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Non acceptavit
Non acceptavitThe name of a plea to an action of assumpsit brought against the drawee of a bill of exchange upon a supposed acceptance by him. RELATED TERMS-------------------------------------- Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Plea 1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Assumpsit Contracts. An undertaking either express or implied, to perform a parol agreement. Drawee A person to whom a bill of exchange is addressed, and who is requested to pay the amount of money therein mentioned. Bill 1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty. Acceptance One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct. SIMILAR TERMS-------------------------------------- Non access The non existence of sexual intercourse is generally expressed by the words " non access of the husband to the wife which expressions, in a case of bastardy, are understood to mean the same thing. Non age By this term is understood that period of life from the birth till the arrival of twenty-one years. In another sense it means under the proper age to be of ability to do a particular thing; as, when non age is applied to one under the age of fourteen, who is unable to marry. Non assumpsit Pleading. The general issue in trespass on the case, in the species of assumpsit. Its form is, "And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he did not undertake or promise in manner and form as the said A B, hath above complained. And of this he puts himself upon the country." Non assumpsit infra sex annos The name of a plea by which the defendant avers that he did not assume to perform the assumption charged in the declaration within six years. Non bis in idem Civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried. Non claim An omission or neglect by one entitled to make a demand within the time limited by law; as, when a continual claim ought to be made, a neglect to make such claim within a year aud a day. Non compos mentis Persons. These words signify not of sound mind, memory, or understanding. This is a generic term, and includes all the species of madness, whether it arise from, 1, idiocy; 2, sickness 3, lunacy or 4, drunkenness. Non compus mentis (United Kingdom) Not of sound mind and understanding. Non concessit English law. The name of a plea by which the defendant denies that the crown granted to the plaintiff by letters patent, the rights which he claims as a concession from the king; as, for example, when a plaintiff sues another for the infringement of his patent right, the defendant way deny that the crown has granted him such a right. Non conformists english law English law. A name given to certain dissenters from the rites and ceremonies of the church of England. Non constat It does not appear. These words are frequently used, particularly in argument; as, it was moved in arrest of judgment that the declaration was not good, because non constat whether A B was seventeen years of age when the action was commenced. Non culpabilis Pleading. Not guilty. It is usually abbreviated non cul. Non damnificatus Pleading. A plea to an action of debt on a bond of indemnity, by which the defendant asserts that the plaintiff has received no damage; in other words that he is not damnified. Non dedit Pleading. The general issue in formedom Non demisit Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease. Non detinet Pleading. The general issue in an action of detinue. Its form is as follows:: And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not detain the said goods and chattels (or, deeds and writings,' according to the subject of the action,) in the said declaration specified, or any part thereof, in manner and form as the said A B bath above complained. And of this the said C D puts himself upon the country." Non es factum Pleading. The general issue in debt on bond or other specialty, and is, in form, as follows: I " And the said C D, by E F, his attorney, conies and defends the wrong and injury, when, &c., and says, that the said supposed writing obligatory, (or 'indenture,' or 'articles of agreement,' according to the subject of the action,) is not his deed. And of this he puts himself upon the country." Non est factum (United Kingdom) It is not his deed. Non est inventus Practice. The sheriff's return to a writ requiring him to ,arrest the person of the defendant, which signifies that he is not to be found within his jurisdiction. The return is usually abbreviated. Non feasance Torts, contracts. The non-performance of some act which ought to be performed. Non fecit He did not make it. The name of a plea, for example, in an action of assumpsit on a promissory note Non fecit vastum contra prohibitionem The name of a plea to an action founded on a writ of estrepement, that the defendant did not commit waste contrary to the prohibition. Non infregit conventionem Pleading. A plea in an action of covenant. This plea is not a general issue, it merely denies that the defendant has broken the covenants on which he is sued. It being in the negative, it cannot be used where the breach is also in the negative. Non joinder Pleading, practice. The omission of some one of the persons who ought to have been made a plaintiff or defendant along with others is called a non joinder. Non jurors English law. Persons who refuse to take the oaths, required by law, to support the government. Non liquet It is not clear. Non moderate castigavit The name of a faulty replication to a plea of moderate castigavit.This replication, in such a case, is a negative. pregnant. Non obstante English law. These words, which literally signify notwithstanding, are used to express the act of the English king, by which he dispenses with the law, that is, authorizes its violation. Non obstante veredicto Notwithstanding the verdict. Non omittas English practice. The name of a writ directed to the sheriff Where the bailiff of a liberty or franchise, who has the return of writs, neglects or refuses to serve a process, this writ issues commanding the sheriff to enter into the franchise and execute the process himself, or by bis officer, non omittas propter aliquam libertatem. For the despatch of business a non omittas is commonly directed in the first instance. Non pros The name of a judgment rendered against a plaintiff for neglecting to prosecute his suit agreeably to law and the rules of the court. Non residence Ecclesiastical law. The absence of spiritual persons from their benefices. Non sequitur (United Kingdom) An inconsistent statement, it does not follow. Non submissit The name of a plea to an action of debt or a bond to perform an award, by which the defendant pleads that he did not submit. Non suit The name of a judgment given against a plaintiff, when be is unable to prove his case, or when he refuses or neglects to proceed to the trial of a cause after it has been put at issue, without determining such issue. Non sum informatus Pleading. I am not informed. Non tenent insimul Pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which is the subject of the suit, together with the complainant or plaintiff. Non tenuit He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed for rent arrear, by which the plaintiff avows that he did not hold in manner and form as the avowry alleges. Non tenure Pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration. Non term The vacation between two terms of a court. PREVIOUS AND NEXT TERMS-------------------------------------- Nominate contract Civil law. Nominate contracts are those which have a particular name to distinguish them; as, purchase and sale, hiring, partnership, loan for use, deposit, and the like. Innominate contracts are those which have no particular name. Nomination 1) An appointment; as, I nominate A B, executor of this my last will. 2) A proposition; the word nominate is used in this sense in the constitution of the United States, the president "shall nominate, and by and with the consent of the senate, shall appoint ambassadors," Nomine poenae Contracts. The name of a penalty incurred by the lessee to the lessor, for the non-payment of rent at the day appointed by the lease or agreement for its payment. It is usually a gross sum of money, though it may be any thing else, appointed to be paid by the tenant to the reversioner, if the duties are in arrear, in addition to the duties themselves. Nominee One who has been named or proposed for an office. NON. Not. When prefixed to other words, it is used as a negative as non access, non assumpsit. Non Not. When prefixed to other words, it is used as a negative as non access, non assumpsit. Non acceptavit Non access The non existence of sexual intercourse is generally expressed by the words " non access of the husband to the wife which expressions, in a case of bastardy, are understood to mean the same thing. Non age By this term is understood that period of life from the birth till the arrival of twenty-one years. In another sense it means under the proper age to be of ability to do a particular thing; as, when non age is applied to one under the age of fourteen, who is unable to marry. Non assumpsit Pleading. The general issue in trespass on the case, in the species of assumpsit. Its form is, "And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says, that he did not undertake or promise in manner and form as the said A B, hath above complained. And of this he puts himself upon the country." Non assumpsit infra sex annos The name of a plea by which the defendant avers that he did not assume to perform the assumption charged in the declaration within six years. Non bis in idem Civil law. This phrase signifies that no one shall be twice tried for the same offence; that is, that when a party accused has been once tried by a tribunal in the last resort, and either convicted or acquitted, he shall not again be tried. We thank you for using the Juridical Dictionary to search for Non acceptavit. If you have a better definition for Non acceptavit than the one presented here, please let us know by making use of the suggest a term option. This definition of Non acceptavit may be disputed by other professionals. 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