KFLCC Kingdom Law 2nd Ed.

NETHER HOUSE

NEMO PUNITUR SINE INJURIA

815

Nemo punitur sine injuria, faeto, sen defalta. No one is punished unless for some wrong, act, or default. 2 Inst 287. Nemo qui condemnare potest, ab solvere non potest. No one who may con demn is unable to acquit. Dig. 50, 17, 37. Nemo sibi esse judex; vel snis jns dicere debet. No one ( ought to be his own judge, or the tribunal in his own affairs. Broom, Max. 116, 121. See L. R. 1 C. P. 722, 747. Nemo sine aetione experitur, et boo non sine breve sive libello conventional!. No one goes to law without an action, and no one can bring an action without a writ or bill. Bract, fol. 112. Nemo tenetnr ad impossibile. No one is bound to an impossibility. Jenk. Gent 7; Broom, Max. 244. Nemo tenetnr armare adVersarium eontra se. Wing. Max. 665. No one is bound to arm his adversary against himself. Nemo tenetnr divinare. No man is bound to divine, or to have foreknowledge of, a future event 10 Coke, 55a. Nemo tenetnr edere instrnmenta con tra se. No man is bound to produce writ ings against himself. A rule of the Roman law, adhered to in criminal prosecutions, but departed from in civil questions. Bell. Nemo tenetnr inf ormare qui nescit, sed qnisquis seire quod informat. Branch, Princ. No one is bound to give information about things he is ignorant of, but every one is bound to know that which he gives in formation about Nemo tenetnr jurare in suam turpi tudinem. No one is bound to swear to the fact of his own criminality; no one can be forced to give his own oath in evidence of his guilt Bell; Halk. 100. Nemo tenetnr prodere seipsum. No one is bound to betray himself. In other words, no one can be compelled to criminate himself. Broom, Max. 968. Nemo tenetnr seipsum accusare. Wing. Max. 486. No one is bound to accuse him self. Nemo tenetnr seipsum infortnniis et perienlis exponere. No one is bound to expose himself to misfortunes and dangers. Co. Litt. 2536. Nemo nnqnam judieet in se. No one can ever be a judge in his own cause. Nemo nnqnam vir magnus fuit, sine aliqno divino afflatu. No one was ever a great man without some divine inspiration. Cicero.

Nemo videtur fraudare eos qui sciunt et eonsentiunt. No one seems [is supposed] to defraud those who know and assent [to his acts.] Dig. 50, 17, 145.

NEMY.

L. Fr. Not Litt § 3.

NEPHEW. The son of a brother or sister. But the term, as used in wills and other documents, may include the children of half brothers and sisters and also grand nephews, if such be the apparent intention, but not the nephew of a husband or wife, and not (presumptively) a nephew who is illegitimate. See Shephard v. Shephard, 57 Conn. 24, 17 Atl. 173; Lyon v. Lyon, 88 Me. 395, 34 Atl. 180; Brower v. Bowers, i Abb. Dec. (N. Y.) 214; Green's Appeal, 42 Pa. 25.

NEFOS.

Lat A grandson.

NEPTIS.

Lat. A granddaughter.

NEPUOY.

In Scotch law. A grandson.

Skene.

NET. Clear of anything extraneous; with all deductions, such as charges, expenses, discounts, commissions, taxes, etc.; free from expenses. St. John v. Erie R. Co., 22 Wall. 148, 22 L. Ed. 743; Scott v. Hartley, 126 Ind. 239, 25 N. E. 826; Gibbs v. People's Nat. Bank, 198 111. 307, 64 N. E. 1060. —Net balance. The proceeds of sale, after deducting expenses. Evans v. Wain, 71 Pa. 69.— Net earnings. See EABNINGS.— Net in come. The profit or income accruing from a business, fund, estate, etc., after deducting all necessary charges and expenses of every kind. Jones & Nimick Mfg. Co. v. Com., 69 Pa. 137; In re Young, 15 App. Div. 285, 44 N. Y. Supp. 585; Fickett v. Cohn (Com. PI.) 1 N. Y. Supp. 436.— Net premium. In the busi ness of life insurance, this term is used to designate that portion of the premium which is intended to meet the cost of the insurance, both current and future; its amount is cal culated upon the basis of the mortality tables and upon the assumption that the company will receive a certain rate of interest upon all its assets; it does not include the entire premium paid by the assured, but does include a certain sum for expenses. Fuller v. Metropolitan L. Ins. Co., 70 Conn. 647, 41 Atl. 4.— Net price. The lowest price, after deducting all discounts. —Net profits. This term does not mean what is made over the losses, expenses, and interest on the amount invested. It includes the gain that accrues on the investment, after deducting simply the losses and expenses of the business. Tutt v. Land, 50 Ga. 350.— Net tonnage. The net tonnage of a vessel is the difference between the entire cubic contents of the interior of the A^essel numbered in tons and the space occupied by the crew and by propelling machinery. The Thomas Melville, 62 Fed. 749, 10 C. C. A. 619. —Net weight. The weight of an article or collection of articles, after deducting from the gross weight the weight of the boxes, coverings, casks, etc., containing the same. The' weight of an animal dressed for sale, after rejecting hide, offal, etc. NETHER HOUSE OF PARLIAMENT. A name given to the English house of com mons in the time of Henry VIIL