KFLCC Kingdom Law 2nd Ed.

NON OMNE DAMNUM

827

NON-RESIDENCE

Non potest rex gratiam faeere rum injuria et damno aliornm. The king can not confer a favor on one subject which occasions injury and loss to others. 3 Inst 236; Broom, Max. 63. Non potest rex subditnm renitentem onerare impositionibus. The king cannot load a subject with imposition against his consent 2 Inst 61. Non potest videri desisse habere qui nunquam habuit. He cannot be considered as having ceased to have ,a thing who never had it Dig. 50, 17, 208. If, in the proceedings in an action at law, the plain tiff neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for that purpose, the defendant may enter judgment of non pros, against him, whereby it is adjudged that the plaintiff does not follow up (non prosequitur) his suit as he ought to do, and therefore the defendant ought to have judg ment against him. Smith, Act. 96; Com. v. Casey, 12 Allen (Mass.) 218; Davenport v. Newton, 71 Vt 11, 42 Atl. 1087; Buena Vista Freestone Co. v. Parrish, 34 W. Va. 652, 12 S. E. 817. NON QUIETA MOVERE. Lat Not to disturb what is settled. A rule expressing the same principle as that of stare decisis, (q. v.) Non quod dictum est, sed quod factum est inspicitur. Not what is said, but what is done, is regarded. Co. Litt 36a. Non refert an quis assensum suum praefert verbis, ant rebus ipsis et factis. 10 Coke, 52. It matters not whether a man gives his assent by his words or by his acta and deeds. Non refert quid ex sequipollentibua fiat. 5 Coke, 122. It matters not which of [two] equivalents happen. Non refert quid notum sit judici, si notunt non sit in forma judicii. It mat ters not what is known to a judge, if it be not known in judicial form. 3 Bulst 115. A leading maxim of modern law and prac tice. Best, Ev. Introd. 31, § 38. Non refert verbis an factis fit revo catio. Cro. Car. 49. It matters not wheth-* er a revocation is made by words or deeds. Residence beyond the limits of the particular jurisdiction. In ecclesiastical law. The absence of spiritual persons from their benefices. NON PROSEQUITUR. Lat NON-RESIDENCE.

the writ by reason of any liberty, because there are many liberties or districts in which the sheriff has no power to execute process unless he has special authority. 2 Steph. Comm. 630. Ifon omne damnum indnoit injuriam. It is not every loss that produces an injury. Bract fol. 456. Non omne quod licet honestum est. It is not everything which is permitted that la honorable. Dig. 50, 17, 144; Howell T. Baker, 4 Johns. Ch. (N. Y.) 121. Non omnium quae a majoribus nostris constituta rant ratio reddi potest. There cannot be given a reason for all the things which have been established by our ancestors. Branch, Princ.; 4 Coke, 78; Broom, Max. 157. NONPAYMENT. The neglect, failure, or refusal of payment of a debt or evidence of debt when due. NON-PERFORMANCE. Neglect, fail ure, or refusal to do or perform an act stipu lated to be done. Failure to keep the terms of a contract or covenant, in respect to acts or doings agreed upon. Non pertinet ad judicem secularem cognoscere de lis quae sunt mere spi ritualia annesa. 2 Inst 488. It belongs not to the secular judge to take cognizance of things which are merely spiritual. NON-PIiEVIN. In old English law. De fault in not replevying land in due time, when the same was taken by the king upon a default. The consequence thereof (loss of seisin) was abrogated by St 9 Edw. III. c. 2. NON PONENDIS IN ASSISIS ET JUBATIS. A writ formerly granted for freeing and discharging persons from serv ing on assizes and juries. Fitzh. Nat. Brev. 165. Non possessor! incumbit necessitas proband! possessiones ad se pertinere. A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714. Non potest addnci exceptio ejus ret cujus petitur dissolutio. An exception of the same thing whose avoidance is sought cannot be made. Broom, Max. 166. Non potest probari quod probatum non relevat. 1 Exch. 91, 92. That cannot be proved which, if proved, is immaterial. Non potest quis sine brevi agere. No one can sue without a writ. Fleta, lib. 2, c 13, { 4. A fundamental rule of old practice.