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used in entering up the judgment, non prosequitur sectam, &c. A nonsuit is not a bar to a subsequent action as a retraxit is. 3 Bl. Com. 295-6. Tidd. Prac. 412. 2 Lill. Prac. Reg. 292.

Non sum informatus, is when the defendant's attorney declares that he is not informed of any thing to say in answer to the plaintiff, or in defence of his client. 3 Bl. Com. 396.

Nudum pactum, a bare naked agreement without any consideration (T. L. 518.) When an agreement in writing will be deemed a NUDE CONTRACT, and when not, see 2 Bl. Com. 446, Cristian's note (4.) Fonb. Eq. B. 1. c. 5. s. 1. note (a). 2 H. & M. 124. And, upon an agreement to pay the debt of another, the agreement itself must not only be in writing, but the consideration must be stated. 5 East 10. cited in 1 Comy. on Cont. 103.

Nulla bona, the return of the sheriff that the defendant has no goods within his bailiwick.

Nul tiel record, “there is no such record." See 3 Bl. Com. 331.

Nunc pro tunc, is when the court, under certain circumstances, permit a judgment to be entered at a subsequent term, now for then. When it will be granted, and when not, see Tidd. Prac. 438. 473-4. 846-7.858.

O.

Office (officium) signifies not only that function by virtue of which a man has some employment, but also an inquisition. Hence we often read of an office found; which is nothing but a finding by inquisition made ex officio. Cow. Int.

Onus probandi, "the burden of proof."

Ouster le maine, is properly the judgment given on a monstrans de droit, when the right is found, on a traverse, to be against the commonwealth. A writ then issues to the escheator that the commonwealth's hands be amoved (amoveas manum) which is as much as if judgment were given that the party should have his lands again.

T.L. 522.

Outlawry, is putting a man out of the protection of the law; and is now nothing more than a process to compel an appearance. See title "Exigent" and 3 Bl. Com. 283–4. A woman is said to be waived, and not outlawed. See T. L. 663.

Oyer, when either the plaintiff in his declaration, or the defendant in his plea, necessarily makes a profert in curia, of any deed, &c. the adverse party may demand oyer of it, that is to hear it read; and such demand must be complied with before he can be compelled to plead, or reply, as the case may be. If either party wish to take advantage of any defect in the deed, &c. it must be spread on the record by oyer. (See, on this subject, Tidd. Prac. 526.) The defendant may also have oyer of the writ in order to plead a variance between the writ and declaration (2 Lill. Prac. Reg. 336-7.) But this practice having been abused, the court of king's bench in England have, by a rule of court, disallowed it (see Tidd. Prac, 529. Lawe's Plead. 97.) This rule applies, however, only where it is specially adopted.

Oyer and Terminer, are courts constituted with power to hear and determine treasons, felonies, and misdemeanors. 4 Bl. Com. 269.

Oyez, "hear ye." A ceremony used by the cryer or sheriff in opening a court, vulgarly pronounced "O yes." 4 Bl. Com. 340. note.

P.

Pais, "country." Thus trials per pais, " trials by the country" or jury; in pais, "in the country," not in the record.

Paraphernalia (from the Greek Пagά, præter, and Degri, dos) signifies, in law, those goods which a wife claims over and above her dower, or jointure, after her husband's death; as furniture for her chamber, wearing apparel, jewels, &c. suitable to the estate of her husband, which are not to be put into the inventory of his estate. See Toll. L. Ex. 178.

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Parol, “ verbal," or a mere written contract, which is not a specialty, or under seal. See 2 Bl. Com. 446. Christ, note (4). 7 Term Rep. 350. note (a).

Parol demurrer, is a privilege allowed to an infant only, when sued as heir, on the obligation of his ancestor, &c.; in which case the proceedings shall be stayed till he come of age. But the parol shall not demur for infancy in a writ of dower (2 Lill. Prac. Reg. 354. Tidd. Prac. 589-80. 1033. 1121.) And, by the laws of Virginia, the parol shall not demurr, on account of infancy, in any case whatever. 1 Rev. Code 383.

Pendente lite, "while the suit is depending.”

Pernancy, the receipt of profits. Thus, he who receives the profits of land, is called the pernor of the profits. T. L. 535.

Per quod," by which," are words relating to any special damage. Plene administravit, a plea by an executor or administrator, that he had fully administered the assets of his testator or intestate.

Pluries, a third or further writ which issues after an alias, commanding the sheriff, as often before he had been commanded, to take the defendant, &c. sicut pluries præcipimus. 3 Bl. Com. 283.

Popular actions, are those which are given to the informer, or the people at large, on a penal statute. 3 Bl. Com. 161.

Posse Comitatus, is the power which a sheriff has to take the power of the county to assist him in the execution of process. 1 Bl. Com. 343. Food's Inst. 71.

Postea, is the entry of the verdict, nonsuit, &c. on the back of the record of nisi prius; which entry, from the Latin word it began with, is called the postea, “afterwards," &c. Tidd. Prac. 811.

Precipe, is the term generally used for one of the original writs, as a præcipe quod reddat, for lands, debt, &c. (T. L. 546. 3 Bl. Com. 274.) It is also used as the note of instructions given by the plaintiff's attorney to the clerk. Tidd. Prac, 81.

Procedendo, is a writ directed to judges of an inferior court commanding them to proceed in a cause, which had been improperly removed from before them by some former writ. See Tidd. Prac. 346.

Prochein amy, Fr. Proximus amicus, Lat. An infant may sue by his next friend, or by his guardian; but mut defend by his guardian, who is assigned by the court for that purpose. F. N. B. 63. [27].

Profert in curia, is where the plaintiff declares upon a deed, or the defendant pleads a deed, he must do it by producing it in court (2 Lill. Prac. Reg. 470.) Unless the deed be lost, and then it may be pleaded without a profert (Tidd. Prac. 395.) So, it is usual for executors and administrators, in declarations, to make a profert of the letters testamentary, or of administration. Tidd. Prac. 1042.

Puis darrien continuance, is where new matter of defence has arisen since the last adjournment, which the defendant had it not in his power to plead before, the court will permit him to plead it in this form; but it will not be permitted if any continuance of the cause has intervened since the arising of this new matter. 3 Bl. Com. 317.

Q.

Quantum meruit.....Quantum valebant, are counts on an implied assumpsit; the former properly signifying as much as the plaintiff deserved to have, for services, &c. rendered, and the latter, as much as goods, &c. were worth, where there was no stipulated price agreed on. See 3 Bl. Com. 162-3. Tidd. Prac. 3.

Quarantine, the term of forty days. It is generally applied to the time the widow is permitted to occupy the mansion house, before dower is assigned; or, to the time vessels coming from infected places must remain, before they can enter a port.

Quare clausum fregit. See clausum fregit.

Qui tam actions, are those on a penal statute, where part of the penalty is given to one, and the other to another. They are called qui tam, from some of the initial words, while the proceedings were in Latin; the suit being brought for a person, "qui tam," &c. who as well for the commonwealth, &c. quam pro se ipso, &c. as for himself, &c. sues. 3 Bl. Com. 162-3.

Quoad hoc, is often used in law pleadings and arguments to signify, as to the thing named, the law is so and so, &c.

Quod cum, in the commencement of a declaration while the proceedings were in Latin, has been generally translated "for that whereas."

Quorum, is taken from a word anciently used in commissions of justices of the peace. Thus a commission issued to certain persons, authorising them to hold courts, &c. of whom quorum) such and such particular persons are always to be one. The persons thus specified were called justices of the quorum.

R.

Reddendum, is a clause in a deed, whereby the grantor reserves some new thing to himself out of what he had before granted, as "rendering rent," &c.

Rejoinder, is the defendant's answer to the plantiff's replication, and

ought to follow and inforce the defendant's plea; otherwise it is a de-parture, which the law will not allow Co. Lit, 304. a.

Repleader, is where the pleadings have not brought the matter in issue which was to have been tried (2 Lill. Prac. Reg. 564.) Or, where issue is joined upon a fact totally immaterial or insufficient to determine the right; in which case the court, after verdict, will award a repleader, that is, that the parties plead again. 3 Bl. Com. 395. 1 Burr. 304.

Replication, is the exception or answer made to the defendant's plea. For if the plea made by the defendant doth not amount to an issue, or total contradiction of the declaration, but only evades it, the plaintiff may reply, either traversing the plea, that is, denying it, or allege new matter in contradiction to the defendant's plea (3 Bl. Com. 309.) But the replication must pursue the plaintiff's cause of action stated in his declaration. Co. Lit. 104 a.

Respondeas ouster, is the judgment that the defendant answer over, in some better manner, after a dilatory plea overruled. 3 Bl. Com

303.

Retraxit, is where the party, in his proper person, comes into court, and saith he will not proceed further with his cause. This is a bar to the action forever. But a retraxit cannot be before a declaration is filed, for it would then be but a nonsuit. An attorney cannot enter a retraxit. 2 Lill. Prac. Reg. 582.

S.

Scilicet (sc.) the same as videlicet (viz.) " to wit,” or “that is to say.” See Hob. 171-2.

Scire facias, is a judicial writ founded on some matter of record, as a recognizance, judgment, &c. and issues to shew cause why execution should not be obtained. It also lies for other purposes, as to repeal letters patent, hear errors, &c. Tidd. Prac. 982. T. L. 606. Cow. Int.

Se defendendo, “in self defence.”
Simul cum, 66 together with."

Solvit ad diem, "payment at the day.”

Solvit post diem, "payment after the day." When it must be pleaded, see Tidd. Prac. 20.

Son assault demesne, is a justification in assault and battery, that it was the plaintiff's own original assault. 3 Bl. Com. 120. 306.

Stirpes. Distribution or succession per stirpes, is where the estate goes in right of representation. 2 Bl. Com. 577.217.

Subpana, is a process to cause witnesses to appear, and give testimony, or a defendant in chancery to answer a bill (sub pæna) under a penalty, fo disobedience.

Subpana duces tecum, is a process of subpana with a special clause inserted in it, commanding the witness to bring with him, some deed or writing necessary to be produced at the trial

But if deeds, &c. be

in the possession of the adverse party, notice should be given to produce them. See Tidd. Prac. 735-6.

Summons and severance, is where a writ of error is brought in the name of several parties, and some refuse to appear and assign errors, they must be summoned and severed; before the writ of error can proceed. Tidd Prac. 1054.

Supersedeas, is a writ that lies in a great many cases, and signifies in general a command to stay proceedings, on good cause shewn, which ought otherwise to proceed. F. N. B. 537.

T.

Tales de circumstantibus, is the supplying the place of those jurors who are summoned on an inquest, and either make default of appearance, or are challenged, as not being indifferent. In this case, the sheriff is authorised to make up the number of such men there preşent as are equal in reputation to those empanelled. T. L. 628. Torts, " wrongs."

Tout temps prist, is a plea to an action, whereby after tender and refusal of a debt, the defendant acknowledges the debt, and pleads the tender; adding that he has always been ready (tout temps prist) and still is ready (uncore prist) to discharge it. 3 Bl. Com. 303.

Traverse, is a denial, in pleading. But it is more particularly applied to a denial of a matter of fact found by office or inquisition. See 3 Bl. Com. 260.

U.

Uncore prist, in a plea of tender, means that the defendant is still ready to pay.

Unde nihil habet, in a writ of dower, is where a widow claims dower of lands, whereof she hath nothing.

V.

Vadium mortuum, “a dead filedge” or mortgage.

2 Bl. Com. 157.

Vadium vivum, “a living pledge." 2 Bl. Com 157. Venditioni exponas, is a writ of execution directed to the sheriff, commanding him to expose to sale goods taken in execution, and remaining in his hands unsold. Cow. Int.

Venire facias, is either a process by which a jury is awarded in a civil action, or that which issues in the nature of a summons, to cause the party to appear and answer an indictment or presentment. 3 Bl. Com. 352. 4 Bl. Com. 318.

Ventre inspiciendo, a writ de, is a writ issued at the instance of the presumptive heir, to ascertain whether a widow be with child, who affects to be so, in order to produce a suppositious heir to the estate. 1 Bl. Com. 456.

Ventre sa mere, an infant in, is a child in the mother's womb. 1 Bl. Com. 130.

Venue (vicenetum) is the place or neighbourhood where the cause of action accrued, which must be stated in the pleadings, and is called laying the venue. In real actions the venue is local; in personal, it is transitory.

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