NEWSPAPERS. Papers for conveying news, printed and distributed
2. To encourage their circulation the act of congress of March 3, 1825, 3
Story's L. U. S. 1994, enacts, 29. That every printer of newspapers may rend one
paper to each and every other printer of newspapers within the United States,
free of postage, under such regulations as the postmaster general shall
3. - 30. That all newspapers conveyed in the mail shall be under cover, open
at one end, and charged with the postage of one cent each, for any distance not
more than one hundred miles, and one and a half cents for any greater distance:
Provided That the postage of a single newspaper, from any one place to another,
in the same state, shall not exceed one cent, and the postmaster general shall
require those who receive newspapers by post, to pay always the amount of one
quarter's postage in advance; and should the publisher of any newspaper, after
being three mouths previously notified that his paper is not taken out of the
office, to which it is sent for delivery, continue to forward such paper in the
mail, the postmaster to whose office such paper is sent, may dispose of the same
for the postage, unless the publisher shall pay it. If any person employed in
any department of the post office, shall improperly detain, delay, embezzle, or
destroy any newspaper, or shall permit any other person to do the like, or shall
open or permit any other to open, any mail, or packet of newspapers, not
directed to the office where he is employed, such offender shall, on conviction
thereof, forfeit a sum, not exceeding fifty dollars, for every such offence. And
if any other person shall open any mail or packet of newspapers, or shall
embezzle or destroy the same, not - being directed to such person, or not being
authorized to receive or open the same, such offender shall, on the conviction
thereof, pay a sum not exceeding twenty dollars for every such offence. And if
any person shall take, or steal, any packet, bag, or mail of newspapers, from,
or out of any post office, or from any person having custody thereof, such
person shall, on conviction, be imprisoned, not exceeding three mouths, for
every, such offence, to be kept at hard labor during the period of such
imprisonment. If any person shall enclose or conceal a letter, or other thing,
or any memorandum in writing, in a newspaper, pamphlet, or magazine, or in any
package of newspapers, pamphlets, or magazines, or make any writing or
memorandum thereon, which he shall have delivered into any post office, or to
any persou for that purpose, in order that the same may be carried by post, free
of letter postage, he shall forfeit the sum of five dollars for every such
offence; and the letter, newspaper, package, memorandum, or other thing, shall
not be delivered to the person to whom it is directed, until the amount of
single letter postage is paid for each article of which the package is composed.
No newspapers shall be received by the postmasters, to be conveyed by post,
unless they are sufficiently dried and enclosed in proper wrappers, on which,
besides the direction, shall be noted the number of papers which are enclosed
for subscribers, and the number for printers: Provided, That the number need hot
be endorsed, if the publisher shall agree to furnish the postmaster, at the
close of each quarter, a certified statement of the number of papers sent in the
mail, chargeable with postage. The postmaster general, in any contract he may
enter into for the conveyance of the mail, may authorize the person with whom
such contract is to be made, to carry newspapers, magazines, and pamphlets,
other than those conveyed in the mail: Provided, That no preference shall be
given to the publisher of one newspaper over that of another, in the same place.
When the mode of conveyance, and size of the mail, will admit of it, such
magazines and pamphlets as are published periodically, may be transported in the
mail, to subscribers, at one and a half cents a sheet, for any distance riot
exceeding one hundred miles, and two and a half cents for any greater distance.
And such magazines and pamphlets as are not published periodically, if sent in
the mail, shall be charged with a postage of four cents on each sheet, for any
distance not exceeding one hundred miles, and six cents for any greater
distance. By the act of March 3, 1851, c. 20, s. 2, it is enacted, That all
newspapers not exceeding three ounces in weight sent from the office of
publication to actual and bona fide subscribers, shall be charged with postage
is follows, to wit weekly only, within the county where published, free; for any
distance not exceeding fifty miles out of the county, five cents per quarter;
exceeding fifty, and not exceeding three hundred miles, ten cents per quarter;
exceeding three bundred and not exceeding one thousand miles, fifteen cents per
quarter; exceeding one thousand and not exceeding two thousand miles, twenty
cents per quarter exceeding two thousand and not exceeding four thousand,
twenty-five cents per quarter; exceeding four thousand miles, thirty cents per
quarter; newspapers published monthly, sent to actual and bona fide subscribers,
one-fourth the foregoing rates; published semi-monthly, one-half the foregoing
rates; semi-weekly, double those rates; tri-weekly, treble those rates; and
oftener than tri-weekly, five times those rates; Provided, That newspapers not
containing over three hundred square inches may be transmitted at one-fourth the
above rates. See, as to other newspapers, Postage.
NEXT FRIEND. One who, without being regularly appointed guardian, acts
for the benefit of an infant, married woman, or other person, not sui juris.
Vide Amy; Prochein Amy.
NEXT OF KIN. This term is used to signify the relations of a party who
has died intestate.
2. In general no one comes within this term who is not included in the
provisions of the statutes of distribution. 3 Atk. 422, 761; 1 Ves. sen. 84. A
wife cannot, in general, claim as next of kin of her husband, nor a husband as
next of kin of his wife. But when there are circumstances in a will which induce
a belief of an intention to include them under this term, they will be so
considered, though in the ordinary sense of the word, they are not. Hov. Fr.
288, 9; 1 My. & Keen, 82. Vide Branch; Kindred; Line.
NEXUM, Rom. civ. law. Viewed as to its object and legal effect, nexum
was either the transfer of the ownership of a thing, or the transfer of a thing
to a creditor as a security. Accordingly in one sense nexum included mancipium,
in another sense mancipium and nexum are opposed in the same way in which sale
and mortgage or pledge are opposed. The formal part of both transactions
consisted in a transfer per Des et libram. The person who became nexus by the
effect of a nexum, placed himself in a servile condition, not becoming a slave,
his ingenuitas being only in suspense, and was said nexum inire. The phrases
nexi datio, nexi liberatio, respectively express the contracting and the release
from the obligation.
2. The Roman law, as to the payment of borrowed money, was very strict. A
curious passage of Gellius (xx. 1) gives us the ancient mode of legal procedure
in the case of debt as fixed by the Twelve Tables. If the debtor admitted the
debt, or bad been condemned in the amount of the debt by a judex, he had thirty
days allowed him for payment. At the expiration of this time he was liable to
the manus. injectio, and ultimately to be assigned over to the creditor
(addictus) by the sentence of the praetor. The creditor was required to keep him
for sixty days in chains, during which time he publicly exposed the debtor, on
three nundinae, and proclaimed the amount of bis debt. If no person released the
prisoner by paying the debt, the creditor might sell him as a slave or put him
to death. If there were several debtors, the letter of the law allowed them to
cut the debtor in pieces, and take their share of his body in proportion to
their debt. Gellius says that there was no instance of a creditor ever having
adopted this extreme mode of satisfying his debt. But the creditor might treat
the debtor, who was addictus, as a slave, and compel him to work out his debt,
and the treatment was often very severe. In this passage Gellius does not speak
of nexi but only of addicti, which is sometimes alleged as evidence of the
identity of nbxus and addictus, but it proves no such identity. If a nexus is
what he is here supposed to be, the laws of the Twelve Tables could not apply;
for when a man became nexus with respect to one creditor, he could not become
nexus to another; and if he became nexus to several at once, in this case the
creditors must abide by their contract in taking a joint security. This law of
the Twelve Tables only applied to the case of a debtor being @igned over by a
judicial sentence to several debtors, and it provided for a settlement of their
conflicting claims. The precise condition of a nexus has, however, been a
subject of much dinussion among scholars. Smith, Dict. Rom. & Gr. Antiq. h.
v., and vide Mancipitem.
NIECE, domestic relations: The daughter of a person's brother or
sister. Amb. 514; 1 Jacob's Ch. R. 207.
NIEF, old Eng. law. A woman born in vassalage. In Latin she was called
NIENT COMPRISE. Not included. It is an exception taken to a petition,
because the thing desired is not contained in that deed or proceeding wltereoia
the petition is founded. Touil. Law Dict.
NIENT CULPABLE. Nof guilty the name of a plea used to deny any charge
of ao r@al nature, or of a tort.
NIE'@QT DEDIRE. To say nothing.
2. These words are used to signify that judgment be rendered ag@ a party,
because he does not deny the cause of action, i. e. by default.
3. When a fair and impartial trial cannot be had in the county where the
venue is laid, the practice in the English courts is, on an affidavit of the
eirculustances, to change it in transitory actions; or in local actions they
will give leave to enter a suggestion on the roll, with a nient dedire, in order
to have the trial in another country. 1 Tidd's Pr. 655, 8th ed.
NIENT LE FAIT, pleading. The same as non est factum, a plea by which
the defendant asserts that the deed declared upon is not his deed.
NIGHT. That space of time during which the sun is below the horizon of
the earth, except, that short space which precedes its rising and follows its
setting, during which, by its light, the countenance of a man may be discerned.
I Hale, P. C. 550; 3 Inst. 63; 4 Bl. Com. 224; 1 Hawk. P. C. 101; 3 Chit. Cr-
Law, 1093; 2 Leach, 710; Bac. Ab. Burglary, D; 2 East, P. C. 509; 2 Russ. Cr.
32; Rosc. Cr. Ev. 278; 7 Dane's Ab. 134.
NIGHT WALKERS. Persons who sleep by day and walk by niggt 5 E. Ill. c.
14; that is, persons of suspicious appearance and demeanor, who walk by
2. Watchmen may undoubtedly arrest them, and it is said that private persons
may also do so. 2 Hawk. P. C. 120; but see 3 Taunt. 14,; Ham. N. P. 135. Vide 15
Vin. Ab. 655; Dane's Ab. Index, h. t.
NIHIL CAPIAT PER BREVE, practice. That he take nothing by his writ.
This is the judgment against the plaintiff in an action, either in bar or in
abatement. When the plaintiff has commenced his proceedings by bill, the
judgment is nihil capiat per billam. Co. Litt. 363.
NiHIL DICIT. He says nothing. It is the failing of the defendant to
put in a plea or answer to the plaintiff's declaration by the day assigned; and
in this case judgment is given against the defendant of course, as he says
nothing why it should not. Vide 15 Vin. Ab. 556; Dane's Ab. Index, h. t.
NIHIL HABET. The name of a return made by a sheriff, marshal, or other
proper officer, to a scire facia.9 or other writ, when he Ims not been able to,
serve it on the defendant. 5 Whart. 367.
2. Two returns of nihil are in general equivalent to a service. Yelv. 112; 1
Cowen, 70; 1 Car. Law Regags. 491; 4 Blackf. 188; 2 Binn. 40.
NIL DEBET, pleading. The general issue in debt,6r simple contract. It
is in the following form: IcAndthesaideD, by E F, his attorney, comes and
defends the wrong and injury, when, &c. and says, that he does not owe the
said sum of money above demanded, or any part thereof, in manner and form as the
said A B hath above complained. And of this the said C, D puts himself upon the
country." When, in debt on specially, the deed is the only iuducernent to the
action, the general issue is nil debet. Stephens on Pleading, 174, n.; Dane's
Ab. Index, h. t.
NIL HABUIT IN TENEMENTIS, pleading. A plea by which the defendant, wbo
is sued by his landlord in debt for rent uppa-a lease, but by deed indented,
by,which he denies his landlord's title to the premises, that he has no interest
in the tenements. 2 Lill. Ab. 214; 12 Vin. Ab. 184; 15 Vin. Ab. 556 Woodf. L.
& T. 330; Com. Dig. Pleader, 2 W 48 Co. Litt. 47 b; Dane's Ab. Index, h. t.
3 E. C. L. R. 169, n.; 1 Holt's R. 489.
NISI. This word is frequently used in legal proceedings to denote that
something has been done, which is to be valid unless something else Shall be
done within a certain time to defeat it. For example, an order may be made that
if on the day appointed to show cause, none be shown, an injunction will be
dissolved of course, on motion, and production of an affidavit of service of the
order. This is called an order nisi. Ch. Pr. 547. Under the compulsory
arbitration law of Pennsylvania, on the filing of the award, judgment nisi is to
be entered: which judgment is to be as valid as if it had been rendered on the
verdict of a jury, unless an appeal be entered within the time required by the
NISI PRIUS. These words, which signify 'unless before,' are the name
of a court. The name originated as follows: Formerly, an action was triable only
in the court where it was brought. But, it was provided by Magna Charta, in ease
of the subject, that assises of novel disseisin and mort d'ancestor (then the
most usual remedies,) should thenceforward instead of being tried at
Westminster, in the superior court, be taken in their proper counties; and for
this purpose justices were to be sent into every county once a year, to take
these assises there. 1 Reeves, 246; 2 Inst. 422, 3, 4. These local trials being
found convenient, were applied not only to assises, but to other actions; for,
by the statute of 13 Edw. I. c. 30, it is provided as the general course of
proceeding, that writs of venire for summoning juries in the superior courts,
shall be in the following form. Praecipimus tibi quod veneri facias coram
justiciariis nostris apud Westm. in Octabis Seti Michaelis, nisi talis et talis
tali, die et loco ad partes illas venerint, duodecim, &c. Thus the trial was
to be had at Westminster, only in the event of its not previously taking place
in the county, before the justices appointed to take tlie assises. It is this
provision of the statute of Nisi Prius, enforeed by the subsequent statute of 14
Ed. III. c. 16, which authorizes, in England, a trial before the justices of
assises, in lieu of the superior court, and gives it the name of a trial by nisi
prius. Steph. Pl. App. xxxiv.; 3 Bl. Com. 58; 1 Reeves, 245, 382; 2 Reeves, 170;
2 Com. Dig. Courts, D b, page 316.
2. Where courts bearing this name exist in the United States, they are
instituted by statutory provision. 4 W. & S. 404.
NISI PRIUS ROLL, Eng. practice. A transcript of a case made from the
plea roll, and includes the declaration, plea, replication, rejoinder, &c.
and the issue. Eunom. Dial. 2, 28, 29, p. 110, 111. After the nisi prius roll is
returned from the trial, it assumes the name of posted. (q. v.)
NO AWARD. The name of a plea to an action or award. 1 Stew. 520; f
Chip. R. 131; 3 Johns. 367. See Nul. Agard.
NO BILL. These words are frequently used by grand juries. They are
endorsed on a bill of indictment when the grand jury have not sufficient cause
for finding a true bill. They are equivalent to Not found, (q. v.) or Ignoramus.
(q. v.) 2 Nott & McC. 558.
NOBILITY. An order of men in several countries to whom privileges are
granted at the expense of the rest of the people. 2. The constitution of the
United States provides that no state shall " grant any title of nobility; and no
person can become a citizen ot' the United States until he has renounced all
titles of nobility." The Federalist, No. 84; 2 Story, Laws U. S. 851. 3. There
is not in the constitution any general prohibition against any citizen
whomsoever, whether in public or private life, accepting any foreign title of
nobility. An amendment of the constitution in this respect has been recommended
by congress, but it has not been ratified by a sufficient number of states to
make it a part of the constitution. Rawle on the Const. 120; Story, Const. 1346.
NOLLE PROSEQUI, practice. An entry made on the record, by which the
prosecutor or plaintiff declares that he will proceed no further.
2. A nolle prosequi may be entered either in a criminal or a civil case. In
criminal cases, a nolle prosequi may be entered at any time before the finding
of the grand jury, by the attorney general, and generally after a true bill has
been found; in Pennsylvania, in consequence of a statutory provision, no nolle
prosequi can be entered after a bill has been found, without leave of the court,
except in cases of assault and battery, fornication and bastardy, on agreement
between the parties, or in prosecutions for keeping tippling houses. Act of
April 29, 1819, s. 4, 7 Smith's Laws, 227.
3. A nolle prosequi may be entered as to one ot several defendants. 11 East,
4. The effect of a nolle prosequi, when obtained, is to put the defendant
without day, but it does not operate as an acquittal; for he may be afterwards
reindicted, and even upon the same indictment, fresh process may be awarded. 6
Mod. 261; 1 Salk . 59; Com. Dig. Indictment. K; 2 Mass. R. 172.
5. In civil cases, a nolle prosequi is considered, not to be of the nature of
a retraxit or release, as was formerly supposed, but an agreement only, not to
proceed either against some of the defendants, or as to part of the suit. Vide 1
Saund. 207, note 2, and the authorities there cited. 1 Chit. PI. 546. A nolle
prosequi is now held to be no bar to a future action for the same cause, except
in those cases where, from the nature of the action, judgment and execution
against one, is a satisfaction of all the damages sustained by the plaintiff. 3
T. R. 511; 1 Wils. 98.
6. In civil cases, a nolle prosequi may be entered as to one of several
counts; 7 Wend. 301; or to one of several defendants; 1 Pet. R. 80; as in the
case of a joint contract, where one of two defendants pleads infancy, the
plaintiff may enter a nolle prosequi, as to him, and proceed against the other.
1 Pick. 500. See, generally, 1 Pet. R. 74; see 2 Rawle, 334; 1 Bibb, 337; 4
Bibb, 887, 454; 3 Cowen, 374; 5 Gill & John. 489; 5 Wend. 224; 20 John. 126;
3 Cowen, 335; 12 Wend. 110; 3 Watts, 460.
NOMEN COLLECTIVUM. This expression is used to signify that a word in
the singular number is to be understood in the plural in certain cases. 2.
Misdemeanor, for example, is a word of this kind, and when in the singular, may
be taken as nomen collectivum, and including several offences. 2 Barn. &
Adolp. 75. Heir, in the singular, sometimes includes all the heirs.
NOMEN GENERALISSIMUM. A name which applies generally to a number of
things; as, land, which is a general name by which everything attached to the
freehold will pass.
NOMINAL. Relating to a name.
2. A nominal plaintiff is one in whose name an action is brought, for the use
of another. In this case, the nominal plaintiff has no control over the action,
nor is he responsible for costs. 1 Dall. 1 39; 2 Watts, R. 12.
3. A nominal partner is one, who, without having an actual interest in the
profits of a concern, allows his name to be used, or agrees that it shall be
continued therein, as a partner; such nominal partner is clearly liable to the
creditors of the firm, as a general partner, although the creditors were
ignorant at the time of dealing, that his name was used.. 2 H. Bl. 242, 246; 1
Esp. R. 31; 2 Campb. 302; 16 East, R. 174; 2 B. & C. 411.
NOMINAL PLAINTIFF. One who is named as the plaintiff in an action, but
who has no interest in it, having assigned the cause or right of action to
another, for whose use it is brought.
2. In general, he cannot interfere with the rights of his assignee, nor will
he be permitted to discontinue. the action, or to meddle with it. 1 Wheat. R.
233; 1 John. Cas. 411; 3 John. Cas. 242; 1 Johns. R. 532, n.; 3 Johns. R. 426;
11 Johns. R. 47; 12 John. R. 237; 1 Phil. Ev. 90; Cowen's note 172; Greenl. Ev.
SS 173; 7 Cranch, 152.
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. Dig. 2, 14, 7, 1. Innominate
contracts, (q. v.) are those which have no particular name. Dig. 19, 4, 1, 2
Code, 4, 64, 3.
NOMINATION, This word has several significations. 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, art. 2,
s. 2, the president "shall nominate, and by and with the consent of the senate,
shall appoint ambassadors," &c.
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. 2 Lill. Ab. 221. 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.
Ham. N. P. 411, 412.
2. To entitle himself to the nomine paenae, the landlord must make a demand
of the rent on the very day, as in the case of a reentry. 1 Saund. 287 b, note;
7 Co. 28 b Co. Litt. 202 a; 7 T. R. 11 7. A distress cannot be taken for a
nomine paenae, unless a special power to distrain be annexed to it by deed. 3
Bouv. Inst. n. 2451. Vide Bac. Ab. Rent, K 4; Woodf. L. & T. 253; Tho. Co.
Litt. Index, h. t.; Dane's Ab. Index, h. t.
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