pleasure. Id. Nemo probibetur pluribus defension ibus uti. Co. Litt. 304a. No one is pro hibited from making use of several defenses. prseterita revocentur, sed ut futura prsevenian tur. No wise man punishes in order that past things may be recalled, but that future wrongs may be prevented. 2 Bulst. 173. Nemo punitur pro alieno delicto. Wing. Max. 336. No one is punished for another's wrong. Nemo prudens punit ut