KFLCC Kingdom Law 2nd Ed.

833

NOVELLA LEONIS

NOTITIA

fact; the power or authority of a judex; the power of hearing causes and of pronounc ing sentence, without any degree of jurisdic tion. Calvin. NOTITIA. Lat. Knowledge; informa tion; intelligence; notice. Notitia dicitur a noscendo; et notitia non debet claudicare. Notice is named from a knowledge being had; and notice ought not to halt, [i. e., be imperfect] 6 Coke, 29. NOTORIAL. The Scotch form of "nota rial," (q. v.) Bell. NOTORIETY. The state of being noto rious Or universally well known. —Proof by notoriety. In Scotch law, dis pensing with positive testimony as to matters of common knowledge or general notoriety, the same as the "judicial notice" of English and American law. See NOTICE. NOTORIOUS. In the law of evidence, matters deemed notorious do not require to be proved. There does not seem to be any recognized rule as to what matters are deem ed notorious. Cases have occurred in which the state of society or public feeling has been treated as notorious; e. g., during times of sedition. Best, Ev. 354; Sweet. —Notorious insolvency. A condition of in solvency which is generally known throughout the community or known to the general class of persons with whom the insolvent has busi ness relations.—Notorious possession. In the rule that a prescriptive title must be founded on open and "notorious" adverse possession, this term means that the possession or character of the holding must in its nature possess such elements of notoriety that the owner may be presumed to have notice of it and of its extent. Watrous v. Morrison, 33 Fla. 261, 14 South. 805, 39 Am. St. Rep. 139. NOTOUR. In Scotch law. Open; no torious. A notour bankrupt is a debtor who, being under diligence by horning and caption of his creditor, retires to sanctuary or ab sconds or defends by force, and is afterwards found insolvent by the court of session. Bell. Nova oonstitntio fntnris forntant im ponere debet non prseteritis. A new state of the law ought to affect the future, not the past. 2 Inst. 292; Broom, Max. 34, 37. NOVA CUSTUMA. The name of an im position or duty. See ANTIQUA CUSTUMA. NOVA STATUTA. New statutes. An appellation sometimes given to the statutes which have been passed since the beginning of the reign of Edward III. 1 Steph. Comm. 88. NOV^J NARRATIONES. New counts. The collection called "Novce Narrationes" contains pleadings in actions during the reign BI*LAW DICT.(2D ED.)—53

of Edward III. It consists principally of dec larations, as the title imports; but there are sometimes pleas and subsequent pleadings. The Articuli ad Novas Narrationes is usual ly subjoined to this little book, and is a small treatise on the method of pleading. It first treats of actions and courts, and then goes through each particular writ, and the decla ration upon it, accompanied with directions, and illustrated by precedents. 3 Reeve, Eng. Law, 152; Wharton. NOVALE. Land newly plowed and con verted into tillage, and which has not been tilled before within the memory of man; also fallow land. NOVALIS. in the civil law. Land that rested a year after the first plowing. Dig. 50, 16, 30, 2. Novatio non prsesumitur. Novation is not presumed. Halk. Lat. Max. 109. NOVATION. Novation is the substitu tion of a new debt or obligation for an exist ing one. Civ. Code Cal. § 1530; Civ. Code Dak. § 863; Hard v. Burton, 62 Vt. 314, 20 Atl. 269; McCartney v. Kipp, 171 Pa. 644, 33 Atl. 233; McDonnell v. Alabama Gold L. Ins. Co., 85 Ala. 401, 5 South. 120; Shafer's Appeal, 99 Pa. 246. Novation is a contract, consisting of two stipulations,—one to extinguish an existing obligation; the other to substitute a new one in its place. Civ. Code La. art 2185. The term was originally a technical term of the civil law, but is now in very general use in English and American jurisprudence. In the civil law, there are three kinds of nova tion: (1) Where the debtor and creditor remain the same, but a new debt takes the place of the old one; (2) where the debt remains the same, but a new debtor is substituted; (3) where the debt and debtor remain, but a new creditor is substituted. Adams v. Power, 48 Miss. 451. NOVEL ASSIGNMENT. See NEW AS SIGNMENT. NOVEL DISSEISIN. See ASSISE OF NOVEL DISSEISIN. NOVELII^B, (or NOVELLA CONSTI TUTIONES.) New constitutions; generally translated in English, ''Novels." The Latin name of those constitutions which were is sued by Justinian after the publication of his Code; most of them being originally written in Greek. After his death, a col lection of 168 Novels was made, 154 of which had been issued by Justinian, and the rest by his successors. These were afterwards Included in the Corpus Juris Civilis, (g. v.,) and now constitute one of its four prin cipal divisions. Mackeld. Rom. Law, § 80; 1 Kent, Comm. 541. NOVELLA LEONIS. The ordinances of the Emperor Leo, which were made from