Page:Cyclopaedia, Chambers - Volume 2.djvu/286

 NON

NOg-^fo% f inlaw, an Exception taken againft the Plaintiff, or Defendant, upon fome Caufe, why he cannot commence a Suit in Law ; as Praemunire, Outlawry, Pro- felsMin Religion, Excommunicate, or a Stranger born.

This laft holds only in Actions real, and mixed ; and not inperfonal, except he be both a Stranger and an Enemy.

The Civilians fay, that fuch Man hath not Perj'onam ftandi in judicio.

Non idmittas, or Ne admittas, a Writ which lies for the Plaintiff in a Quare Jmpedit, or him that has Action of Darre in Prejentmem depending in the Common-Bench, and fears the Biftiop will admit the Clerk of the Defendant during the Suit between them.

Noti-Jppearance, a Default in not Appearing in a Court of Judicature. See Appearance.

2vJon-C/<3»w, in Law, the omiffion, or neglect of him who ought to challenge his Right within a time limited. See Claim.

By fuch neglect, he is either barr'd of his Right ; as at this day, upon Non-claim within five Years after a time, and Right to him accrued ; or of his Entry by Defcent, for want of Claim within five Years after the Diffeifin.

Non Mo/e/lcnrfo, a Writ which lies for him who is mo- lefled contrary to the King's Protection granted him.

Non Omittas, a Writ which lies where the Sheriff having deliver'd a former Writ to a Bailiff of a Franchife in which the Party it is to be ferved on, dwells; and the Bailiff having neglected to do it; Upon the Sheriff's returning, that he deliver'd it to the Bailiff; this fecond Writ ihatl be directed to the Sheriff, charging him to execute the King's Command himfelf.

^QnPonendoinJffffis, &Juratis, a Writ granted on di- vers Occafions to Men for the freeing them from ferving on Aflizes and Juries ; as by reafon of Old Age, £J?c. See Jury, ££?c.

Kon Procedendo ad Jjfifam Rege inconfulto, a Writ to flop the Trial of a Caufe appertaining to one who is in the King's Service, &c. till the King's Pleafure be further known.

Non/am* 'Memories^ or Nonfaiie Mcmorle, is an Exception taken to an Act declared by the Plaintiff or Demandant to be done at a time when the Party that did it was Mad, or not in his Wits ; as to a lalt Will, &c. See Non Compos.

Non/ww Infer matus, feelNFOBM ATvsmmfttm.

Non -Refidence, in Law, isapplied to fuch Spiritual Per- fons as are not refident on, but do abfent themfelves, for one Month together, or two at feveral times of the Year, from their Benefices. See Benefice.

Regularly, Perfonal Refidence is required of Ecclefiafii- calPerfons upon their Cures. See Residence.

NoN-Refide7itia fro Clericis Regis, is a Writ directed to the Ordinary, charging him not to molelt a Clerk employ'd in the King's Service, on account of his Non-Refedence.

IS on Suit, in Law, a Renunciation of the Suit, by the Plaintiff or Demandant ; molt commonly upon the dif- covery of fome Error, or Defect, when the Matter is fo far proceeded in, as that the Jury is ready at the Bar, to deliver their Verdict.

The Civilians term it Litis remind ationem.

Ron Compos mentis, a Phrafe denoting a Perfon not to be of found Memory, or Underllanding.

Of this, in common Law, there are faid to be four Kinds : Firit, an Ideot born; Secondly, He that by Ac- cident lofeth his Memory and Undemanding ; Thirdly, a Lunatic, that has Lucida intervalla, fometimes has Under- iianding, and fometimes not; Fourthly, He that by his own act, for a time, depriveth himfelf of his right Senfes, as a Drunkard : But this laft kind Jhall give no Privilege to him or his Heirs.

A Dcfccnt takes away the Entry of an Ideot, tho the want of Underftanding were perpetual.

Non ohjiante^ notwithJianding,m Law, a Term, or Claufe ufual in Statutes and Patents. All Grams of fuch Penftons, and every Non obllante therein contained, (ball be void. Henry HI. took up the Claufe Non ohjtante, (firft introduced by the Pope) in his Grants.

Nou-obfiancy, in the Ramifi Canon Laws, makes the third part of the Provifions of the Court of Rome ; begin- ning with Non objiantibus ; and comprizing Abfolutions of Cenfures, Rehabilitations, and neceffary Difpenfations, for the Enjoyment of Benefices. None inferior to the Pope can ufe the Claufe Non ohftante.

Non Term, the Time of Vacation between Term and Term. Sec Vacation.

It was antiently call'd the Times or Days of the King's Teace. See Peace of God and the Church.

Among the Romans it was call'd fm<e, or Dies Nefafti, SeeFERijE andNEFAsn.

Non eji faBum, in Law, an Anfwer to a Declaration, whereby a Man denieth that to be his Deed whereupon he is impleaded.

(*39)

NON

Non eft OdftUlh, He is not Guilty, in Law, the general Plea to an Action ot Trcljafs, whereby tile Defendant ab- folutelyden.es the Fact charg'd on him by the Plaintiff; whereas in other fpecial Anfwers, the Defendant grants the Fafltobedone, but alledges fome Reafons in his Defence, why he lawfully might do ii.

As this is the general Anfwer in an Action of Trefpafs >. e. a Criminal Aflion civilly profecuted ; fo is ir in all Aclions criminally follow 'd, either at the Suit of the Kin2 or others, wherein the Defendant denies the Crime nfi' jected ro him.

Nos?W«, Nonplezina, a Default in not RepIcTvin* ot Land in due time. r ' »

Hengam writes, That the Defendant ftiould be fure to replevy his Lands feiz'd by the King, within fifteen Days And that if he neglects, then, at the'lnftance of the Plain' tiff at the next Court-Day, he flail lofe his Seifin, fi c „, per ckfaltam poji defaham. *

By-Swr. p£rf ro. 3. it wasenafled, That no Perfon fhould thenceforward lofe his Land becaufe of Non Tlemn.

NoN-Tcm<i-f, an Exception to a Count.whereby the Party urges, that he holdeth not the Land mentioned in the Count, or at lead fome part of it.

»'<£ dittinguifhes Nm-Tetmre into General and Special. inenrit, where one denies himfelf ever to have been Te DM! : to the Land in qucftion. The fecond, where he only alledges that he was not Tenant the Day whereon the Writ was purchafed.

Non liquet, it does not appear : A VerdicS given by a Jury.when a Matter is to bedefer'd to another Day of Trial See Verdict.

The fame Phrafe was ufed among the Romans ; after hearing the Caule, fuch of the Judges as thought it not fufficicntly clear to pronounce upon, call a Ballot into the Urn with the two Lettets N L, for Nan Liquet

Non-Emty, Nihil, or Nothing, is whatever has no real Being, and ,s only conceived Negatively, or only claims 3. negative Denomination. SccEsse, Essence gfc

NoN-fc„i, in Medicine, Res Kon Nautraks, are the Caufes and Effects of Difeafes, whether near or remote See Disease.

Phyficians have digefted all the Caufes of Difeafes into fixClaffes, which they call the fix Non-naturals. Thefe are,

1. Air. a. Meat and Drink, 5. Motion and Reft. 4.. The Paffions of the Mind. 5. Excretions and Retentions. 6. Sleepand Waking. See each under its proper Article Air, Meat, Drink, £j?c

They are thus call'd, becaufe by their ufe or abufc- they becomeeither Good, Naturals, orEvil, Gmtra-naturals

But theDivifion, in effefl, is of no great ufe ; the Caufes of Difeales being much more commodiouliy laid down otherwife. See Disease.

NONjE and Decimx were Payments antiently made to the Church by thole who were Tenants of their Farms.

The None were the Rent or Duty claim'd for thinps Be- longing to Husbandry ; the Decimx were claim'd in Right oftheChurch. See Decimte.

NONAGE, in Law, an Incapacity of doing certain things from a want of Age. See Age.

The Tetm of Nonage is different, with regard to different things. In Matters of Inheritance, a Man is in his Novate till twenty-one Years ; for Marriage till fourteen, £5c See Minority.

NONAGESIMAL, in Aflronomy, the 90th Doreeof the Ecliptic, reckon'd from its Eaftern Point." See Ecliptic.

The Altitude of the Nonagefimal is equal to the Anole of the Ecliptic, and paffes thro the Poles thereof: Whence the Altitude of the Nonagefimal, under a given Elevation of the Pole, is eafily found.

If the Altitude of the Nonagefimal be fubftrafled from 90, the Remainder is the Diftance of the Nonagefimal from the Vertex.

NONAGIUM, in Law, the ninth part of moveable Goods; antiently paid in nature of a Mortuary ; being claim'd by the Clergy upon the Death of thofe of their Parifh. See Mortuary.

At firft it was a third Part of the Goods, and was cM'd Tertragium ; till by a Bull of Clement VI. it was re- duced to a Ninth.

NONAGON, a Figute having nine Angles and Sides. See Polygon,

NONCONFORMISTS, the Name of a Religious.Sefl, or rather of a number of Seels, in England.

The Term was antiently confin'd to the Puritans, or rigid Cahinijh ; at prefent it extends to all who Diflent from theeftabliihed Church, the Komanifis alone excepted. See Dissenter.

The Word had its Rife from a Declaration of King Charles I. who appointed that all the Churches of England

and