KFLCC Kingdom Law 2nd Ed.

822

NOMINATION

NON-ASSESSABLE

holds only in the name or for the benefit of another, whose name he discloses by the plea, in order that the plaintiff may bring his action against such other. See Mackeld. Rom. Law, § 297. NOMINATION. An appointment or des ignation of a person to fill an office or dis charge a duty. The act of suggesting or proposing a person by name as a candidate for an office. — Nomination to a living. In English ec clesiastical law. The rights of nominating and of presenting to a living are distinct, and may reside in different persons. Presentation is the offering a clerk to the bishop. Nomination is the offering a clerk to the person who has the right of presentation. Brown. Lat. A nominative case grammatically unconnected with the rest of the sentence in which it stands. The opening words in the ordinary form of a deed inter partes, "This inden ture," etc., down to "whereas," though an intelligible and convenient part of the deed, are of this kind. Wharton. NOMINE. Lat. By name; by the name of; under the name or designation of. NOMINE PCENiE. In* the name of a penalty. In the civil law, a legacy was said to be left nomine poence where it was left for the purpose of coercing the heir to do or not to do something. Inst. 2, 20, 36. The term has also been applied, in English law, to some kinds of covenants, such as a covenant inserted in a lease that the lessee shall forfeit a certain sum on non-payment of rent, or on doing certain things, as plow ing up ancient meadow, and the like. 1 Crabb, Real Prop. p. 171, § 155. NOMINEE. One who has been nominat ed or proposed for an office. NOMOCANON. (1) A collection of can ons and imperial laws relative or conform able thereto. The first nomocanon was made by Johannes Scholasticus in 554. Photius, patriarch of Constantinople, in 883, compiled another nomocanon, or collation of the civil laws with the canons; this is the most cele brated. Balsamon wrote a commentary up on it in 1180. (2) A collection of the ancient canons of the apostles, councils, and fathers, without any regard to imperial constitutions. Such is the nomocanon by M. Cotelier. Enc. Lond. the subject of laws. NOMOGRAPHY. A treatise or descrip tion of laws. NOMOTHETA. A lawgiver; such as Solon and Lycurgus among the Greeks, and NOMINATIVUS PENDENS. NOMOGRAPHER. One who writes on

Osesar, Pompey, and Sylla among the Ro mans. Calvin. NON-ACCEPTANCE. The refusal to ac cept anything. NON ACCEPTAVIT. In pleading. The name of a plea to an action of assumpsit brought against the drawee of a bill of ex change by which he denies that he accepted the same. In legal parlance, this term denotes the absence of opportunities for sexual intercourse between husband and wife; or the absence of such intercourse. Non accipi debent verba in demonstra tionem falsam, quae competunt in lintita tionem veram. Words ought not to be taken to import a false demonstration which may have effect by way of true limitation. Bac. Max. p. 59, reg. 13; Broom, Max. 642. NON ACCREVIT INFRA SEX ANNOS. It did not accrue within six years. The name of a plea by which the defendant sets up the statute of limitations against a cause of action which is barred after six years. NON-ACT. A forbearance from action; the contrary to act. NON-ADMISSION. The refusal of ad mission. NON-AGE. Lack of requisite legal age. The condition of a person who is under twen ty-one years of age, in some cases, and un der fourteen or twelve In others; minority. Non alio modo puniatur aliquis qnam secundum quod se nabet condemnatio. 3 Inst. 217. A person may not be punished dif ferently than according to what the sentence enjoins. Non aliter a significatione verborum recedi oportet qnam cum manif estnm est, alind sensisse testatorem. We must never depart from the signification of words, un less it is evident that they are not con formable to the -will of the testator. Dig. 32, 69, pr.; Broom, Max. 568. NON-APPARENT EASEMENT. A non continuous or discontinuous easement. Fet ters v. Humphreys, 18 N. J. Eq. 262. See EASEMENT. NON-APPEARANCE. A failure of ap pearance; the omission of the defendant to appear within the time limited. NON-ASSESSABLE. This word, placed upon a certificate of stock, does not cancel or impair the obligation to pay the amount due upon the shares created by the acceptance NON-ACCESS.