Nonfeafance, fignifies the Omiffion of what ought to be done. Ron implacitando aliquem de Libero Tenemento fine Brevi, is a Writ to prevent Bailiffs, &c. from diftraining a Person concerning his Freehold without the King's Writ. Writ directed to him, that he hath sent to the Bailiff of fuch a Franchise who has the Return of Writs, and that he neglects to ferve the Writ fent him; wherefore the Sheriff is commanded to enter into the Franchife himself, and there to execute the King's Writ. The Sheriff is also to warn the Bailiff, that he be before the Juftices at the Day mentioned in the Writ; and in Cafe he does not come and excufe himself, then all the judicial Writs, which fhall iffue out of the King's Court during that Plea, fhall be Writs of Non omittas, and the Sheriff fhall make Execution of them, during the Dependance of that Plea. Termes de la Ley. Tho' before a Non omittas iffues, the Sheriff ought to make a Return, as above; yet, for the Sake of Difpatch, the Practice ufually is to fend a Non omittas, with a Capias or Latitat. It is faid, that a Capias utlegatum, Quo minus, and all other Writs at the King's Suit, have the fame Effect as this Writ of Non omittas. Non intromittendo, quando Wze= be Præcipe in Capite fubbole impetratur, was a Writ anciently dfed and directed to the Juftices of the Bench, or in Eyre, forbidding those that, under Colour of intitling the King to Land, &c. held of him in Capite, had indirectly obtained the Writ termed Præcipe in Capite, any Benefit thereof; but, instead thereof, to put him to his Writ of Right. Ronjurors, denote fuch Perfons who refuse to take the Oaths to the Government, who on that Account are fubject to certain Penalties. See abjuration. See Daths. Bon Merchandizando WiЯualia, is a Writ directed to Juftices of Affife, in order to inquire whether the Magiftrates of fuch a Place fell victuals in Grofs, or by Re-on-plebin, is where Land feiled tail, whilft they are in Office; for is not replevied in due Time. which, if they do, they are pu-on ponendis in aliis & Juranifhable. Non Moleftando, is a Writ that iffues where a Perfon is molefted contrary to the King's Protection granted. Non obftante, (in English, Notwithstanding, ) is a particular Claufe frequently to be met with in Statutes and Letters Patent, and is defined to be a Licence from the King to do a Thing, which at the Common Law might be lawfully done, were it not, that by being reAtrained by Act of Parliament, cannot be done, without the King's Licence. See Difpenfation. Pon omittas, is a Writ that lies where the Sheriff returns upon a tís, is a Writ that iffues for freeing one from serving on Affifes and Juries. on procedendo ad Alifam Rege inconfulto, is a Writ for ftopping the Trial of a Caufe belonging to a Perfon that is in the King's Service, until his Majesty's Pleasure be further known. Non Pros. is where a Plaintiff in our Courts of Law does not declare in a reasonable Time; in which Cafe the Practice is for the Defendant's Attorney to enter a Rule for the Plaintiff to declare; and thereon afterwards a Non Pros. may be entered. See oile P20fequí. See fponfuit, Non 1 Pon-Beldence, is particularly applied to Spiritual Perfons who are not Refident, but wilfully abfent themfelves for the Space of a Month together, or two Months at different Times in the Year, from their Dignities or Benefices, for which they are punishable by the Statute of Non-Refidence. Non Relidentia pro Clericis Be gis, is a Writ which lies where a Clerk is imployed in the King's Service, whereby he is obliged to be Non-Refident; and it is directed to the Bishop, charging him not to moleft fuch Clerk on Account of his Non-Refidence. Non fane Demozy, or on fane Memoriæ, in a legal Senfe, is taken for an Exception to fome A&t, alledged to be done by another, on which the Plaintiff grounds his Action; as that the Party that performed it had not his right Senfes at the Time of doing it. It is obferved by fome, that a Person of fane or found Memory, at the Making of a Will, is not always where a Teftator can anfwer Yes, or No, or perhaps in fome Things fenfibly; for in this Cafe he ought to have Judgment to difcern, and at the fame Time to be of perfect Understanding; otherwife the Will fhall be void. onfuít, denotes the Dropping or Defifting from a Suit or Action, or a Renouncing thereof by the Plaintiff or Demandant; which commonly happens upon the Difcovery of fome Error in the Plaintiff's Proceedings, when the Caufe is fo far proceeded in, that the Jury is ready at the Bar to deliver in their Verdict. It is also faid, that where a Perfon brings a perfonal Action, and does not profecute it with Effect, or in cafe upon the Trial, he refuses to ftand a Verdict; then he directly becomes Nonfuited; fo likewife where the Plaintiff is not ready for Trial at the Calling and Swearing of the Jury, it is in Law prefumed he does not intend to proceed in the Caufe, and on that Account the Court may call him Nonfuit: And in the like Manner it is on a Trial when the Jury comes in to deliver their Verdict, and the Plaintiff is called upon to hear the fame; if he do not appear after being thrice called by the Crier of the Court, he becomes nonfuited; which Nonfuit is to be recorded by the Secondary, by the Direction of the Court: But should he afterwards appear before the Nonfuit is recorded, the Court may proceed to take the Verdict, for this Reason, that it is not a Verdict till it be recorded by the Secondary; upon Motion made by Counsel for that Purpose; because the Court will not order it to be recorded unless the Counsel pray it. The King, tho' the Attorney General may enter a Nolle Profequi in his Name, cannot be nonfuit, seeing that by Judgment in Law he is always deemed present in Court: However, in a popular Action, notwithstanding the King cannot be nonfuited in an Information or Action wherein he himself is fole Plaintiff, an Informer qui tam, that is to say, a Plaintiff in a Popular Action, may be nonfuited, and by that Means wholly determine the Suit, both as to the King and himself. Where a Plaintiff becomes Nonfuit, he may begin his Proceedings afresh on a new Declaration; but may not proceed on that in which he became Nonfuit, that being abfolutely void, and the Plaintiff having no Day in Court. On an Appearance entered at the Return of the Writ, fhould the Plaintiff neglect to give a Declaration in a Perfonal Action before the End of the next Term following, a Nonfuit may be entered, and the Plaintiff thereon becomes liable to pay Cofts to the Defendant. See 13 Car. 2. c. 2. Non fum Info¿matus, I am not informed, is a formal Anfwer of Course made by an Attorney, who is not inftructed what to fay in his Client's Behalf; on which Account he is deemed to leave the Caufe undefended, and therefore Judgment paffes against his Client. Bon-tenure, is defined to denote a Plea in Bar to a real Action, whereby the Defendant infifts that he does not hold the Lands, &c. mentioned in the Plaintiff's Count, or fome Part thereof. In Pleading there is Non-tenure, General and Special: General, is where one abfolutely denies ever to have been Tenant of the Lands, &c. in Queftion: Special, is where the Defendant, by Way of Exception, pleads! that he was not Tenant the Day whereon the Writ was purchased. Non-Term, was formerly called the Days of the King's Peace; but it is now termed the Vacation between Term and Term. Non-uler. See Office. Notary, ufually denotes a Scrivener, or one who takes Notes, or frames Draughts of Contracts, Charter-Parties, or other Writings: But a Notary Publick is properly he that publickly attefts Writings or Deeds, in order to make them authentick in another Nation; and he is principally in, Bufinefs concerning Merchants; as to make Protests of Bills of Ex Action, as alfo in Actions of Tref pafs, &c. See on eft culpabilís. otice, is defined to be the Making of somewhat known, which a Man might be ignorant of before. Notice is in feveral Respects by Law required to be given, in order to juftify Proceedings, &c. Yet none is thereby bound to give Notice to another of what fuch other may inform himself. Upon Writs of Inquiry of Damages, either in real or perfonal Actions, Notice must be given to the other Party in the Suit; and Want of Notice upon divers Occafions, is often the Caufe of Arreft of Judgment. Notice is likewife to be given of Trials and Motions, of a Robbery committed, in order to recover against the Hundred; of a prior Mortgage, on the Making of a fecond; of an Affignment of a Leafe, in Cafes of Diftrefs, purfuant to the Statute; and of Avoidances of Churches by Refignation, &c. to the Patron, in order that he may prefent, &c. Novel Blignment, is faid to de note an Assignment of Time, Place, or the like, in an Action of Trefpafs, otherwife than as it was affigned before; as where 'a Perfon brings an Action of Trespass for breaking his Clofe; and the Defendant in his Plea juftifies in a Place where no Trefpafs was committed; in which Cafe the Plaintiff affigns the Clofe where the Trefpafs was done; whereto the Defendant may plead Guilty, or juftify by Title. Termes de la Ley. change, fc. on noting a Bill, Nobel Diffeilin. See life of which is to take Notice of a Mer-Novel Diffeilin. chant's Refufal to accept or pay Puces the fame. Pot guilty, denotes the general If fue of the Defendant in a Criminal Colligere, was anciently one of the Services imposed by Lords on their inferior Tenants, which was to gather Hazle Nuts. Rude, Rude, denotes fomewhat that is na ked or bare. Pul tiel Becozd, is where the Plaintiff pleads that there is no fuch Record, upon the Defendant's pleading Matter of Record in Bar of the Action brought by the Plaintiff. Nullum arbitrium, is the common Plea for the Defendant fued on an Award. Bullity, denotes any Thing that is null or void. Puncupative caill, denotes a De claration made by Word of Mouth by the Teftator, before a fufficient Number of Witneffes, of his Will and Mind, which Declaration being reduced into Writing, either before, or after his Death, is good as to the Difpofal of his perfonal. tho' not his real Estate. By 29 Car. 2. c. 3. no nuncupative Will shall be good, where the Eftate bequeathed exceeds the Value of 30%. unless fuch Will be proved by three Witneffes that are prefent at the Making of it, and defired by the Teftator to bear Witnefs of his Will; or unless it be made in the laft Sickness of the Teftator, and in his own Habitation, or in fuch Place wherein he has been refident for ten Days at least before, excepting in the Cafe of a fudden Sickness abroad: And no Evidence is to be allowed on a nuncupati-ve Will, after the Expiration of fix Months after the Declaration or Speaking thereof, unless the Whole, or Subftance of it be reduced into Writing within fix Days after the Making: Neither fhall a Probate of fuch Will pass the Seals until fourteen Days after the Teftator's Death, and until Procefs has iffued] to call in the Widow or next of Kin to the Teftator. Super obiit, is a Writ which lies, for a Sitter and Co-heir, who is deforced by her Coparcener of Lands, &c. of which their Anceftor died feifed in Fee: But a Writ of Rationabili Parte lies where the Ancestor was once feifed, yet died not feifed of the Poffeffion, but in Reversion. Bufance, is where a Person raises a Wall, flops Water, or does any other Thing upon his own Ground to the Detriment or Annoyance of his Neighbour. Termes de la Ley. Nufances are either publick, or pri vate: A publick Nufance is an Of fence against the Publick in general, either by doing what tends to the Annoyance of all the King's Subjects, or by neglecting to do what the common Good requires: A private Nufance is, where only one particular Perfon is annoyed, or hurt by the Doing of any Thing; as where a Perfon ftops up the Light of another's Houfe, or builds fo near it, and hanging over his Neighbour's House, that the Rain which falls from his falls upon the other's; as likewise, Turning or Diverting Water from running to a Man's House, Mill, Meadow, &'c, or Stopping up a Way that leads from Houses to Lands; fering a House to decay, to the Damage of the next Houfe; fetting up a Tan-house, Dye-house, &c. fo near another Perfon's Houfe, that the Smell of it annoys his Neighbour; or if they hurt one's Lands or Trees, corrupt his Water, &c. Indictment lies for a publick or common Nufance, at the King's Suit, whereon the Party offending fhall be fined and imprifoned. Action on the Cafe, or Affife of Nufance, lies at the Suit of the Party grieved; and on an Action for private Nufance, Judg ment follows that the Nufance fhall be removed, and that the injured Party shall recover Damages. The Difference fuf Difference between an Affife of Nafance and an Action on the Cafe is this, viz. That the first is to abate the Nufance, but the laft, inftead of abating it, is to recover Damages; in which Cafe, if the Action be removed, the Plaintiff becomes intitled to his Damages by this Record, as upon the Judge's own View, and afterwards a Writ iffued to the Sheriff of Middlefex to order him to pull it down. that accrued before; and fuppo-th, denotes a folemn Affirma be fing it be laid with a Continuance for a longer Time than the Plaintiff can prove, he becomes intitled to Damages for what he can make Proof to have fuftained before the Nufance was abated. It is held, that both a common and private Nufance may be abated by fuch Perfons as are prejudiced thereby : And it has been held, that any Perfon may remove a Nufance; fo that even the Cutting of a Gate that crofles the Highway is legal. In Cafe two Houses, one of which is a Nuance to the adjoining House, that which is the Nusance may pulled down, tho' none can justify more Damage than is neceffary, &. According to Litt. if a Ship be funk in Port or Haven, and is not removed by the Owner, he may be indicted for a common Nufance, on Account of its being prejudicial to the Common-wealth, in hindering Navigation and Trade. In Ventris it is reported, that one Hall, having begun to build a Booth near Charing Cross, for the Paftime of Rope-dancing, whereby a great Number of idle People were gathered together, the Lord Chief Juftice ordered him not to proceed; but he proceeded notwithflanding, infifting that he had the King's Warrant as well as Promife to keep him harmless; whereupon being required to enter into Recognizance in 300 . that he should not go on with the Work, and he refufing to comply, he was committed, and a Nufance was made tion or Denial of any Thing before Perfons that have Autho rity of adminiftring the fame, in order to difcover and advance Truth and Right, the Perfons fworn calling God to Witness that their Teftimonies are true; and on this Account fuch Oath is termed Sacramentum, a Holy Band or Tie; and it is alfo called a Corporal Oath, for this Reafon, that the Witness, when he fwears, lays his Right-hand on the Book of the Holy Evangelifts, or New Teftament. Nelfon reckons up four Sorts of Oaths, viz. Juramentum Promiffionis, where an Oath is taken to do, or not to do fuch a Thing; Juramentum Purgationis, which is where a Perfon is charged with any Matter by Bill in Equity; Furamentum Probationis, where one is produced as a Witnefs to prove or disprove a Thing; and Juramentum Triationis, where one is fworn to try the Iffue, fuch as a Juror. Where Oaths are adminiftred by Persons not duly authorised, they are Coram non Judice, and confequently void; and, on that Account, the Perfon adminiftring the Oath is guilty of a great Contempt, he doing it without Warrant of Law, and is therefore punishable both with Fine and Imprifonment. A Perfon who is to be Witness in a Cause may have two Oaths adminiftred to him; the one to speak the Truth to what the Court fhali think fit to ask him in Relation to hiunfelf, |