KFLCC Kingdom Law 2nd Ed.

NON-RESIDENT

828

NON VALEBIT FELONIS

NON-RESIDENT. One who is not a dweller within some jurisdiction in question; not an inhabitant of the state of the forum. Gardner v. Meeker, 169 111. 40, 48 N. B. 307; Nagel v. Loomis, 33 Neb. 499, 50 N. W. 441; Morgan v. Nunes, 54 Miss. 310. For. the distinction between "residence" and "domi cile," see DOMICILE. NON-RESIDENTIO FRO CLERICO REGIS. A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his non residence; in which case he is to be dis charged. Reg. Orig. 58. Non respondebit minor nisi in causa dotis, et hoc pro favore doti. 4 Coke, 71. A minor shall not answer unless in a cast of dower, and this in favor of dower. NON SANJE MENTIS. Lat Of un sound mind. Fleta, lib. 6, c. 40, § 1. NON-SANE. As "sane," when applied to the mind, means whole, sound, in a health ful state, "non-sane" must mean not whole, not sound, not in a healthful state; that is, broken, impaired, shattered, infirm, weak, diseased, unable, either from nature or acci dent, to perform the rational functions com mon to man upon the objects presented to it. Den v. Vancleve, 5 N. J. Daw, 589, 661. —Non-sane memory, Unsound memory ; un sound mind. In re Beaumont, 1 Whart. {Pa.) 52, 29 Am. Dec. 33; In re Forman's Will, 54 Barb.

NON SUM INFORMATUS. Lat I am not informed; I have not been instructed. The name of a species of judgment by de fault, which is entered when the defendant's attorney announces that he is not informed of any answer to be given by him; usually in pursuance of a previous arrangement be tween the parties. NON-SUMMONS, WAGER OF LAW OF. The mode in which a tenant or de fendant in a real action pleaded, when the summons which followed the original was not served within the proper time. Non temere credere est nervus sapi entise. 5 Coke, 114. Not to believe rashly is the nerve of wisdom. In pleading. A plea to an action in partition, by which the defendant denies that he and the plaintiff are joint tenants of the estate in question. NON TENUIT. Lat He did not hold. This is the name of a plea in bar in re plevin, by which the plaintiff alleges that he did not hold in manner and form as averred, being given in answer to an avowry for rent in arrear. See Rose. Real Act 638. NON-TENURE. A plea in a real action, by which the defendant asserts, either as to the whole or as to some part of the land mentioned in the plaintiff's declaration, that he does not hold it Pub. St Mass. 1882, p. 1293. NON-TERM. The vacation between two terms of a court The vacation be tween term and term, formerly called the time or days of the king's peace. NON-USER. Neglect to use. Neglect to use a franchise; neglect to exercise an of fice. 2 Bl. Comm. 153. Neglect or omis sion to use an easement or other right. 3 Kent, Comm. 448. A right acquired by use may be lost by non-user. NON USURPAVIT. Lat He has not usurped. A form of traverse, in an action or proceeding against one alleged to have usurped an office or franchise, denying the usurpation charged. See Com. v. Cross Cut R. Co., 53 Pa. 62. Non valebit felonis generatio, nee ad hsereditatem paternam vel ntaternam; si autem ante feloniant generationem fecerit, talis generatio sneoedit in hsere ditate patris vel matris a quo non fu erit felonia perpetrata. 3 Coke, 41. The offspring of a felon cannot succeed either to NON TENENT INSIMUL. Lat NON-TERMINUS.