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 dissents from the establishment of a state church, while conforming or not to its forms, ceremonies or practice.

NONCONFORMITY, LAW RELATING TO. For the history of the gradual relief of nonconformists in England from their disabilities see, , , ,, &c.; also. It is proposed here to note simply the present legal aspects of nonconformity apart from its history, that is, the matters in which the law as to nonconformists still differs from that applicable to members of the Church of England. The differences may be conveniently grouped under six heads.

NONFEASANCE,,. The expressions “nonfeasance” and “misfeasance,” and occasionally “malfeasance,” are used in English law with reference to the discharge of public obligations existing by common law, custom or statute. The rule of law laid down is that no action lies for nonfeasance, i.e. for failure or refusal to perform the obligation, but that an action does lie for misfeasance or malfeasance, i.e. for negligently and improperly performing the obligation. The doctrine was formerly applied to certain callings carried on publicly (see R. v. Kilderby, 1669, 1 Will. Saund. 311, 312 c). At present the terms misfeasance and nonfeasance are oftenest used with reference to the conduct of municipal authorities with reference to the discharge of their statutory obligations; and it is an established rule that an action lies in favour of persons injured by misfeasance, i.e. by negligence in discharge of the duty; but that in the case of nonfeasance the remedy is not by action but by indictment or mandamus or by the particular procedure prescribed by the statutes. This rule is fully established in the case of failure to repair public highways; but in other cases the courts are astute to find evidence of carelessness in the discharge of public duties and on that basis to award damages to individuals who have suffered thereby. Misfeasance is also used with reference to the conduct of directors and officers of joint-stock companies. The word malfeasance is sometimes used as equivalent to mala praxis by a medical practitioner.

NONIUS MARCELLUS, Latin grammarian and lexicographer, flourished at the end of the 3rd or the beginning of the 4th century He is often called the “Peripatetic of Thubursicum” (in Numidia, probably his birth-place). He is the author of a sort of lexicon called De compendiosa doctrina, in 20 sections or chapters, the first twelve of which deal with language and grammar, the remaining eight with special subjects (navigation, costume, food, arms). The work is a compilation from commentaries on the authors quoted (whom Nonius only knows at second hand) and from existing dictionaries and grammars. Nonius is especially indebted to Verrius Flaccus and Aulus Gellius. The Doctrina is valuable as preserving fragments from old dramatists, annalists, satirists and antiquarian writers. It is remarkable that in the quotations from the authors cited Nonius always follows the same order, beginning with Plautus and ending with Varro and Cato. The grammarians Priscian and Fulgentius borrowed largely from his book; and in the 5th century a certain Julius Tryphonianus Sabinus brought out a revised and annotated edition.

NONJURORS, the name given to those beneficed clergy of the Church of England who refused to take the oaths of allegiance to William and Mary in 1689. They were about four hundred in number, and included William Sancroft, archbishop of Canterbury, and four others of the “Seven Bishops,” Thomas Ken of Bath and Wells, John Lake of Chichester, Thomas White of Peterborough and Francis Turner of Ely, together with three other bishops, Robert Frampton of Gloucester, William Thomas of Worcester and William Lloyd of Norwich (who is sometimes confused with his namesake, the bishop of St Asaph, one of the