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NEGOCE (fr. negotium, Lat.), business, | mon law, where there has been a subsequent trade, management of affairs. ratification of the acts by the owner; and someNEGOTIABLE INSTRUMENTS, those, times, where unauthorized acts are done, posithe right of action upon which is by exception from the common rule, freely assignable from one to another, such as bills of exchange and promissory notes.

It is not essential, however, to the character of a bill of exchange or promissory note that it should be negotiable, but it is essential to the negotiability of a bill between all persons, except the government, that it should be payable to order or to bearer, or that some other equivalent words should be used, authorizing the payee to assign or transfer the same to third persons, such, for example, as payable "to A. or his agent." Still, however, although not transferable by indorsement, without such words, so as to give an action to the indorsee against other parties to the bill; yet, the indorsement will give an action against the payee himself; because, in legal effect, it amounts to the drawing of a bill in favor of the indorsee against the drawer.

The mode of transfer depends upon the manner in which the bill is originally made negotiable. If it is payable to the bearer, then it may be transferred by mere delivery, the person delivering it ceasing to be deemed a party thereto. But if the bill be originally payable to a person, or his order, there it is properly transferable by indorsement, because, in no other way will the transfer convey the legal title to the holder, so that he can, at law, hold the other parties liable to him, ex directo, whatever may be his remedy in equity. If there be an assignment thereof, without indorsement, the holder will thereby acquire the same rights only as he would acquire upon an assignment of a bill not negotiable. But there is a period, when bills cease altogether to be negotiable, in whose hands soever they may then be, so far as respects the antecedent parties thereto, who would be discharged therefrom by the payment thereof. As if a bill be once paid by the acceptor, after it has become due, it loses all its vitality, and can no longer be negotiable. So if it be dishonored by the acceptor. But bills remain negotiable even after payment, so far as respects the parties, who shall knowingly negotiate the same afterwards; for, in such a case, the negotiation cannot prejudice any other persons, and can only prejudice themselves.-Story on Bills, 220.

Promissory notes were made negotiable by 3 & 4 Anne, c. 9, and 7 Anne, c. 25, and placed in all respects upon the same footing with inland bills of exchange. [Byles on Bills, by Shars

wood.]

NEGOTIATION, treaty of business, whether public or private.

NEGOTIORUM GESTOR, a person who, spontaneously, and without the knowledge or consent of the owner, intermeddles with his property, as to do work on it, or to carry it to another place, &c.

In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract. But the Roman law raises a quasi mandate, by implication, for the benefit of the owner in many of such cases. Nor is an implication of this sort wholly unknown to the com

tive presumptions are made by law for the benefit of particular parties. Thus, if a stranger enter upon a minor's lands, and take the profits, the law will, in many cases, oblige him to account to the minor for the profits as his bailiff; for it will be presumed that he entered to take them in trust for the infant.

As the negotiorum gestor interferes without any actual mandate, there is good reason for requiring him to exert the requisite skill and knowledge to accomplish the object or business which he undertakes; to do everything which is incident to or dependent upon that object or business, and to finish whatever he has begun. Without such an obligation, every person in the community would be at the mercy of ignorant and officious friends.-Story's Bailment, 204. NEIFE, a woman born in villenage. NEIFTY. See NATIVITAS.

NE INJUSTE VEXES, a writ founded on Magna Charta that lay for a tenant distrained by his lord, for more services than he ought to perform; and it was a prohibition to the lord not unjustly to distrain or vex his tenant; in a special use it was where the tenant had prejudiced himself by doing greater services or paying more rent without constraint, than he needed; for, in that case, by reason of the lord's seisin, the tenant could not avoid it by avowry, but was driven to his writ for remedy.-F. Ñ. B. 10. Abolished by 3 & 4 Wm. IV. c. 27, s. 35.

NE LUMINIBUS OFFICIATUR, a servitude restraining the owner of a house from obstructing the light of his neighbor. See Law. NEMBDA (Teut.), a jury.

NEMINE CONTRADICENTE, the phrase to signify the unanimous consent of the members of the House of Commons to a vote or resolution, and it is analogous to the term nemine dissentiente in the House of Peers.

Neminem oportet esse sapientiorem legibus. Co. Litt. 97. (Nobody need be wiser than the laws.)

Nemo admittendus est inhabilitare seipsum. Jenk. Cent. 40. (Nobody is to be admitted to incapacitate himself.)

Nemo agit in seipsum. Jenk. Cent. 40. (No one acts against himself.)

Nemo aliquam partem recte intelligere potest, antequam totum iterum atque iterum perlegit. 3 Co. 59. (No one can properly understand any part of a thing till he has read through the whole again and again.)

Nemo allegans suam turpitudinem est audiendus. Civil Law Maxim. (No one alleging his own baseness is to be heard.)

The courts of law have properly rejected it as a rule of evidence.-7 T. R. 601.

Nemo cogi potest præcise ad factum, sed in id tantum quod interesse. (No person can be compelled precisely to the act, but to that only which interests him.)

Nemo cogitur rem suam vendere, etiam justo pretio. 4 Inst. 275. (No person is obliged to sell his own property, even for the full value.)

Nemo contra factum suum venire potest.' 2

Inst. 66. (No one can come against his own deed.)

Nemo dat qui non habet. Jenk. Cent. 250. (No one gives who possesses not.)

Nemo debet bis puniri pro uno delicto: et Deus, non agit bis in ipsum. 4 Co. 43. (No one should be punished twice for one wrong; and God punishes not twice against himself.)

Nemo debet bis vexari, si constat curiæ quod sit pro unâ et eâdem causa. 5 Co. 61. (No man ought to be twice punished, if it appear to the court that it is for one and the same cause.) Nemo debet ex alienâ jacturâ lucrari. (No person ought to gain by another person's loss.) Nemo debet esse judex in propria causa. 12 Co. 113. (No one should be judge in his own cause.)

In civil actions, the general rule is, that the judgment of a court of concurrent jurisdiction, directly upon the point is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court. The exception to this rule is in the action of ejectment.-5 Selw. N. P. 763.

It is also well established in the criminal law, that when a man is indicted for an offence, and acquitted, he cannot afterwards be indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted upon it by proof of the facts contained in the second indictment.-Arch. Cr. Plead. 88. Nemo debet immiscere se rei alienæ ad se nihil pertinenti. Jenk. Cent. 18. (Nobody should interfere in another's business-in what does not relate to himself.)

potest. Jenk. 237. (No one can do through another what he cannot do through himself.)

Nemo potest habere duas militias nec duas dignitates, quia difficile est ut unus homo vices duorum sustineat. 4 Co. 118. (No one can fill two offices, or two dignities, because it is difficult that one man should fill the places of two.)

Nemo potest plus juris ad alium transferre quam ipse habet. Co. Litt. 309; Wing. 56. (No one can transfer a greater right to another than he himself has.)

Nemo præsumitur alienam posteritatem suæ præetulisse. Wing. 285. (No one is presumed to have preferred another's posterity to his own.) (No one is pre

Nemo præsumitur donare. sumed to give.)

Nemo præsumitur esse immemor suæ æternæ salutis, et maxime in articulo mortis. 6 Co. 76. (No one is presumed to be forgetful of his own eternal welfare; and more particularly in the act of death.)

Nemo præsumitur malus. (No one is presumed bad.)

Nemo præsumitur ludere in extremis. (No one is presumed to trifle at the point of death.) Nemo prohibetur plures negotiationes sive artes exercere. 11 Co. 54. (No one is restrained from exercising several businesses or arts.)

Nemo prohibetur pluribus defensionibus uti. Co. Litt. 304. (No one is restrained from using several defences.)

Nemo prudens punit ut præterita revocentur, sed ut futura præveniantur. 3 Buls. 179. (No wise man punishes, that things done may be revoked, but the future wrongs may be pre

Nemo debet rem suam sine facto aut defectu suo amittere. Co. Litt. 263. (No one should lose his property without his own act or negli-vented.) gence.)

Nemo duobus utatur officiis. 4 Inst. 109. (No one should fill two offices.)

Nemo est hæres viventis. Co. Litt. 8. one is the heir of a living man.)

(No

Nemo ex alterius detrimento fieri debet locupletari. Jenk. Cent. 4. (No man ought to be made rich out of another's injury.)

Nemo punitur pro alieno delicto. Wing. 336. (No one is punished for the crime of another.)

Nemo punitur sine injuriâ, facto, seu defalto. 2 Inst. 287. (No one is punished unless for some injury, deed, or default.)

Nemo redditum invito domino percipere, et possidere potest. Co. Litt. 323. (No one can take and enjoy the rent, against the will of the

Nemo tenetur ad impossibile. Jenk. Cent. 7. (No one is bound to an impossibility.)

Nemo ex dolo suo proprio relevetur, aut aux-lord.) ilium capiat. Jur. Civ. (No one should be relieved or gain an advantage from his own fraud.)

Nemo inauditis nec summonitus condemnari debet, si non sit contumax. Jenk. Cent. 8. (No

man should be condemned unheard and unsummoned, unless for contumacy.)

Nemo militans Deo implicetur secularibus negotiis. Co. Litt. 70. (No man warring for God should be troubled by secular business.) Nemo nascitur artifex. Co. Litt. 97. (No one is born an artificer.)

Nemo patriam in qua natus est exuere nec ligeantia debitum ejurare possit. Co. Litt. 129. (No man can disclaim the country in which he was born, nor abjure the bond of allegiance.) Nemo potest contra recordum verificare per patriam. 2 Inst. 380. (No one can verify by jury against a record.)

Nemo potest esse tenens et dominus. Gilb. Ten 142. (No man can be tenant and lord.) Nemo potest facere per alium, quod per se non

Nemo tenetur armare adversarium contra se. Wing. 665. (No one is bound to arm his adversary against himself.)

Nemo tenetur divinare. 3 Co. 28. (No one is bound to foretell.)

quis scire quod informat. Lane. 110. (No one Nemo tenetur informare qui nescit sed quiswho is ignorant is bound to inform, but every one ought to know what he informs about.)

Nemo tenetur jurare in suam turpitudinem. (No one is bound to testify to his own baseness.)

Nemo tenetur seipsum infortuniis et periculis exponere. Co. Litt. 253. (No one is bound to expose himself to misfortunes and dangers.)

Nemo tenetur seipsum accusare. Wing. 486. (No one is bound to accuse himself.)

Nemo unquam vir magnus fuit, sine aliquo divino afflatu. Cic. (No one was ever a great man without some divine inspiration.)

NEPHEW (fr. nepos, Lat.), the son of a brother or sister.

A nephew, according to the civil law, is in the third degree of consanguinity; but, according to canon law, in the second.

NE RECIPIATUR, a caveat entered by a defendant to prevent a plaintiff from trying his cause at a certain sittings, where the cause is not entered in due time.-R. 43, H. T. 1853.

NE RELESSA PAR (he did not release). NET PROFITS, clear profits beyond all deductions.

NE UNQUES ACCOUPLE IN LOYAL MATRIMONIE, a plea whereby a tenant in the real action of dower, unde nihil, controverts the validity of the demandant's marriage with the person out of whose estate she claims dower. To this plea the demandant must reply that she was accoupled in lawful matrimony at A. in such a diocese, upon which a writ issues to the bishop of such diocese, requiring him to certify the fact to the court.-Co. Ent. 180.

NE UNQUES EXECUTOR OR ADMINISTRATOR, a plea whereby a defendant denies his being executor or administrator. It does not deny the cause of action, but only that the defendant is the personal representative of the testator or intestate. 1 Saund. 207 a.

NE UNQUES SEISIE QUE DOWER, a plea in dower which is often called the general issue, but it does not seem to fall strictly within the definition of that term. It does not, properly speaking, contain any denial or traverse of the count, and must therefore be considered as an anomaly or exception in the system of pleading. The reason is perhaps to be found in the great antiquity of this action of dower, which was in full use, at least as early as the time of Glanville, a period considerably anterior to the complete establishment of the doctrine of issue, and of the rules by which it is produced.-Step. Plead. liv.

NEVER INDEBTED, plea of, a species of traverse which occurs in actions of debt on simple contract, and is resorted to when the defendant means to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of fact from which such contract would by law be implied.

NEW ASSIGNMENT, a form of pleading which sometimes arises from the generality of the declaration, when the complaint not having been set out with sufficient precision, it becomes necessary from the evasiveness of the plea, to re-assign the cause of action with fresh particulars. It is used when a defendant has pleaded to a different matter from that which constitutes the real subject of complaint; and should be framed so as to distinguish the true ground of action from that which is covered by the plea. It most frequently occurs in an action of trespass, as where two assaults have been committed, one of which is justifiable and the other indefensible; or in trespass quare clausum fregit, when the defendant claims a right of way. The obligation occasionally imposed upon a defendant, to plead payment in discharge of the whole or a part of the plaintiff's demand, sometimes renders a new assignment necessary, when a defendant supposes, or affects to suppose, that a debt which has been partially satisfied by payment, is that

for which the action is brought; but it seems the judges have come to a resolution of not allowing new assignments to a general plea of payment.

As the object of a new assignment is to correct a mistake occasioned by the generality of a declaration, it always occurs in answer to a plea, and is, therefore, in the nature of a replication.

The new assignment is delivered to the defendant's attorney or agent, after which the defendant may be compelled within four days to plead to it, in the same manner as upon the original declaration.-C. L. P. A. 1852, ss. 87, 88; 1 Saund. 229; Step. Plead. 253. NEW BRUNSWICK. See 20 & 21 Vict. c. 34.

NEW FOREST, a royal forest in Hampshire, founded by William the Conqueror. See 12 & 13 Vict. c. 81; 14 & 15 Vict. c. 76; 16 & 17 Vict. c. 19; and 17 & 18 Vict. c. 49. NEWFOUNDLAND.

See 5 & 6 Vict. c. 120; 9 & 10 Vict. cc. 3, 45; 10 & 11 Vict. cc. 1, 44; and 12 & 13 Vict. c. 21.

NEW SOUTH WALES and VAN DIEMEN'S LAND, or TASMANIA. See 9 Geo. IV. c. 83; 6 & 7 Wm. IV. c. 46; 7 Wm. IV. & 1 Vict. c. 42; 1 & 2 Vict. c. 50; 2 & 3 Vict. c. 70; 3 & 4 Vict. c. 62; 4 & 5 Vict. c. 44; 5 & 6 Vict. c. 76; 7 & 8 Vict. c. 74; 12 & 13 Vict.cc. 22 & 52; 18 & 19 Vict. cc. 54 & 55, s. 3, and c. 56.

NEW STYLE. See NEW YEAR'S DAY. NEW TRIAL. If any defect of judgment happen from causes wholly extrinsic, i. e. arising from matters foreign to or dehors the record, the only remedy the party injured by it has (except error coram nobis or vobis in some few cases), is by applying to the court for a new trial, which is in substitution of a bill of exceptions. But the court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case, before they will grant a new trial.

The following is a summary of the cases in which a new trial will or will not be granted:

(1.) Mistake, &c., of the judge. If a judge misdirect a jury, even in a penal action, it is, generally, a good ground for a new trial. So if a judge improperly nonsuit a plaintiff. So if a judge admit improper evidence, or reject evidence which ought to be admitted, by which means the result of the trial or inquiry has been different from what it otherwise would have been. An objection to the applicability of evidence must be made before the summing up. Where a bill of exceptions has been tendered, the court will never grant a new trial upon the same point of law, unless the party consent to waive his bill of exceptions.

(2.) Default or misconduct of the officer of the court. As where a cause is, by mistake, entered in a wrong list, and the cause is tried as undefended in the defendant's absence.

(3.) Default or misconduct of the jury. If a juror have been sworn by a wrong surname, and it has been productive of some injustice. If a jury find a verdict contrary to evidence. For excessive damages, but not for the smallness of

the damages, unless it has arisen from some mistake or unfair practice. For the misconduct of the jury, as if they had eaten or drunk at the expense of the party for whom they had afterwards found a verdict; or if they determined their verdict by lots, or if any of them had declared that the plaintiff should never have a verdict. But if the information of such misconduct come from any of the jurors, or from the unsuccessful party, the court will not receive it, although in some degree confirmed by evidence aliunde.

(4.) Absence, &c., of counsel or attorney. The instances are very rare in which the court has granted a new trial where a verdict has been obtained against a party on account of the absence of his counsel, &c.

(5.) Default or misconduct of the opposite party. If a party for whom a verdict is afterwards given, deliver to the jury, after they have left the bar, evidence which had not been adduced in court, a new trial will be granted. So if he have labored the jury, or used improper influence with them. So misleading or taking by surprise the opposite party. So where no notice of trial had been given; but if the defendant appear to defend, this irregularity is waived.

(6.) Default or misconduct of witnesses. The general rule is, that a new trial will not be granted on the ground that evidence has not been given that might have been given at the trial, for the plaintiff ought, if unprepared with his evidence, either to make application to postpone the trial before the jury are sworn, or should withdraw his record and not take the chance of a verdict. The court has granted a new trial where it appeared clearly that the plaintiff's case was a mere fiction supported by perjury, which the defendant could not at the time of the trial be prepared to answer.

(7.) Discovery of new evidence after the trial. A new trial will seldom be granted where a verdict has been given against a party, or a plaintiff has been nonsuited for want of evidence which might have been produced at the trial, because it would tend to introduce perjury. But if new evidence have been discovered after the trial, the court will grant a new trial upon payment of costs, if it be necessary, in order to do justice between the parties, but the discovery of witnesses who can contradict those produced on the former trial, seems to be no ground for a new trial, nor will the court grant a new trial to let a party into a defence of which he was apprised at the first trial.

(8.) Error in pleadings, variance, &c. This will form no ground for a new trial, for a judge might amend, as a general rule, at the trial.

(9.) Where one of several issues, &c., has been wrongly decided. If the court grant a new trial upon this ground, it must extend to all the issues.

(10.) Where the action or defence is trifling or vexatious. The value or amount must be 201. at least, to induce the court to interfere; unless on trials before the sheriff in which the limited sum is 51. or the verdict involve some particular right independent of the damages.

(11.) Where there has been a previous new

trial. If the jury for the second trial find for the party against whom the former verdict was given, the court, if the case be doubtful, or the second verdict do not accord with the justice of the case, may be induced to grant a third trial, but this is entirely in the discretion of the court, even after two concurring verdicts.

(12.) Where leave has been reserved to enter a nonsuit or verdict. The court may, instead of allowing a verdict or nonsuit to be entered, send down the cause for a new trial, if it be more in accordance with the justice of the case.

(13.) Where a party has been taken by surprise.

A new trial may be awarded for the same causes, after writ of trial and inquiry before the sheriff, as after a verdict. And so in penal actions. Also, in actions of ejectment, if verdict found for the plaintiff; but where the verdict is for the defendant, the court will seldom grant a new trial, because the plaintiff may, if he will, bring a new action. In replevin where the verdict is for the plaintiff, the court will be more cautious in granting a new trial than in other actions, and will not grant it unless upon very clear grounds; for the landlord has other remedies for his rent, and a new trial will renew the liability of the sureties.

The motion for a rule to show cause why a verdict should not be set aside and a new trial granted, is made in the court in which the action is pending, unless in the case of an issue out of Chancery, when it is made to the court directing it. The motion is made by the party aggrieved by the first trial. One or more of several defendants may move. The motion for the rule nisi must be made within four days from the day of trial, if the cause be tried in term; but if the cause be tried in vacation, then within the four first days of the term next after the trial, unless entered in a list of postponed motions by leave of the court.

A new trial cannot, in general, be moved for after a motion in arrest of judgment, nor after error brought.

When the case is called on for argument, and it is necessary to do so, the judge who tried the cause, or, if it were tried by a judge of another court, the junior puisnè judge will read his report of the trial; after which the counsel on the opposite side show cause against the rule; the counsel for the party who moved for the rule nisi speak in support of it, and the court then state their opinion, either discharging or making absolute the rule.

If the court make the rule absolute, they may do so upon terms, if necessary; such as that witnesses infirm or going beyond sea may be examined upon interrogatories, or that their evidence may be read from the judge's notes of the first trial; that certain deeds, books, papers, &c., may be produced at the trial, that certain facts, not intended to be litigated, may be admitted, or that the party may make discovery of certain facts upon oath, in order to prevent the necessity of having recourse to a bill of discovery in equity for it.

The party obtaining the rule is not bound to proceed to the new trial in any limited time, but if the plaintiff do not proceed to the second

trial, the defendant may carry down the record by proviso, after the next term or assizes from that in which the new trial was granted.

It is entirely in the discretion of the court whether they will oblige the party applying for a new trial to pay costs as a condition precedent to his proceeding to a second trial. If a new trial be granted upon a ground not opened upon the first trial, it will be upon payment of costs. If a new trial be granted without any mention of costs in the rule, the costs of the first trial shall not be allowed to the successful party, though he succeed on the second. Where the costs are ordered to abide the event of the second trial, if the same party succeed on both trials, he shall have the costs of the first as well as the second. By "the event of the second trial," is meant the ultimate event of the cause; and, therefore, if the verdict at the second trial be set aside, and on the third trial the ultimate event be the same as on the first trial, the party will be entitled to the costs of the first trial. In all cases of motion for a new trial upon the ground that the judge has not ruled according to law, if the rule to show cause be refused, or if granted be then discharged or made absolute, the party decided against may appeal, provided, any one of the judges dissent fron the rule being refused, or when granted, being discharged or made absolute, as the case may be, or provided the court in its discretion think fit that an appeal should be allowed; provided, that where the application for a new trial is upon matter of discretion only, as on the ground that the verdict was against the weight of evidence or otherwise, no such appeal shall be allowed.-C. L. P. A. 1854. s. 35; and see s. 44; 2 Chit. Arch. Prac. by Pren. 1449. [Troubat & Haly's Practice; Graham on New Trials.]

NEW YEAR'S DAY, the first of January, and the day on which is commemorated the circumcision of the Saviour, as being the eighth from the 25th of December, his supposed day of nativity. The 25th of March was the civil and legal New Year's Day, till the alteration of the style in 1752, when it was permanently fixed to the 1st January.

In Scotland, the year was, by a proclamation which bears date 27th November, 1599, ordered thenceforth to commence in that kingdom on the 1st January instead of the 25th March.Encyc. Lond.

NEWGATE, Delivery of. See CENTRAL CRI

MINAL COURT.

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stamped with the duty provided by 13 & 14 Vict. c. 97, except for the purpose of their transmission by post, free of charge.

NEW ZEALAND, Bishopric of, constituted by 15 & 16 Vict. c. 88.

NEW ZEALAND ISLANDS. See 3 & 4 Vict. c. 62; 9 & 10 Vict. c. 103; 10 & 11 Vict. c. 112; 11 & 12 Vict. c. 5; 12 & 13 Vict. c. 79; 13 & 14 Vict. c. 70; 14 & 15 Vict. cc. 84, 86; 15 & 16 Vict. c. 72; 20 & 21 Vict. cc. 51, 52, 53. NEXI, among the Romans, persons free-born, who, for debt, were delivered bound to their cre ditor, and obliged to serve him until they could pay the debt.

NEXT FRIEND. At law, an infant having a guardian, may sue by his guardian, as such, or by his next friend, though he must always defend by his guardian. In equity, he sues by next friend, and not by guardian, and defends by guardian ad litem.

A feme covert, if her husband is banished, or has abjured the realm, or has been transported for felony, may, both at law and in equity, maintain a suit in her own name as a feme sole, but generally she cannot sue, either at law or in equity, unless her husband be joined. But in equity, if her husband's interest be adverse to her, or where the suit relates exclusively to her separate estate, then she sues by her next friend. But in this respect she is differently placed from an infant; for no person can exhibit a bill as her next friend without her consent; whereas an infant's consent to a bill filed in his name is not necessary. The next friend of an infant is prima facie liable to the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly, but the next friend of a feme covert does not incur the like responsibility.

Idiots and lunatics, found such by inquisition, sue by the committee of their estate.

NEXT OF KIN. See KINDRED. NEXUM, the transfer of ownership of a thing or the mortgage of it.-Civ. Law.

NICOLE, an ancient name for Lincoln.Cowel.

NIDERLING, NIDERING, or NITHING, a vile, base person, or sluggard; chicken-hearted. -Spelm.

NIECE (fr. neptis, Lat.), the daughter of a brother or sister. See NEPHEW, as to the degree of consanguinity. NIEF.

See NEIFE.

NIENT COMPRISE (not contained), an exdesired is not contained in the deed or proceedception taken to a petition, because the thing ing upon which the petition is founded.

NIENT CULPABLE (not guilty), a plea in criminal prosecutions.

suffer judgment by not denying or opposing it, NIENT DEDIRE (to disown nothing), to i. e. by default.

NIENT LE FAIT (not his deed).

NIGER LIBER, the black book or register in the Exchequer; chartularies of abbeys, cathedrals, &c.

NIGHT, that period of time when it is so dark that the countenance of a person cannot be discerned.

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