KFLCC Kingdom Law 2nd Ed.

817

NIGHT

NEXI

not levy, and as to which he returned nil. These sums were transcribed once a year by the clerk of the nichills, and sent to the treasurer's remembrancer's office, whence pro cess was issued to recover the "nichill" debts. Both of these offices were abolished in 1833. Mozley & Whitley. NICKNAME. A short name; one nicked or cut off for the sake of brevity, without conveying an idea of opprobrium, and fre quently evincing the strongest affection or the most perfect familiarity. North Caro lina Inst. v. Norwood, 45 N. C. 74. NIDERLING, NIDERING, or NITH ING. A vile, base person, or sluggard; chicken-hearted. Spelman. NIECE. The daughter of one's brother or sister. Ambl. 514. See NEPHEW. NIEFE. In old English law. A woman born in vassalage; a bondwoman. L. Fr. Nothing; not. —Nient comprise. Not comprised; not in cluded. An exception taken to a petition be cause the thing desired is not contained in that deed or proceeding whereon the petition is founded. Tomlins.—Nient culpable. Not guilty. The name in law French of the general issue in tort or in a criminal action.—Nient dedire. To say nothing; to deny nothing; to suffer judgment by default.— Nient le fait. In pleading. Not the deed; not his deed. The same as the plea of non est factum.—JSient seisi. In old pleading. Not seised. The gen eral plea in the writ of annuity. Crabb, Eng. Law, 424. NIGER USER. The black book or reg ister in the exchequer; chartularies of ab beys, cathedrals, etc. NIGHT. As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, if there be daylight, or crepusculum, enough begun or left to discern a man's face, that is con sidered day; and night is when it is so dark that the countenance of a man cannot be dis cerned. 1 Hale, P. C. 350. However, the limit of 9 P. M. to 6 A. M. has been fixed by statute, in England, as the period of night, in prosecutions for burglary and larceny. St. 24 & 25 Vict. c. 96, § 1; Brown. In Amer ican law, the common-law definition Is still adhered to in some states, but in others "night" has been defined by statute as the period between sunset and sunrise. —Night magistrate. A constable of the night; the head of a watch-house.—Night walkers. Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night. Persons who prowl about at night, and are of a suspicious appearance and behavior. Persons whose habit is to be abroad at night for the purpose of committing some crime or nuisance or mischief or disturbing the peace; not now generally subject to the criminal laws except in respect to misdemeanors actually committed, or in the character of vagrants or suspicious persons. See Thomas v. State, 55 NIENT.

empowered by them, in which the public acts, resolves, advertisements, and notices are requir ed to be published. Albany County v. Chaplin, 5 Wyo. 74, 37 Pac. 370. NEXI. Lat: In Roman law. Bound; bound persons. A term applied to such in solvent debtors as were delivered up to their creditors, by whom they might be held in bondage until their debts were discharged. Calvin.; Adams, Rom. Ant. 49. NEXT. Nearest; closest; immediately following. See Green v. McLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 106 Ala. 633, 17 South. 704. —Next devisee. By the term "first devisee" is understood the person to whom the estate is first given by the will, while the term "next devisee" refers to the person to whom the re mainder is given. Young v. Robinson, 5 N. J. Law, 689.—Next friend. The legal designa tion of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a relative. Strictly speak ing, a next friend (or "prochein amy'') is not appointed by the court to bring or maintain the suit, but is simply one who volunteers for that purpose, and is merely admitted or permitted to sue in behalf of the infant; but the practice of suing by a next friend has now been almost en tirely superseded by the practice of appointing a guardian ad litem. See McKinney v. Jones, 55 Wis. 39, 11 N. W. 606; Guild v. Cranston, 8 Cush. (Mass.) 506; Tucker v. Dabbs, 12 Heisk. (Tenn.) 18; Leopold v. Meyer, 10 Abb. Prac. (N. Y.) 40.—Next of kin. In the law of descent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is, those who are most nearly re lated to him by blood; but it is sometimes con strued to mean only those who are entitled to take under the statute of distributions, and sometimes to include other persons. 2 Story. Eq. Jur. § 1065ft. The words "next of kin,'* used simplioiter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate according to the statute of distri butions, including those claiming per stirpes or by representation. Slosson v. Lynch, 43 Barb. (N. Y.) 147.—Next presentation. In the law of advowsons. The right of next presentation is the right to present to the first vacancy of a benefice. seems to have been a species of formal contract, involving a loan of money, and attended with peculiar conse quences, solemnized with the "copper and bal ance." Later, It appears to have been used as a general term for any contract struck with those ceremonies, and hence to have included the special form of conveyance called "mancipatio." In a general sense it means the obligation or bond between con tracting parties. See Maine, Anc. Law, 305, et seq.; Hadl. Rom. Law, 247. In Roman law, this word expressed the tie •r obligation involved in the old conveyance by mancipatio; and came latterly to be used inter changeably with (but less frequently than) the word "obliffatio" itself. Brown. NICHUXS. In English practice. Debts due to the exchequer which the sheriff could BL.LAW DTCT.(2D E©.)—62 NEXUM. Lat. In Roman law. In an cient times the nexum