KFLCC Kingdom Law 2nd Ed.

NON INTROMITTENDO

826

NON OMITTAS

ed from transportation in the United States mails, whether on account of the size of the package, the nature of its contents, its obscene character, or for other reasons. See U. S. v. Nathan (D. C.) 61 Fed. 936. NON MERCHANDIZANDA VICTU ALIA. An ancient writ addressed to jus tices of assize, to inquire whether the magis trates of a town sold victuals in gross or by retail during the time of their being in office, which was contrary to an obsolete statute; and to punish them if they did. Reg. Orig. 184. NON MOLESTANDO. A writ that lay for a person who was molested contrary to the king's protection granted to him. Reg. Orig. 184. Non nasci, et natum mori, paria sunt. Not to be born, and to be dead-born, are the same. NON-NEGOTIABLE. Not negotiable; not capable of passing title or property by indorsement and delivery. Non obligat lex nisi promulgata. A law is not obligatory unless it be promul gated. Non observata forma, infertur adnul latio actus. Where form is not observed, an annulling of the act is Inferred or fol lows. 12 Coke, 7. NON OBSTANTE. Lat. Notwithstand ing. Words anciently used in public and private instruments, intended to preclude, in advance, any interpretation contrary to certain declared objects or purposes. Bur rill. A clause frequent in old English statutes and letters patent, (so termed from its initial words,) importing a license from the crown to do a thing which otherwise a person would be restrained by act of parliament from doing. Crabb, Com. Law, 570; Plowd. 501; Cowell. A power in the crown to dispense with the laws in any particular case. This was abolished by the bill of rights at the Revolu tion. 1 Bl. Comm. 342. -Non obstante veredicto. Notwithstand ing the verdict. A judgment entered by order of court for the plaintiff, although there has been a verdict for the defendant, is so called. German Ins Co. v. Frederick, 58 Fed. 144, 7 C. C. A. 122; We,ntworth v. Wentworth, 2 Minn. 282 (Gil. 238), 72 Am. Dec. 97; Hill v, Ragland, 114 Ky. 209, 70 S. W. 634. Non offieit conatus nisi sequatur ef fectus. An attempt does not harm unless a consequence follow. 11 Coke, 98. NON OMITTAS. A clause usually In serted in writs of execution, in England, di recting the sheriflf "not to omit" to execute

exempted from the jurisdiction of the jus tices of the peace for the county. NON INTROMITTENDO, QUANDO BREVE PRAECIPE IN CAPITE SUB DOLE IMPETRATUR. A writ addressed to the justices of the bench, or in eyre, com manding them not to give one who, under color of entitling the king to land, etc., as holding of him in capite, had deceitfully ob tained the writ called "praecipe in capite," any benefit thereof, but to put Mm to his Those upon which a decision would not determine the action upon the merits, as a plea in abate ment 1 Chit. Archb. Pr. (12th Ed.) 249. Not judicial; not legal. Dies non jurtdicus is a day on which legal proceedings cannot be had. NON-JURORS. In English law. Per sons who refuse to take the oaths, required by law, to support the government. Non jug ex regula, sed regula ex jure. The law does not arise from the rule (or maxim,) but the rule from the law. Tray. Lat. Max. 384. Non jus, sed seisina, facit stipitem. Not right, but seisin, makes a stock. Fleta lib. 6, c. 2, § 2. It is not a mere right to enter on lands, but actual seisin, which makes a person the root or stock from which all future inheritance by right of blood must be derived. 2 Bl. Comm. 209, 312. See Broom, Max. 525, 527. NON-LEVIABLE. Not subject to be, levied upon. Non-leviable assets are assets upon which an execution cannot be levied. Farmers' F. Ins. Co. v. Conrad, 102 Wis. 387, 78 N. W. 582. Non licet quod dispendio licet. That iwhich may be [done only] at a loss is not allowed [to be done.] The law does not per mit or require the doing of an act which will result only in loss. The law forbids such recoveries whose ends are vain, chargeable, and unprofitable. Co. Litt 127&. NON LIQUET. Lat It Is not clear. In the Roman courts, when any of the judges, after the hearing of a cause, were not satis fied that the case was made clear enough for them to pronounce a verdict, they were privileged to signify this opinion by casting a ballot inscribed with the letters "N. L.," the abbreviated form of the phrase "non liquet." NON-MAILABLE. A term applied to all letters and parcels which are by law exclud writ of right. Beg. Orig. 4. NON-ISSUABLE FLEAS. NON-JOINDER. See JOINDEB. NON JURIDICUS.