KFLCC Kingdom Law 2nd Ed.

NUPER OB1IT

NULLUS IDONEUS TESTIS

838

NUNCUPATIVE WILL. A will which depends merely upon oral evidence, having been declared or dictated by the testator In his last sickness before a sufficient number of witnesses, and afterwards reduced to writ ing. Ex parte Thompson, 4 Bradf. Sur. (N. Y.) 154; Sykes v. Sykes, 2 Stew. (Ala.) 367, 20 Am. Dec. 40; Tally v. Butterworth, 10 Yerg. (Tenn.) 502; Ellington v. Dillard, 42 Ga. 379; Succession of Morales, 16 La. Ann. 268. NUNDIN-3E. Lat. In the civil and old English law. A fair. In nundinis et mer catis, in fairs and markets. Bract fol. 56. NUNDINATION. Traffic at fairs and markets; any buying and selling. Nunquam crescit ex postfacto prse teriti delicti sestimatio. The character Of a past offense is never aggravated by a sub sequent act or matter. Dig 50, 17, 139, 1; Bac. Max. p. 38, reg. 8; Broom, Max. 42. Nunquam decurritur ad extraordina ritun sed nbi deficit ordinarium. We are never to resort to what is extraordinary! but [until] what is ordinary fails. 4 Inst 84. Nunquam fictio sine lege. There is no Action without law. Lat Never indebted. The name of a plea in an action of indebitatus assumpsit, by which the defendant alleges that he is not indebt ed to the plaintiff. Nunquam nimis dicitnr qnod nunquam satis dicitnr. What is never sufficiently said is never said too much. Co. Litt. 375. Nunquam praescribitur in falso. There is never a prescription in case of falsehood or forgery. A maxim in Scotch law. Bell. Nunquam res humanse prospere sue cedunt nbi negliguntur divinse. Co. Litt 15. Human things never prosper where di vine things are neglected. NUNTTUS. In old English practice. A messenger. One who was sent to make an excuse for a party summoned, or one who explained as for a friend the reason of a party's absence. Bract fol. 345. An officer of a court; a summoner, apparitor, or beadle. Cowell. NUPER OBIIT. Lat, In practice. The name of a writ (now abolished) which, in the English law, lay for a sister co-heiress dispossessed by her coparcener of lands and tenements whereof their father, brother, or any common ancestor died seised of an es tate in fee-simple. Fitzh. Nat Brev. 197. NUNQUAM INDEBITATUS.

party present aiding and abetting in its commission. Nnllns idoneus testis in re sua Intel ligitur. No person is understood to be a competent witness in his own cause. Dig. 22, 5, 10. Nnllns jns aliennm forisfacere potest. No man can forfeit another's right Fleta, lib. 1, c. 28, § 11. Nnllns recedat e curia cancellaria sine remedio. No person should depart from the court of chancery without a rem edy. 4 Hen. VII. 4; Branch, Princ. Nnllns simile est idem, nisi quatuor pedibus currit. No like is exactly iden tical unless it runs on all fours. Nnllus videtur dolo facere qui sno jnre ntitnr. No one is considered to act with guile who uses his own right Dig. 50, 17, 55; Broom, Max. 130. NUMERATA PECUNIA. Lat. In the civil law. Money told or counted; money paid by tale. Inst 3, 24, 2; Bract fol. 35. NUMMATA. The price of anything in money, as denariata is the price of a thing by computation of pence, and Ubrata of pounds. NUMMATA TEBB~32. An acre of land. Spelman. NUNC PRO TUNC. Lat. Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect i. e., with the same effect as if regularly done. Perkins v. Hay ward, 132 Ind. 95, 31 N. E. 670; Secou v. Leroux, 1 N. M.. 388. NUNCIATIO. Lat. In the civil law. A solemn declaration, usually in prohibition of a thing; a protest NUNCIO. The permanent official repre sentative of the pope at a foreign court or seat of government. Webster. They are called "ordinary" or "extraordinary," accord ing as they are sent for general purposes or on a special'mission. In international law. A messenger; a minister; the pope's legate, commonly called a "nuncio." NUNCUPARE. Lat In the civil law. To name; to pronounce orally or in words Without writing. NUNCUPATE. To declare publicly and solemnly. NUNCIUS.