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Non feasance
Non feasanceTorts, contracts. The non-performance of some act which ought to be performed. SIMILAR TERMS-------------------------------------- Non acceptavit The name of a plea to an action of assumpsit brought against the drawee of a bill of exchange upon a supposed acceptance by him. 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 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-------------------------------------- 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 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. We thank you for using the Juridical Dictionary to search for Non feasance. If you have a better definition for Non feasance than the one presented here, please let us know by making use of the suggest a term option. This definition of Non feasance may be disputed by other professionals. Our attempt is to provide easy definitions on Non feasance and any other medical topic for the public at large.
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