KFLCC Kingdom Law 2nd Ed.

NO AWARD

820

NOLO CONTENDERE

near high mountains covered with snow. Du Cange. NO AWARD. The name of a plea in an action on an award, by which the defendant traverses the allegation that an award was made. NO BILIi. This phrase, when indorsed by a grand jury on an indictment, is equiva lent to "not found," "not a true bill," or "ig noramus." NO GOODS. This is the English equiva lent of the Latin term "nulla bona," being the form of the return made by a sheriff or constable, charged with an execution, when he has found no property of the debtor on which to levy. No man can hold the same land im mediately of two several landlords. Co. Litt. 152. No man is presumed to do anything against nature. 22 Yin. Abr. 154. No man shall set np his infamy as a defense. 2 W. Bl. 364. No one can grant or convey what he does not own. Seymour v. Canandaigua & N. F. R. Co., 25 Barb. (N. Y.) 284, 30L See Saltus v. Everett, 20 Wend. (N. T.) 267, 32 Am. Dec. 541; Fassett v. Smith, 23 N. T. 252; Brower v. Peabody, 13 N. T. 121; Beav ers v. Lane, 6 Duer (N. Y.) 232. NOBILE OFFICIUM. In Scotch law. An equitable power of the court of session, to give relief when none is possible at law. Ersk. Inst. 1, 3, 22; Bell. Nobiles magis plectuntur pecnnia; plebes vero in corpore. 3 Inst. 220. The higher classes are more punished in money; but the lower in person. Nobiles sunt, qni arma gentilitia an tecessornm snornm proferre possnnt. 2 Inst. 595. The gentry are those who are able to produce armorial bearings derived by descent from their own ancestors. Nobiliores et benigniores prresnmp tiones in dnbiis sunt prseferendse. In cases of doubt, the more generous and more benign presumptions are to be preferred. A civil-law maxim. Nobilitas est dnplex, superior et in ferior. 2 Inst 583. There are two sorts of nobility, the higher and the lower. NOBILITY. In English law. A divi sion of the people, comprehending dukes, NO FUNDS. See FUND.

marquises, earls, viscounts, and barons. These had anciently duties annexed to their respective honors. They are created either by writ, i. e., by royal summons to attend the house of peers, or by letters patent, i. e., by royal grant of any dignity and degree of peerage; and they enjoy many privileges, exclusive of their senatorial capacity. 1 BL Comm. 396. NOCENT. From Latin "nocere." Guilty. "The nocent person." 1 Vern. 429. NOCTANTER. By night. An abolished writ which issued out of chancery, and re turned to the queen's bench, for the pros- 'tration of inclosures, etc. NOCTES and NOCTEM DE FIRMA. Entertainment of meat and drink for so many nights. Domesday. NOCUMENTUM. Lat.« In old English law. A nuisance. Nocumentum damnosum, a nuisance occasioning loss or damage. Nocumentum injuriosum, an injurious nui sance. For the latter only a remedy was given. Bract, fol. 221. NOLENS VOLENS. Lat Whether will ing or unwilling; consenting or not. NOLIS. Fr. In French law. Freight. The same with "fret." Ord. Mar. liv. 3, tit. 3. NOLISSEMENT. Fr. In French ma rine law. Affreightment Ord. Mar. liv. 3, tit. 1. NOLLE PROSEQUI. Lat In practice. A formal entry upon the record, by the plaintiff in a civil suit or the prosecuting officer in a criminal action, by which he de clares that he "will no further prosecute" the case, either as to some of the counts, or some of the defendants, or altogether. State v. Primm, 61 Mo. 171; Com. v. Casey, 12 Allen (Mass.) 214; Davenport v. Newton, 71 Vt 11, 42 Atl. 1087. A nolle prosequi is in the nature of an ac knowledgment or undertaking by the plaintiff in an action to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non pros., by which the plaintiff is put out of court with respect to all the defendants. Brown. NOLO CONTENDERE. Lat I will not contest it The name of a plea in a crim inal action, having the same legal effect as a plea of guilty, so far as regards all pro ceedings on the indictment, and on which the defendant may be sentenced. U. S. v. Hartwell, 3 Cliff. 221, Fed. Cas. No. 15,318. Like a demurrer this plea admits, for the purposes of the case, all the facts which are well pleaded, but is not to be used as an