N.

NAIL, A measure of length, equal to two inches and a quarter. Vide Measure. 

NAKED. This word is used in a metaphorical sense to denote that a thing is 
not complete, and for want of some quality it is either without power, or it 
possesses a limited power. A naked contract, is one made without 
consideration, and, for that reason, it is void; a naked authority, is one 
given without any right in the agent, and wholly for the benefit of the 
principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum. 

NAME. One or more words used to distinguish a particular individual, as 
Socrates, Benjamin Franklin. 
     2. The Greeks, as is well known, bore only one name, and it was one of 
the especial rights of a father to choose the names for hi's children and to 
alter them if he pleased. It was customary to give to the eldest son the 
name of the grandfather on his father's side. The day on which children 
received their names was the tenth after their birth. The tenth day, called 
'denate,' was a festive day, and friends and relatives were invited to take 
part in a sacrifice and a repast. If in a court of justice proofs could be 
adduced that a father had held the denate, it was sufficient evidence that 
be had recognized the child as his own. Smith's Diet. of Greek and Rom. 
Antiq. h.v. 
     3. Among the Romans, the division into races, and the subdivision of 
races into families, caused a great multiplicity of names. They had first 
the pronomen, which was proper to the person; then the nomen, belonging to 
his race; a surname or cognomen, designating the family; and sometimes an 
agnomen, which indicated the branch of that family in which the author has 
become distinguished. Thus, for example, Publius Cornelius Scipio Africanus; 
Publius is the pronomen; Cornelius, the nomen, designating the name of the 
race Cornelia; Scipio, the cognomen, or surname of the family; and 
Africanus, the agnomen, which indicated his exploits. 
     4. Names are divided into Christian names, as, Benjamin, and surnames, 
as, Franklin. 
     5. No man can have more than one Christian name; 1 Ld. Raym. 562; Bac. 
Ab. Misnomer, A; though two or more names usually kept separate, as John and 
Peter, may undoubtedly be compounded, so as to form, in contemplation of 
law, but one. 5 T. R. 195. A letter put between the Christian and surname, 
as an abbreviation of a part of the Christian name, as, John B. Peterson, is 
no part of either. 4 Watts' R. 329; 5 John. R. 84; 14 Pet. R. 322; 3 Pet. R. 
7; 2 Cowen. 463; Co. Litt. 3 a; 1 Ld. Raym. 562;, Vin. Ab. Misnomer, C 6, 
pl. 5 and 6: Com. Dig. Indictment, G 1, note u; Willes, R. 654; Bac. Abr. 
Misnomer and Addition; 3 Chit. Pr. 164 to 173; 1 Young, R. 602. But see 7 
Watts & Serg. 406. 
     5. In general a corporation must contract and sue and be sued by its 
corporate name; 8 John. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R. 
359; yet a slight alteration in stating the name is unimportant, if there be 
no possibility of mistaking the identity of the corporation suing. 12 L. R. 
444. 
     6. It sometimes happens that two different sets of partners carry on 
business in the same social name, and that one of the partners is a member 
of both firms. When there is a confusion in this respect, the partners of 
one firm may, in some cases, be made responsible for the debts of another. 
Baker v. Charlton, Peake's N. P. Cas. 80; 3 Mart. N. S. 39; 7 East. 210; 2 
Bouv. Inst. n. 1477. 
     7. It is said that in devises if the name be mistaken, if it appear the 
testator meant a particular corporation, the devise will be good; a devise 
to "the inhabitants of the south parish," may be enjoyed by the inhabitants 
of the first parish. 3 Pick. R. 232; 6 S. & R. 11; see also Hob. 33; 6 Co. 
65; 2 Cowen, R, 778. 
     8. As to names which have the same sound, see Bac. Ab. Misnomer, A; 7 
Serg & Rawle, 479; Hammond's Analysis of Pleading, 89; 10 East. R. 83; and 
article Idem Sonans. 
     9. As to the effect of using those which have the same derivation, see 
2 Roll. Ab. 135; 1 W. C. C. R. 285; 1 Chit. Cr. Law 108. For the effect of 
changing one name, see 1 Rop. Leg. 102; 3 M. & S. 453 Com. Dig. G 1, note x. 
    10. As to the omission or mistake of the name of a legatee, see 1 Rop. 
Leg. 132, 147; 1 Supp. to Ves. Jr. 81, 82; 6 Ves. 42; 1 P. Wms. 425; Jacob's 
R. 464. As to the effect of mistakes in the names of persons in pleading, 
see Steph. Pl. 319. Vide, generally, 13 Vin. Ab. 13; 15 Vin. Ab. 595; Dane's 
Ab. Index, h.t.; Roper on Leg. Index, b. t; 8 Com: Dig., 814; 3 Mis. R. 
144; 4 McCord, 487; 5 Halst. 230; 3 Mis. R. 227; 1 Pick. 388; Merl. Rep. mot 
Nom; and article Misnomer. 
    11. When a person uses a name in making a contract under seal, he will 
not be permitted to say that it is not his name; as, if he sign and seal a 
bond "A and B," (being his own and his partner's name,) and he had no 
authority from his partner to make such a deed, he cannot deny that his name 
is A. & B. 1 Raym. 2; 1 Salk. 214. And if a man describes himself in the 
body of a deed by the name of James and signs it John, he cannot, on being 
sued by the latter name, plead that his name is James. 3 Taunt. 505; Cro. 
Eliz. 897, n. a. Vide 3 P. & D. 271; 11 Ad. & L. 594. 

NAMES OF SHIPS. The act of congress of December 31, 1792, concerning the 
registering and recording of ships or vessels, provides, 
     Sec. 3. That every ship or vessel, hereafter to be registered, (except 
as is hereinafter provided,) shall be registered by the collector of the 
district in which shall be comprehended the port to which such ship or 
vessel shall belong at the time of her registry, which port shall be deemed 
to be that at or nearest to which the owner, if there be but one, or, if 
more than one, the husband, or acting and managing owner of such ship or 
vessel, usually resides. And the name of the said ship or vessel, and of the 
port to which she shall so belong, shall be painted on her stern, on a black 
ground, in white letters, of not less than three inches in length. And if 
any ship or vessel of the United States shall be found without having her 
name, and the name of the port to which she belongs, painted in manner 
aforesaid, the owner or owners shall forfeit fifty dollars; one half to the 
person, giving the information thereof, the other half to the use of the 
United States. 1 Story's L. U. S. 269. 
     2. And by the act of February 18, 1793, it is directed, 
     Sec. 11. That every licensed ship or vessel shall have her name, and 
the port to which she belongs, painted on her stern, in the manner as is 
provided for registered ships or vessels; and if any licensed ship or vessel 
be found without such painting, the owner or owners thereof shall pay twenty 
dollars. 1 Story's L. U. S. 290. 
     3. By a resolution of congress, approved, March. 3, 1819, it is 
resolved, that all the ships of the navy of the United States, now building, 
or hereafter to be built, shall be named by the secretary of the navy, under 
the direction of the president of the United States, according to the 
following rule, to wit: Those of the first class, shall be called after the 
states of this Union those of the second class, after the rivers and those 
of the third class, after the principal cities and towns; taking care that 
no two vessels in the navy shall bear the same name. 3 Story's L. U. S. 
1757. 
     4. When a ship is pledged, as in the contract of bottomry, it is 
indispensable that its name should be properly stated; when it is merely the 
place in which the pledge is to be found, as in respondentia, it should also 
be stated, but a mistake in this case would not be fatal. 2 Bouv. Inst. n. 
1255. 

NAMIUM. An old word which signifies the taking or distraining another 
person's movable goods; 2 Inst. 140; 3 Bl. Com. 149 a distress. Dalr. Feud. 
Pr. 113. 

NARR, pleading. An abbreviation of the word narratio; a declaration in the 
cause. 

NARRATOR. A pleader who draws narrs serviens narrator, a sergeant at law. 
Fleta, 1. 2, c. 37. Obsolete. 

NARROW SEAS, English law. Those seas which adjoin the coast of England. Bac. 
Ab. Prerogative, B 3. 

NATALE. The state of condition of a man acquired by birth.

NATIONAL or PUBLIC DOMAIN. All the property which belongs to the state is 
comprehended under the name of national or public domain. 
     2. Care must be taken not to confound the public or national domain, 
with the national finances, or the public revenue, as taxes, imposts, 
contributions, duties, and the like, which are not considered as property, 
and are essentially attached to the sovereignty. Vide Domain; Eminent 
Domain. 

NATIONALITY. The state of a person in relation to the nation in which he was 
born. 
     2. A man retains his nationality of origin during his minority, but, as 
in the case of his domicil of origin, he may change his nationality upon 
attaining full age; he cannot, however, renounce his allegiance without 
permission of the government. See Citizen; Domicil; Expatriation; 
Naturalization; Foelix, Du Dr. Intern. prive, n. 26; 8 Cranch, 263; 8 
Cranch, 253; Chit. Law of Nat. 31 2 Gall. 485; 1 Gall. 545. 

NATIONS. Nations or states are independent bodies politic; societies of men 
united together for the purpose of promoting their mutual safety and 
advantage by the joint efforts of their combined strength. 
     2. But every combination of men who govern themselves, independently of 
all others, will not be considered a nation; a body of pirates, for example, 
who govern themselves, are not a nation. To constitute a nation another 
ingredient is required. The body thus formed must respect other nations in 
general, and each of their members in particular. Such a society has her 
affairs and her interests; she deliberates and takes resolutions in common; 
thus becoming a moral person who possesses an understanding and will 
peculiar to herself, and is susceptible of obligations and rights. Vattel, 
Prelim. Sec. 1, 2; 5 Pet. S. C. R. 52. 
     3. It belongs to the government to declare whether they will consider a 
colony which has thrown off the yoke of the mother country as an independent 
state; and until the government have decided on the question, courts of 
justice are bound to consider the ancient state of things as remaining 
unchanged. 1 Johns. Ch. R. 543; 13 John. 141, 561; see 5 Pet. S. C. R. 1; 1 
Kent, Com 21; and Body Politic; State. 

NATIVES. All persons born within the jurisdiction of the United States, are 
considered as natives. 
     2. Natives will be classed into those born before the declaration of 
our independence, and those born since. 
     3.-1. All persons, without regard to the place of their birth, who 
were born before the declaration of independence, who were in the country at 
the time it was made, and who yielded a deliberate assent to it, either 
express or implied, as by remaining in the country, are considered as 
natives. Those persons who were born within the colonies, and before the 
declaration of independence, removed into another part of the British 
dominions, and did not return prior to the peace, would not probably be 
considered natives, but aliens. 
     4.-2. Persons born within the United States, since the Revolution, 
may be classed into those who are citizens, and those who are not. 
     5.-1st. Natives who are citizens are the children of citizens, and of 
aliens who at the time of their birth were residing within the United 
States. 
     6. The act to establish an uniform rule of naturalization, approved 
April 14, 1802, Sec. 4, provides that the children of persons who now are, 
or have been citizens of the United States, shall, though born out of the 
limits and jurisdiction of the United States, be considered as citizens of 
the United States" But, the right of citizenship shall not descend to 
persons whose fathers have never resided in the United States. 
     7.-2d. Natives who are not citizens are, first, the children of 
ambassadors, or other foreign ministers, who, although born here, are 
subjects or citizens of the government of their respective fathers. 
Secondly, Indians, in general, are not citizens. Thirdly, negroes, or 
descendants of the African race, in general, have no power to vote, and are 
not eligible to office. 
     8. Native male citizens, who have not lost their political rights, 
after attaining the age required by law, may vote for all kinds of officers, 
and be elected to any office for which they are legally qualified. 
     9. The constitution of the United States declares that no person, 
except a natural born citizen, or a citizen of the United States at the time 
of the adoption of this constitution, shall be eligible to the office of 
president or vice-president of the United States. Vide, generally, 2 Cranch, 
280; 4 Cranch, 209; 1 Dall. 53; 20 John. 213; 2 Mass. 236, 244, note; 2 Pick.

394, n.; 2 Kent, 35. 

NATURAL AFFECTION. The affection which a husband, a father, a brother, or 
other near relative, naturally feels towards those who are so nearly allied 
to him, sometimes supplies the place of a valuable consideration in 
contracts; and natural affection is a good consideration in a deed For 
example, if a father should covenant without any other consideration to 
stand seised to the use of his child, the naming him to be of kin implies 
the consideration of natural affection, whereupon such use will arise. 
Carth. 138 Dane's Ab. Index, h.t. 

NATURAL CHILDREN. In the phraseology of the English or American law, natural 
children are children born out of wedlock, or bastards, and are 
distinguished from legitimate children; but in the language of the civil 
law, natural are distinguished from adoptive children, that is, they are the 
children of the parents spoken of, by natural procreation. See Inst. lib. 3, 
tit. 1, Sec. 2. 
     2. In Louisiana, illegitimate children who have been acknowledged by 
their father, are called natural children; and those whose fathers are 
unknown are contradistinguished by the appellation of bastards. Civ. Code of 
Lo. art. 220. The acknowledgment of an illegitimate child shall be made by a 
declaration executed before a notary public, in the presence of two 
witnesses, whenever it shall not have been made in the registering of the 
birth or baptism of such child. Id. art. 221. Such acknowledgment shall not 
be made in favor of the children produced by an incestuous or adulterous 
connexion. Id. art. 222. 
     3. Fathers and mothers owe alimony to their natural children, when they 
are in need. Id. art. 256, 913. In some cases natural children are entitled 
to the legal succession, of their natural fathers or mothers. Id. art. 911 
to 927. 
     4. Natural children owe alimony to their father or mother, if they are 
in need, and if they themselves have the means of providing it. Id. art. 
256. 
     5. The father is of right the tutor of his natural children 
acknowledged by him; the mother is of right the tutrix of her natural child 
not acknowledged by the father. The natural child, acknowledged by both, has 
for tutor, first the father; in default of him, the mother. Id. art. 274. 
See 1 Bouv. Inst. n. 319, et seq. 

NATURAL EQUITY. That which is founded in natural justice, in honesty and 
right, and which arises ex aequo et bono. It corresponds precisely with the 
definition of justice or natural law, which is a constant and perpetual. 
will to give to every man what is his. This kind of equity embraces so wide 
a range, that human tribunals have never attempted to enforce it. Every code 
of laws has left many matters of natural justice or equity wholly unprovided 
for, from the difficulty of framing general rules to meet them, from the 
almost impossibility of enforcing them, and from the doubtful nature of the 
policy of attempting to give a legal sanction to duties of imperfect 
obligation, such as charity, gratitude, or kindness. 4 Bouv. Inst. n. 3720. 

NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the 
person who has contracted it, but which cannot be enforced in a court of 
justice. Poth. n. 173, and n. 191. See Obligation. 

NATURAL PRESUMPTIONS, evidence. Presumptions of fact; those which depend 
upon their own form and efficacy in generating belief or conviction in the 
mind, as derived from those connexions which are pointed out by experience; 
they are independent of any artificial connexions, and differ from mere 
presumptions of law in this essential respect, that the latter depend on and 
are a branch of th& particular system of jurisprudence to which they belong; 
but mere natural presumptions are derived wholly by means of the common 
experience of mankind, without the aid or control of any particular rule of 
law, but simply from the course of nature and the habits of society. These 
presumptions fall within the exclusive province of the jury, who are to pass 
upon the facts. 3 Bouv. Inst. n. 3064; Greenleaf on Ev. Sec. 44. 

NATURAL DAY. That space of time included between the rising and the setting 
of the sun. See Day. 

NATURAL FOOL. An idiot; one born without the reasoning powers, or a capacity 
to acquire them. 

NATURAL FRUITS. The natural production of trees, bushes, and other plants, 
for the use of men and animals, and for the reproduction of such trees, 
bushes or plants. 
     2. This expression is used in contradistinction to artificial or 
figurative fruits; for example, apples, peaches and pears are natural 
fruits; interest is the fruit of money, and this is artificial. 

NATURALIZATION. The act by which an alien is made a citizen of the United 
States of America. 
     2. The Constitution of the United States, art. 1, s. 8, vests in 
congress the power "to establish an uniform rule of naturalization." In 
pursuance of this authority congress have passed several laws on this 
subject, which, as they are of general interest, are here transcribed as far 
as they are in force. 
     3.-1. An act to establish an uniform rule of naturalization, and to 
repeal the acts heretofore passed on that subject. Approved April 14, 1802. 
7 Hill, 137. 
     Sec. 1. Be it enacted, &c, That any alien, being a free white person, 
may be admitted to become a citizen of the United States, or any of them, on 
the following conditions, and not otherwise: First, That be shall have 
declared, on oath or affirmation, before the supreme, superior, district, or 
circuit court, of some one of the states, or of the territorial districts of 
the United States, or a circuit or district court of the United States, 
three years at least before his admission, that it was, bona fide, his 
intention to become a citizen of the United States, and to renounce forever 
all allegiance and fidelity to any foreign prince, potentate, state, or 
sovereignty, whatever, and particularly, by name, the prince, potentate, 
state or sovereignty, whereof such alien may, at the time, be a citizen or 
subject. Secondly, That he shall, at the time of his application to be 
admitted, declare, on oath or affirmation, before some one of the courts 
aforesaid, that he will support the constitution of the United States, and 
that he doth absolutely and entirely renounce and abjure all allegiance and 
fidelity to every foreign prince, potentate, state, or sovereignty, 
whatever, and particularly, by name, the prince, potentate, state, or 
sovereignty, whereof he was before a citizen or subject; which proceedings 
shall be recorded by the clerk of the court. Thirdly, That the court 
admitting such alien shall be satisfied that he has resided within the 
United States five years, at least, and within the state or territory where 
such court is at the time held, one year at least; and it shall further 
appear to their satisfaction, that, during that time, he has behaved as a 
man of good moral character, attached to the principles of the constitution 
of the United States, and well disposed to the good order and happiness of 
the same: 
     4. Provided, That the oath of the applicant shall, in no case, be 
allowed to prove his residence. Fourthly, That in case the alien, applying 
to be admitted to citizenship, shall have borne any hereditary title, or 
been of any of the orders of nobility, in the kingdom or state from which he 
came, he shall in addition to the above requisites, make a express 
renunciation of his title or order of nobility, in the court to which his 
application shall be made, which renunciation shall be recorded in the said 
court: 
     5. Provided, That no alien, who shall heretofore passed on that 
subject. Approved April 14, 1802. 7 Hill, 137. Sec. 1. Be it enacted, &c. 
That any alien, being a free white person, may be admitted to become a 
citizen of the United States, or any of them, on the following conditions, 
and not otherwise: First, That he shall have declared, on oath or 
affirmation, before the supreme, superior, district, or circuit court, of 
some one of the states, or of the territorial districts of the United 
States, or a circuit or district court of the United States, three years at 
least before his admission, that it was, bona fide, his intention to become 
a citizen of the United States, and to renounce forever all allegiance and 
fidelity to any foreign prince, potentate, state, or sovereignty, whatever, 
and particularly, by name, the prince, potentate, state or sovereignty, 
whereof such alien may, at the time, be a citizen or subject. Secondly, That 
be shall, at the time of his application to be admitted, declare, on oath or 
affirmation, before some one of the courts aforesaid, that he will support 
the constitution of the United States, and that he doth absolutely and 
entirely renounce and abjure all allegiance and fidelity to every foreign 
prince, potentate, state, or sovereignty, whatever, and particularly, by 
name, the prince, potentate, state, or sovereignty, whereof he was before a 
citizen or subject; which proceedings shall be recorded by the clerk of the 
court. Thirdly, That the court admitting such alien shall be satisfied that 
he has resided within the United States five years, at least, and within the 
state or territory where such court is at the time held, one year at least; 
and it shall further appear to their satisfaction, that, during that time, 
he has behaved as a man of good moral character, attached to the principles 
of the constitution of the United States, and well disposed to the good 
order and happiness of the same: 
     4. Provided, That the oath of the applicant shall, in no case, be 
allowed to prove his residence. Fourthly, That in case the alien, applying 
to be admitted to citizenship, shall have borne any hereditary title, or 
been of any of the orders of nobility, in the kingdom or state from which he 
came, he shall, in addition to the above requisites, make an express 
renunciation of his title or order of nobility, in the court to which his 
application shall be made, which renunciation shall be recorded in the said 
court: 
     5. Provided, That no alien, who shall be a native citizen, denizen, or 
subject, of any country, state, or sovereign, with whom the United States 
shall be at war, at the time of his application, shall be then admitted to 
be a citizen of the United States: 
     6. Provided, also, That any alien who was residing within the limits, 
and under the jurisdiction, of the United States, before the twenty-ninth 
day of January, one thousand seven hundred and ninety-five, may be admitted 
to become a citizen, on due proof made to some one of the courts aforesaid, 
that he has resided two years, at least, within and under the jurisdiction 
of the United States, and one year, at least, immediately preceding his 
application within the state or territory where such court is at the time 
held; and on his declaring on oath, or affirmation, that he will support the 
constitution of the United States, and that be doth absolutely and entirely 
renounce and abjure all allegiance and fidelity to any foreign prince, 
potentate, state, or sovereignty, whatever, and particularly, by name, the 
prince, potentate, state, or sovereignty, whereof he was before a citizen or 
subject; and, moreover, on its appearing to the satisfaction of the court, 
that, during the said term of two years, he has behaved as a man of good 
moral character, attached to the constitution of the United States, and well 
disposed to the good order and happiness of the same; and where the alien, 
applying, for admission to citizenship, shall have borne any hereditary 
title, or been of any of the orders of nobility in the kingdom or state from 
which be came, on his moreover making in the court an express renunciation 
of his title or order of nobility, before he shall be entitled to such 
admission: all of which proceedings, required in this proviso to be 
performed in the court, shall be recorded by the clerk thereof: 
     7. And provided, also, That any alien who was residing within the 
limits, and under the jurisdiction, of the United States, at any time 
between the said twenty-ninth day of January, one thousand seven hundred and 
ninety-five, and the eighteenth day of June, one thousand seven hundred and 
ninety-eight, may, within two years after the passing of this act, be 
admitted to become a citizen, without a compliance with the first condition 
above specified. 
     8.-Sec. 3. And whereas, doubts have arisen whether certain courts of 
record, in some of the states, are included within the description of 
district or circuit courts: Be it further enacted, That every court of 
record in any individual state, having common law jurisdiction, and a seal, 
and clerk or prothonotary, shall be considered as a district court within 
the meaning of this act; and every alien, who may have been naturalized in 
any such court, shall enjoy, from and after the passing of the act, the same 
rights and privileges, as if he had been naturalized in a district or 
circuit court of the United States. 
     9.-Sec. 4. That the children of persons duly naturalized under any of 
the laws of the United States, or who, previous to the passing of any law on 
that subject by the government of the United States, may have become 
citizens of any one of the said states, under the laws thereof, being under 
the age of twenty-one years, at the time of their parents' being so 
naturalized or admitted to the rights of citizenship, shall, if dwelling in 
the United States, be considered as citizens of the United States; and the 
children of persons who now are, or have been, citizens of the United 
States, shall, though born out of the limits and jurisdiction of the United 
States, be considered as citizens of the United States: 
    10. Provided, That the right of citizenship shall not descend to persons 
whose fathers have never resided within the United States: 
    11. Provided also, That no person heretofore proscribed by any state, or 
who has been legally convicted of having joined the army of Great Britain 
during the late war, shall be admitted a citizen, as aforesaid, without the 
consent of the legislature of the state in which such person was proscribed. 
    12.-Sec. 5. That all acts heretofore passed respecting naturalization, 
be, and the same are hereby repealed. 
    13.-2. An act in addition to an act, entitled "An act to establish an 
uniform rule of naturalization; and to repeal the acts heretofore passed on 
that subject." Approved March 26, 1804. 
    14.-Sec. 1. 'Be it enacted, &c. That any alien, being a free white 
person, who was residing within the limits, and under the jurisdiction of 
the United States, at any time between the eighteenth day of June, one 
thousand seven hundred and ninety-eight, and the fourteenth day of April, 
one thousand eight hundred and two, and who has continued to reside within 
the same, may be admitted to become a citizen of the United States, without 
a compliance with the first condition specified in the first section of the 
act, entitled "An act to establish an uniform rule of naturalization, and to 
repeal tile acts heretofore passed on that subject." 
    15.-Sec. 2. That when any alien who shall have complied with the first 
condition specified in the first section of the said original act, and who 
shall have pursued the directions prescribed in the second section of the 
said act, may die, before he is actually naturalized, the widow and the 
children of such alien shall be considered as citizens of the United States; 
and shall be entitled to all the rights and privileges as such, upon taking 
the oaths prescribed by law. 
    16.-3. An act for the regulation of seamen on board the public and 
private vessels of the United States. 
    17.-Sec. 12. That no person who shall arrive in the United States, 
from and after the time when this act shall take effect, shall be admitted 
to become a citizen of the United States, who shall not, for the continued 
term of five years, next preceding his admission as aforesaid, have resided 
within the United States, without being, at any time during the said five 
years, out of the territory of the United States. App. March 3, 1813. 
    18.-4. An act supplementary to the acts heretofore passed on the 
subject of an uniform rule of naturalization. App. July 30, 1813. 
    19.-Sec. 1. Be it enacted, &c. That persons resident within the United 
States, or the territories thereof, on the eighteenth day of June, in the 
year one thousand eight hundred and twelve, who had, before that day, made a 
declaration, according to law, of their intentions to become citizens of the 
United States, or who, by the existing laws of the United States, were, on 
that day, entitled to become citizens without making such declaration, may 
be admitted to become citizens thereof" notwithstanding they shall be alien 
enemies, at the time and in the manner prescribed by the laws heretofore 
passed on the subject: Provided, That nothing herein contained shall be 
taken or construed to interfere with, or prevent the apprehension and 
removal, agreeably to law, of any alien enemy at any time previous to the 
naturalization of such alien. 
    20.-5. An act relative to evidence in case of naturalization. App. 
March 22, 1816. 
    21.-Sec. 2. That nothing herein contained shall be construed to 
exclude from admission to citizenship, any free white person who was 
residing within the limits and under the jurisdiction of the United States 
at any time between the eighteenth day of June, one thousand seven hundred 
and ninety-eight, and the fourteenth day of April, one thousand eight 
hundred and two, and who, having continued to reside therein, without having 
made any declaration of intention before a court of record as aforesaid, may 
be entitled to become a citizen of the United States according to the act of 
the twenty-sixth of March, one thousand eight hundred and four, entitled "An 
act in addition to an act, entitled 'An act to establish an uniform rule of 
naturalization, and to repeal the acts heretofore passed on that subject.' 
"Whenever any person, without a certificate of such declaration of 
intention, as aforesaid, shall make application to be admitted a citizen of 
the United States, it shall be proved, to the satisfaction of the court, 
that the applicant was residing within the limits and under the jurisdiction 
of the United States before the fourteenth day of April one thousand eight 
hundred and two, and has continued to reside within the same, or be shall 
not be so admitted. And the residence of the applicant within the limits and 
under the jurisdiction of the United States, for at least five years 
immediately preceding the time of such application, shall be proved by the 
oath or affirmation of citizens of the United States; which citizens shall 
be named in the record as witnesses. And such continued residence within the 
limits and under the jurisdiction of the United States, when satisfactorily 
proved, and the place or places where the applicant has resided for at least 
five years, as aforesaid, shall be stated and set forth, together with the 
names of such citizens, in the record of the court admitting the applicant; 
otherwise the same shall not entitle him to be considered and deemed a 
citizen of the United States. 
    22.-6. An act in further addition to "An act to establish an uniform 
rule of naturalization, and to repeal the acts heretofore passed on that 
subject." App. Ma 26, 1824. 
    23.-Sec. 1. Be it enacted, &c. That an alien, being a free white 
person and a minor under the age of twenty-one years, who shall have resided 
in the United States three years next preceding his arriving at the age of 
twenty-one years, and who shall have continued to reside therein to the time 
be way make application to be admitted a citizen thereof, may, after he 
arrives at the age of twenty-one years, and after be shall have resided five 
years within the United States, including the three years of his minority, 
be admitted a citizen of the United States, without having made the 
declaration required in the first condition of the first section of the act 
to which this is an addition, three years previous to his admission. 
    24. Provided, such alien shall make the declaration required therein at 
the time of his or her admission; and shall further declare, on oath, and 
prove to the satisfaction of the court, that, for three years next 
preceding, it has been the bona fide intention of such alien to become a 
citizen of the United States; and shall, in all other respects, comply with 
the laws in regard to naturalization. 
    25.-Sec. 2. That no certificates of citizenship, or naturalization, 
heretofore obtained from any court of record within the United States, shall 
be deemed invalid, in consequence of an omission to comply with the 
requisition of the first section of the act, entitled "An Act relative to 
evidence in cases of naturalization," passed the twenty-second day of March, 
one thousand eight hundred and sixteen. 
    26.-Sec. 3. That the declaration required by the first condition 
specified in the first section of the act, to which this is an addition, 
shall, if the same shall be bona fide, made before the clerks of either of 
the courts in the said condition named, be as valid as if it had been made 
before the said courts, respectively. 
    27.-Sec. 4. That a declaration by any alien, being a free white 
person, of his intended application to be admitted a citizen of the United 
States, made in the manner and form prescribed in the first condition 
specified in the first section of the act to which this is an addition, two 
years before his admission, shall be a sufficient compliance with said 
condition; anything in the said act, or in any subsequent act, to the 
contrary notwithstanding. 
    28.-7. An mot to amend the acts concerning naturalization. App. May 
24, 1828. 
    29.-Sec. 1. Be it enacted, &c. That the second section of the act, 
entitled "An act to establish an uniform rule of naturalization, and to 
repeal the acts heretofore passed on that subject," which was passed on the 
fourteenth day of April, one thousand eight hundred and two, and the first 
section of the act, entitled "An act relative to evidence in cases of 
naturalization," passed on the twenty-second day of March, one thousand 
eight hundred and sixteen, be, and the same are hereby repealed. 
    30.-Sec. 2. That any alien, being a free white person, who has resided 
within the limits and under the jurisdiction of the United States, between 
the fourteenth day of April, one thousand eight hundred and two, and the 
eighteenth day of June, one thousand eight hundred and twelve, and who has 
continued to reside within the same, may be admitted to become a citizen of 
the United States, without having made any previous declaration of his 
intention to become a citizen: 
    31. Provided, That whenever any person without a certificate of such 
declaration of intention, shall make application to be admitted a citizen of 
the United States, it shall be proved to the satisfaction of the court, that 
the applicant was residing within the limits, and under the jurisdiction of 
the United States, before the eighteenth day of June, one thousand eight 
hundred and twelve, and has continued to reside within the same, or he shall 
not be so admitted; and the residence of the applicant within the limits and 
under the jurisdiction of the United States, for at least five years 
immediately preceding the time of such application, shall be proved by the 
oath or affirmation of citizens of the United States, which citizens shall 
be named in the record as witnesses; and such continued residence within the 
limits and under the jurisdiction of the United States when satisfactorily 
proved, and the place or places where the applicant has resided for at least 
five years as aforesaid, shall be stated and set forth, together with the 
names of such citizens, in the record of the court admitting the applicant; 
otherwise the same shall not entitle him to be considered and deemed a 
citizen of the United States. 

NATURALIZED CITIZEN. One who, being born an alien, has lawfully become a 
citizen of the United States Under the constitution and laws. 
     2. He has all the rights of a natural born citizen, except that of 
being eligible as president or vice-president of the United States. In 
foreign countries he has a right to be treated as such, and will be so 
considered even in the country of his birth, at least for most purposes. 1 
Bos. & P. 430. See Citizen; Domicil; Inhabitant. 

NAUFRAGE, French mar. law. When, by the violent agitation of the waves, the 
impetuosity of the winds, the storm, or the lightning, a vessel is swallowed 
up, or so shattered that there remain only the pieces, the accident is 
called naufrage. 
     2. It differs from echouement, which is, when the vessel, remains 
whole, but is grounded; or from bris, which is, when it strikes against a 
rock or a coast; or from sombrer, which is, the sinking of the vessel in the 
sea, when it is swallowed up, and which may be caused by any accident 
whatever. Pardes. n. 643, Vide Wreck. 

NAUTAE. Strictly speaking, only carriers by water are comprehended under 
this word. But the rules which regulate such carriers have been applied to 
carriers by land. 2 Ld. Raym. 917; 1 Bell's Com. 467. 

NAVAL OFFICER. The name of an officer of the United States, whose duties are 
prescribed by various acts of congress. 
     2. Naval officers are appointed for the term of four years, but are 
removable from office at pleasure. Act of May 15, 1820, Sec. 1, 3 Story, L. 
U. S. 1790. 
     3. The act of March 2, 1799, Sec. 21, 1 Story, L. U. S. 590, prescribes 
that the naval officer shall receive copies of all manifests, and entries, 
and shall, together with the collector, estimate the duties on all goods, 
wares, and merchandise, subject to duty, (and no duties shall be received 
without such estimate,) and shall keep a separate record thereof, and shall 
countersign all permits, clearances, certificates, debentures, and other 
documents, to be granted by the collector; he shall also examine the 
collector's abstracts of duties, and other accounts of receipts, bonds, and 
expenditures, and, if found right, he shall certify the same. 
     4. And by Sec. 68, of the same law, it is enacted, that every 
collector, naval officer, and surveyor, or other person specially appointed, 
by either of them, for that purpose, shall have full power and authority to 
enter any ship or vessel, in which they shall have reason to suspect any 
goods, wares, or merchandise, subject to duty, are concealed, and therein to 
search for, seize, and secure, any such goods, wares, or merchandise and if 
they shall have cause to suspect a concealment thereof in any particular 
dwelling house, store, building, or other place, they or either of them 
shall, upon proper application, on oath, to any justice of the peace, be 
entitled to a warrant to enter such house, store, or other place (in the day 
time only,) and there to search for such goods; and if any shall be found, 
to seize and secure the same for trial; and all such goods, wares and 
merchandise, on which the duties shall not have been paid, or secured to be 
paid, shall be forfeited. 

NAVICULARIS, civil law. He who had the management and care of a ship. The 
same as our sea captain. Bouch. Inst. n. 359. Vide Captain. 

NAVIGABLE. Capable of being navigated. 
     2. In law, the term navigable is applied to the sea, to arms of the 
sea, and to rivers in which the tide flows and reflows. 5 Taunt. R. 705; S. 
C. Eng. Com. Law Rep. 240; 5 Pick. R. 199; Ang. Tide Wat. 62; 1 Bouv. Inst. 
n. 428. 
     3. In North Carolina; 1 M'Cord, R. 580; 2 Dev. R. 30; 3 Dev. R. 59; and 
in Pennsylvania; 2 Binn. R. 75; 14 S. & R. 71; the navigability of a river 
does not depend upon the ebb and flow of the tide, but a stream navigable by 
sea vessels is a navigable river. 
     4. By the common law, such rivers as are navigable in the popular sense 
of the word, whether the tide ebb and flow in them or not, are public 
highways. Ang. Tide Wat. 62; Ang. Wat. Courses, 205 1 Pick. 180; 5 Pick. 
199; 1 Halst. 1; 4 Call, 441: 3 Blackf. 136. Vide Arm of the sea; Reliction; 
River. 

NAVIGATION. The act of traversing the sea, rivers or lakes, in ships or 
other vessels; the art of ascertaining the geographical position of a ship, 
and directing her course. 
     2. It is not within the plan of this work to copy the acts of congress 
relating to navigation, or even an abstract of them. The reader is referred 
to Story's L. U. S. Index, h.t.; Gordon's Dic. art. 2905, et seq. 

NAVY. The whole shippings taken collectively, belonging to the government of 
an independent nation; the ships belonging to private individuals are not 
included in the navy. 
     2. The constitution of the United States, art. 1, s. 8, vests in 
congress the power to provide and maintain a navy." 
     3. Anterior to the war of 1812, the navy of the United States bad been 
much neglected, and it was not until during the late war, when it fought 
itself into notice, that the public attention was seriously attracted to it. 
Some legislation favorable to it, then took place. 
     4. The act of January 2, 1813, 2 Story's L. U. S. 1282, authorized the 
president of the United States, as soon as suitable materials could be 
procured therefor, to cause to be built, equipped and employed, four ships 
to rate not less than seventy-four guns, and six ships to rate forty-four 
guns each. The sum of two millions five hundred thousand dollars is 
appropriated for the purpose. 
     5. And by the act of March 3, 1813, 2 Story, L. U. S. 1313, the 
president is further authorized to have built six sloops of war, and to have 
built or procured such a number of sloops of war or other armed vessels, as 
the public service may require on the lakes. The sum of nine hundred 
thousand dollars is appropriated for this purpose, and to pay two hundred 
thousand dollars for vessels already procured on the lakes. 
     6. The act of March 3, 1815, 2 Story, L. U. S. 1511, appropriates the 
sum of two hundred thousand dollars annually for three years, towards the 
purchase of a stock of materials for ship building. 
     7. The act of April 29, 1816, may be said to have been the first that 
manifested the fostering care of congress. By, this act the sum of one 
million of dollars per annum for eight years, including the sum of two 
hundred thousand dollars per annum appropriated by the act of March 3, 1815, 
is appropriated. And the president is authorized to cause to be built nine 
ships, to rate not less than seventy-four guns each, and twelve ships to 
rate not less than forty-four guns each, including one seventy-four and 
three forty-four gun ships, authorized to be built by the act of January 2d, 
1813. The third section of this act authorizes the president to procure 
steam engines and all the imperishable materials for building three steam 
batteries. 
     8. The act of March 3, 1821, 3 Story's L. U. S. 1820, repeals the first 
section of the act of the 29th April, 1816, and instead of the appropriation 
therein contained, appropriates the sum of five hundred thousand dollars per 
annum for six years, from the year 1821 inclusive, to be applied to carry 
into effect the purposes of the said act. 
     9. To repress piracy in the gulf of Mexico, the Act of 22d December, 
1822, was passed, 3 St. L. U. S. 1873. It authorizes the president to 
purchase or construct a sufficient number of vessels to repress piracy in 
that gulf and the adjoining seas and territories. It appropriates one 
hundred and sixty thousand dollars for the purpose. 
    10. The act of May 17, 1826, authorizes the suspension of the building 
of one of the ships above authorized to be built, and authorizes the 
president to purchase a ship of not less than the smallest class authorized 
to be built by the act of 29th April, 1816. 
    11. The act of March 3, 1827, 3 St. L. U. S. 2070, appropriates five 
hundred thousand dollars per annum for six years for the gradual improvement 
of the navy of the United States, and authorizes the president to procure 
materials for ship building. A further appropriation is made by the act of 
March 2, 1833, 4 Sharsw. con. of St. L. U. S. 2346, of five hundred thousand 
dollars annually for six years from and after, the third of March, 1833, for 
the gradual improvement of the navy of the United States; and the president 
is authorized to cause the above mentioned appropriation to be applied as 
directed by the act of March 3, 1827. 
    12. For the rules and regulations of the navy of the United States, the 
reader is referred to the act "for the better government of the navy of the 
United States." 1 St. L. U. S. 761. Vide article Names of Ships. 

NE DISTURBA PAS, pleading. The general issue in quare impedit. Hob. 162 Vide 
Rast, 517; Winch. Ent. 703. 

NE BAILA PAS. He did not deliver. This is a plea in detinue, by which the 
defendant denies the delivery to him of the thing sued for. 

NE DONA PAS, or NON DEDIT, pleading. The general issue in formedon; and is 
in the following formula: "And the said C D, by J K, his attorney, comes and 
defends the right, when, &c., and says, that the said E F did not give the 
said manor, with the appurtenances, or ally part thereof, to the said G B, 
and the heirs of his body issuing, in manner and form as the said A B hath 
in his count above alleged.' And of this the said C D puts himself upon the 
country." 10 Went. 182. 

NE EXEAT REPUBLICA, practice. The name of a writ issued by a court of 
chancery, directed to the sheriff, reciting that the defendant in the case 
is indebted to the a complainant, and, that he designs going quickly into 
parts without the state, to the damage of the complainant, and then 
commanding him to cause the defendant to give bail in a certain sum that he 
will not leave the state without leave of the court, and for want of such 
bail that he the sheriff, do commit the defendant to prison. 
     2. This writ is used to prevent debtors from escaping from their 
creditors. It amounts in ordinary civil cases, to nothing more than process 
to hold to bail, or to compel a party to give security to abide the decree 
to be made in his case. 2 Kent, Com. 32 1 Clarke, R. 551,; Beames' Ne Excat; 
13 Vin. Ab. 537; 1 Supp to Ves. jr. 33, 352, 467; 4 Ves. 577 5 Ves. 91; Bac. 
Ab. Prerogative, C; 8 Com. Dig. 232; 1 Bl. Com. 138 Blake's Ch. Pr. Index, 
h.t.; Madd. Ch. Pr. Index, h.t.; 1 Smith's Ch. Pr. 576; Story's Eq. Index, 
h.t. 
     3. The subject may be considered under the following heads. 
     4.-1. Against whom a writ of ne exect may be issued. It may be issued 
against foreigners subject to the jurisdiction of the court, citizens of the 
same state, or of another state, when it appears by a positive affidavit 
that the defendant is about to leave the state, or has threatened to do so, 
and that the debt would be lost or endangered by his departure. 3 Johns. Ch. 
R. 75, 412; 7 Johns. Ch. R. 192; 1 Hopk. Ch. R. 499. On the same principle 
which has been adopted in the courts of law that a defendant could not be 
held to bail twice for the same cause of action, it has been decided that a 
writ of ne exeat was not properly issued against a defendant who had been 
held to bail in an action at law. 8 Ves. jr. 594. 
     5.-2. For what claims. This writ can be issued only. for equitable 
demands. 4 Desaus. R. 108; 1 Johns. Ch. R. 2; 6 Johns. Ch. R. 138; 1 Hopk. 
Ch. R. 499. It may be allowed in a case to prevent the failure of justice. 2 
Johns. Chanc. Rep. 191. When the demand is strictly legal, it cannot be 
issued, because the court has no jurisdiction. When the court has concurrent 
jurisdiction with the courts of common law, the writ may, in such case, 
issue, unless the party has been already arrested at law. 2 Johns. Ch. R. 
170. In all cases, when a writ of Be exeat is claimed, the plaintiff's 
equity must appear on the face of the bill. 3 Johns. Ch. R. 414. 
     6.-3. The amount of bail. The amount of bail is assessed by the court 
itself and a sum is usually directed sufficient to cover the existing debt, 
and a reasonable amount of future interest, having regard to the probable 
duration of the suit. 1 Hopk. Ch. R. 501. 

NE LUMINIBUS OFFICIATOR, civil law. The name of a servitude which restrains 
the owner of a house from making such erections as obstruct the light of the 
adjoining house. Dig. 8, 4, 15, 17. 

NE RECIPIATUR. That it be not received. A caveat or words of caution given 
to a law officer, by a party in a cause, not to receive the next proceedings 
of his opponent. 1 Sell. Br. 7. 

NE RELESSA PAS. The name of a replication to a plea, of release, by which 
the plaintiff insists he did not release. 2 Bulst. 55. 

NE UNJUSTE VEXES, old Eng. law. The name of a writ which issued to relieve 
a tenant upon, whom his lord had distrained for more services than he was 
bound to perform. 
     2. It was a prohibition to the lord, not unjustly to distrain or vex 
his tenant. F. N. B. h.t. 

NE UNQUES ACCOUPLE, pleading. A plea by which the party denies that he ever 
was lawfully married to the person to whom it refers. See the form, 2 Wils. 
R. 118; Morg. 582; 10 Went. Prec. Pl. 158; 211 Bl. 145; 3 Chit. PI. 599. 

NE UNQUES EXECUTOR, pleading. A plea by which the party who uses it denies 
that the plaintiff is an executor, as he claims to be; or that the defendant 
is executor, as the plaintiff in his declaration charges him to be. 1 Chit. 
Pl. 484; 1 Saund. 274, n. 3; Coin. Dig. Pleader, 2 D, 2 2 Chit. PI. 498. 

NE UNQUES SEISIE QUIZ DOWER, pleading. A plea by which a defendant denies 
the right of a widow who sues for, and demands her dower in lands, &c., late 
of her husband, because the husband was not, on the day of her marriage with 
him, or any time afterwards, seised of such estate, so that she could be 
endowed of the game. See 2 Saund. 329; 10 Went. 159; 3 Chitt. Pl. 598, and 
the authorities there cited. 

NE UNQUES SON RECEIVER, pleading. The name of a plea in an action of account 
render, by which the defendant affirms that he never was receiver of the 
plaintiff. 12 Vin. Ab. 183. 

NE VARIETUR. These words, which literally signify that it be not varied or 
changed, are sometimes written by notaries public upon bills or notes, for 
the purpose of identifying them. This does not destroy their negotiability. 
8 Wheat. 338. 

NEAT or NET, contracts. The exact weight of an article, without the bag, 
box, keg, or other thing in which it may be enveloped. 

NEATNESS, pleading. The statement, in apt and appropriate words, of all the 
necessary facts, and ne more. Lawes on Pl. 62. 

NECESSARIES. Such things as are proper and requisite for the sustenance of 
man. 
     2. The term necessaries is not confined merely to what is requisite 
barely to support life, but includes many of the conveniences of refined 
society. It is a relative term, which must be applied to the circumstances 
and conditions of the parties. 7 S. & R. 247. Ornaments and superfluities of 
dress, such as are usually worn by the party's rank and situation in life, 
have been classed among necessaries. 1 Campb. R. 120; 7 C. & P. 52; 1 
Hodges, R. 31; 8 T. R. 578; 3 Campb. 326; 1 Leigh's N. P. 135. 
     3. Persons incapable of making contracts generally, may, nevertheless, 
make legal engagements for necessaries for which they, or those bound to 
support them, will be held responsible. The classes of persons who, although 
not bound by their usual contracts, can bind themselves or others for 
necessaries, are infants and married women. 
     4.-1. Infants are allowed to make binding contracts whenever it is 
for their interest; when, therefore, they are unprovided with necessaries, 
which, Lord Coke says, include victuals, clothing, medical aid, and "good 
teaching and instruction, whereby he may profit himself afterwards," they 
may buy them, and their contracts will be binding. Co. Litt. 172 a. 
Necessaries for the infant's wife &lad children, are necessaries for 
himself. Str. 168; Com. Dig. Enfant, B 5; 1 Sid. 112 2 Stark. Ev. 725; 8 
Day, 37 1 Bibb, 519; 2 Nott & McC. 524; 9 John. R. 141.; 16 Mass. 31; Bac. 
Ab. Infancy, I. 
     5.-2. A wife is allowed to make contracts for necessaries, and her 
husband is generally responsible upon them, because his assent is presumed, 
and even if notice be given not to trust her, still he would be liable for 
all such necessaries as she stood in need of; but in this case, the creditor 
would be required to show she did stand in need of the articles furnished. 1 
Salk. 118 Ld. Raym. 1006. But if the wife elopes, though it be not with an 
adulterer, ho is not chargeable even for necessaries; the very fact of the 
slopement and 'Separation, is sufficient to put persons on inquiry, and 
whoever gives credit to the wife afterwards, gives it at his peril. 1 Salk. 
119; Str. 647; 1 Sid. 109; S. C. 1 Lec. 4; 12 John. R. 293; 3 Pick. R. 289; 
2 Halst. 146; 11 John. R. 281; 2 Kent, Com. 123; 2 St. Ev. 696; Bac. Ab. 
Baron and Feme, H; Chit. Contr. Index, h.t.; 1 Hare & Wall. Sel. Dec. 104, 
106; Ham. on Parties, 217. 

NECESSARY AND PROPER. The Constitution of the United States, art. 1, s. 8, 
vests in congress the power "to make all laws, which shall be necessary and 
proper, for carrying into execution the foregoing powers, and all other 
powers vested by this constitution in the government of the United States, 
in any department or officer thereof." 
     2. This power bas ever been viewed with perhaps unfounded jealousy and 
distrust. is a power expressly given, which, without this clause, would, be 
implied. The plain import of the clause is, that congress shall have all 
incidental and instrumental powers, necessary and proper to carry into 
execution all the express powers. It neither enlarges any power, 
specifically granted, nor is it a grant of any new power to congress. It is 
merely a declaration for the removal of all uncertainty, that the means of 
carrying into execution those already granted, are included in the grant. 
     3. Some controversy has taken place as to what is to be considered 
"necessary." It has been contended that by this must be understood what is 
indispensable; but it is obvious the term necessary means no more than 
useful, needful, requisite, incidental, or conducive to. It is in this sense 
the word appears to have been used, when connected with the word "proper." 4 
Wheat. 418-420; 3 Story, Const. Sec. 1231 to 1253. 

NECESSARY INTROMISSION, Scotch law. When the husband or wife continues, 
after the decease of his or her companion in possession of the decedent's 
goods, for their preservation. 

NECESSITY. In general, whatever makes the contrary of a thing impossible, 
whatever may be the cause of such impossibilities, 
     2. Whatever is done through necessity, is done without any intention, 
and as the act is done without will, (q.v.) and is compulsory, the agent is 
not legally responsible. Bac. Max. Reg. 5. Hence the maxim, necessity has no 
law; indeed necessity is itself a law which cannot be avoided nor infringed. 
Clef des Lois Rom. h.t.; Dig 10, 3, 10, 1; Com. Dig. Pleader, 3 M 20, 3 M 
30. 
     3. It follows, then, that the acts of a man in violation of law., or to 
the injury of another, may be justified by necessity, because the actor has 
no will to do or not to do the thing, he is a mere tool; but, it is 
conceived, this necessity must be absolute and irresistible, in fact, or so 
presumed in point of law. 
     4. The cases which are justified by necessity, may be classed as 
follows: 
     I. For the preservation of life; as if two persons are on the same 
plank, and one must perish, the survivor is justified in having thrown off 
the other, who was thereby drowned. Bac. Max, Reg. 5. 
     5.-2. Obedience by a person subject to the power of another; for 
example, if a wife should commit a larceny with her husband, in this case 
the law presumes she acted by coercion of her husband, and, being compelled, 
by necessity, she is justifiable. 1 Russ. Cr. 16, 20; Bac. Max. Reg. 5. 
     6.-3. Those cases which arise from the act of God, or inevitable 
accident, or from the act of man, as public enemies. Vide Act of God; 
Inevitable Accident and also 15 Vin. Ab. 534 Dane's Ab h.t.; 2 Stark. Ev. 
713; Marsh. Ins. b. 1, c. 6, s. 3 Jacob's Intr. to. Com. Law. Reg. 74. 
     7.-4. There is another species of necessity. The actor in these cases 
is not compelled to do the act whether he will or not, but he has no choice 
left but to do the act which may be injurious to another, or to lose the 
total use of his property. For example, when a man's lands are surrounded by 
those of others, so that he cannot enjoy them without trespassing on his 
neighbors. The way which is thus obtained, is called a way of necessity. 
Gale and Whatley on Easements, 71; 11 Co. 52; Hob. 234; 1 Saund. 323, note. 
See 3 Rawle, R. 495; 3 M'Cord, R. 131; Id. 170; 14 Mass. R. 56; 2 B. & C. 
96; 2 Bing. R. 76; 8 T. R. 50; Cro. Jac. 170; 2 Roll. Ab. 60; 3 Kent, Com. 
423; 3 Rawle's R. 492; 1 Taunt. R. 279; 8 Taunt. R. 24; ST. R. 50; Ham. N. 
P. 198; Cro. Jac. 170; 2 Bouv. Inst. n. 1637; and Way. 

NEGATION. Denial. Two negations are construed to mean one affirmation. Dig. 
50, 16, 137. 

NEGATIVE. This word has several significations. 1. It is used in 
contradistinction to giving assent; thus we say the president has put his 
negative upon such a bill. Vide Veto. 2. It is also used in 
contradistinction to affirmative; as, a negative does not always admit of 
the simple and direct proof of which an affirmative is capable. When a party 
affirms a negative in his pleadings, and without the establishment of which, 
by evidence, he cannot recover or defend himself, the burden of the proof 
lies upon him, and he must prove the negative. 8 Toull. n. 18. Vide 2 Gall. 
Rep. 485; 1 McCord, R. 573; 11 John. R. 513; 19 John. R. 345; 1 Pick. R. 
375; Gilb. Ev. 145; 1 Stark. Ev. 376; Bull. N. P. 298; 15 Vin. Ab. 540; Bac. 
Ab. Pleas, &c. I. 
    202. Although as a general rule the affirmative of every issue must be 
proved, yet this rule ceases to operate the moment the presumption of law is 
thrown into the other scale. When the issue is on the legitimacy of a child, 
therefore, it is incumbent on the party asserting the illegitimacy to prove 
it. 2 Selw. N. P. 709. Vide Affirmative Innocence. 

NEGATIVE AVERMENT, pleading, evidence. An averment in some of the pleadings 
in a case in which a negative is asserted. 
     2. It is a general rule, established for the purpose of shortening and 
facilitating investigations, that the point in issue is to be proved by the 
party who asserts the affirmative; 1 Phil. Ev. 184; Bull N. P. 298; but as 
this rule is not founded on any presumption of law in favor of the party, 
but is merely a rule of practice and convenience, it, ceases in all cases 
when the presumption of law is thrown into the opposite scale. Gilb. Ev. 
145. For example, when the issue is on the legitimacy of a child born in 
lawful wedlock, it is, incumbent on the party asserting its illegitimacy to 
prove it. 2 Selw. N. P. 709. 
     3. Upon the same principle, when, the negative averment involves a 
charge of criminal neglect of duty, whether official or otherwise, it must 
be proved, for the law presumes every man to perform the duties which it 
imposes. 2 Gall. R. 498; 19 John. R. 345; 10 East, R. 211; 3 B. & P. 302; 3 
East, R. 192; 1 Mass. R. 54; 3 Campb. R. 10; Greenl. Ev. SS 80; 3 Bouv. 
Inst. n. 3089. Vide Onus Probandi. 

NEGATIVE CONDITION, contracts, wills. One where the thing which is the 
subject of it must not happen; as, if I do not marry. Poth. Ob. n. 200; 1 
Bouv. Inst. n. 751. 

NEGATIVE PREGNANT, pleading. Such form of negative expression, in pleading, 
as may imply or carry within it an affirmative. 
     2. This is faulty, because the meaning of such form of expression is 
ambiguous. Example: in trespass for entering the plaintiff's house, the 
defendant pleaded, that the plaintiff's daughter gave him license to do so; 
and that he entered by that license. The plaintiff replied that he did not 
enter by her license. This was considered as a negative pregnant and it was 
held the plaintiff should have traversed the entry by itself, or the license 
by itself, and not both together. Cro. Jac. 87. 
     3. It may be observed that this form of traverse may imply; or carry 
within it, that the license was given, though the defendant did not enter by 
that license. It is therefore in the language of pleading said to be 
pregnant with the admission, namely, that a license was given: at the same 
time, the license is not expressly admitted, and the effect therefore is, to 
leave it in doubt whether the plaintiff means to deny the license, or to 
deny, that the defendant entered by virtue of that license. It is this 
ambiguity which appears to constitute the fault. 28 H. VI. 7; Hob. 295; 
Style's Pr. Reg. Negative Pregnant. Steph. PI. 381; Gourd, Pl. c. 6, Sec. 
29-37. 
     4. This rule, however, against a negative pregnant, appears, in modern 
times at least, to have received no very strict construction; for many cases 
have occurred in which, upon various grounds of distinction from the general 
rule, that form of expression has been free from objection. See several 
instances in Com. Dig. Pleader, R. 6; 1 Lev. 88; Steph. Pl. 383. Vide Arch. 
Civ. PI. 218; Doct. Pl. 817; Lawe's Civ. Pl. 114; Gould, Pl. c. 6, 36. 

NEGATIVE STATUTE. One which is enacted in negative terms, and which so 
controls the common law, that it has no force in opposition to the statute. 
Bro. Parl. pl. 72; Bac. Ab. Statutes, G. 

NEGLIGENCE, contracts, torts. When considered in relation, to contracts, 
negligence may be divided into various degrees, namely, ordinary, less than 
ordinary, more than ordinary. 1 Miles' Rep. 40. 
     2. Ordinary negligence is the want of ordinary diligence; slight or 
less than ordinary negligence, is, the want of great diligence; and gross 
or more than ordinary negligence, is the want of slight diligence. 
     3. Three great principles of responsibility, seem naturally to follow 
this division. 
     4.-1. In those contracts which are made for the sole benefit of the 
creditor, the debtor is responsible only for gross negligence, good faith 
alone being required of him; as in tile case of a depositary, who is a 
bailee without reward; Story, Bailm. 62; Dane's Ab. c. 17, a, 2; 14 Serg. & 
Rawle, 275; but to this general rule, Pothier makes two exceptions. The 
first, in relation to the contract of a mandate, and the second, to the 
quasi contract negotiorum gestorum; in these cases, he says, the party 
undertaking to perform these engagements, is bound to use necessary care. 
Observation Generale, printed at the end of the Traite des Obligations. 
     5.-2. In those contracts which are for the reciprocal benefit of both 
parties, such as those of sale, of hiring, of pledge, and the like, the 
party is bound to take, for the object of the contract, that care which a 
prudent man ordinarily takes of his affairs, and he will therefore be held 
responsible for ordinary neglect. Jones' Bailment, 10, 119; 2 Lord Raym. 
909; Story, Bailm. Sec. 23; Pothier, Obs. Gener. ubi supra. 
     6.-3. In those contracts made for the sole interest of the party who 
has received, and is to return the thing which is the object of the 
contract, such, for example, as loan for use, or commodatum, the slightest 
negligence will make him responsible. Jones' Bailm. 64, 65; Story's Bailm. 
Sec. 237; Pothier, Obs. Gen. ubi supra. 
     7. In general, a party who has caused an injury or loss to another in 
consequence of his negligence, is responsible for all the consequence. Hob. 
134; 3 Wils. 126; 1  Chit. TI. 129, 130; 2 Hen. & Munf. 423; 1 Str. 596; 3 
East, R. 596. An example of this kind may be found in the case of a person 
who drives his carriage during a dark night on the wrong side of the road, 
by which he commits an injury to another. 3 East, R. 593; 1 Campb. R. 497; 2 
Cam b. 466; 2 New Rep. 119. Vide Gale and Whatley on Easements, Index, h.t.;
6 T. R. 659; 1 East, R. 106; 4 B. & A; 590; S. C. 6 E. C. L. R. 628; 1 
Taunt. 568; 2 Stark. R. 272; 2 Bing. R. 170; 5 Esp. R. 35, 263; 5 B. & C. 
550. Whether the incautious conduct of the plaintiff will excuse the 
negligence of the defendant, see 1 Q. B. 29; 4 P. & D. 642; 3 M. Lyr. & Sc. 
9; Fault. 
     8. When the law imposes a duty on an officer, whether it be by common 
law or statute, and he neglects to perform it, he may be indicted for such 
neglect; 1 Salk. R. 380; 6 Mod, R. 96; and in some cases such neglect will 
amount to a forfeiture of the office. 4 Bl. Com. 140. See Bouv. Inst. Index, 
h.t. 

NEGLIGENT ESCAPE. The omission to take such a care of a prisoner as a gaoler 
is bound to take, and in consequence of it, the prisoner departs from his 
confinement, without the knowledge or consent of the gaoler, and eludes 
pursuit. 
     2. For a negligent escape, the sheriff or keeper of the prison is 
liable to punishment in a criminal case; and in a civil case, be is liable 
to an action for damages at the suit of the plaintiff. In both cases, the 
prisoner may be retaken. 3 Bl. Com. 415. 

NEGOTIABLE. That which is capable of being transferred by assignment; a 
thing, the title to which may be transferred by a sale and indorsement or 
delivery. 
     2. A chose in action was not assignable at common law, and therefore 
contracts or agreements could not be negotiated. But exceptions have been 
allowed to this rule in relation to simple contracts, and others have been 
introduced by legislative acts. So that, now, bills of exchange, promissory 
notes, bills of lading, bank notes, payable to order, or to bearer, and, in 
some states, bonds and other specialties, may be transferred by assignment, 
indorsement, or by delivery, when the instrument is payable to bearer. 
     3. When a claim is assigned which is not negotiable at law, such, for 
example, as a book debt, the title to it remains at law in the assigner, but 
the assignee is entitled to it in equity, and he may therefore recover it in 
the assignor's name. See, generally, Hare & Wall. Sel. Dec. 158 to 194 
Negotiable paper. 

NEGOTIABLE PAPER, contracts. This term is applied to bills of exchange and 
promissory notes, which are assignable by indorsement or delivery. 
     2. The statute of 3 & 4 Anne (the principles of which have been 
generally adopted in this country, either formally, or in effect,) made 
promissory notes payable to a person, or to his order, or bearer, negotiable 
like inland bills, according to the custom of merchants. 
     3. This negotiable quality transfers the debt from the party to whom it 
was originally owing, to the holder, when the instrument is properly 
indorsed, so as to enable the latter to sue in his own name, both the maker 
of a promissory note, or the acceptor of a bill of exchange, and the other 
parties to such instruments, such as the drawer of a bill, and the indorser 
of a bill or note, unless the holder has been guilty of laches in giving the 
required notice of non-acceptance or non-payment. But in order to make paper 
negotiable, it is essential that it be payable in money only, at all events, 
and not out of a particular fund. 1 Cowen, 691; 6 Cowen, 108; 2 Whart. 233; 
1 Bibb, 490, 503; 1 Ham. 272; 3 J. J. Marsh, 174, 542; 3 Halst. 262; 4 
Blackf. 47; 6 J. J. Marsh, 170; 4 Mont. 124. See 1 W. C. C. R. 512; 1 Miles, 
294; 6 Munf. 3; 10 S. & R. 94; 4 Watts, 400; 4 Whart. R. 252; 9 John. 120; 
19 John. 144; 11 Vern. 268; 21 Pick. 140. Vide Promissory note. Vide 3 Kent. 
Com. Lecture 44; Com. Dig. Merchant, F 15, 16; 2 Hill, R. 59; 13 East, 509; 
3 B. & C. 47; 7 Bing. 284; 5 T. R. 683; 7 Taunt. 265, 278; 3 Burr. 1516 6 
Cowen, 151. 
     4. To render a bill or note negotiable, it must be payable to order, or 
to bearer. When it is payable "to A B only," it cannot be negotiated so as 
to give the indorsee a claim against any one but his indorser. Dougl. 615. 
An indorsement to A B, without adding "or order," is not restrictive to A B 
alone, he may, therefore, assign it to another; Str. 557; or he may indorse 
it in blank, when any attempt, afterwards, to restrain its negotiability 
will be unavailing. Esp. N. P. Cas. 180; 1 Bl. Rep. 295. Vide Blank 
Indorsement; Indorsement. 

NEGOTIATION, contracts The deliberation which takes place between the 
parties touching a proposed agreement. 
     2. That which transpires in the negotiation makes no part of the 
agreement, unless introduced into it. It is a general rule that no evidence 
can be given to add, diminish, contradict or alter a written instrument. 1 
Dall. 426; 4 Dall. 340; 3 S. & R. 609; 7 S. & R. 114. See Pourparler 

NEGOTIATION, merc. law. The act by which a bill of exchange or promissory 
note is put into circulation by being passed by one of the original parties 
to another person. 
     2. Until an accommodation bill or note has been negotiated, there is no 
contract which can be enforced on the note: the contract, either express or 
implied, that the party accommodated will indemnify the other, is, till 
then, conditional. 2 Man. & Gr. 911. 

NEGOTIORUM GESTOR, contracts. In the civil law, the negotiorum gestor is one 
who spontaneously, and without authority, undertakes to act for another 
during his absence, in his affairs. 
     2. In cases of this sort, as he acts wholly without authority, there 
can, strictly speaking, be no contract, but the civil law raises a quasi 
mandate by implication, for the benefit of the owner in many such cases. 
Poth. App. Negot. Gest. Mandat, n. 167, &c.; Dig. 3, 5, 1, 9; Code, 2, 19, 
2. 
     3. Nor is an implication of this sort wholly unknown to the common 
law., where there has been a subsequent ratification of acts of this kind by 
the owner; and sometimes, when unauthorized acts are done, positive 
presumptions are made by law for the benefit of particular, parties. For 
example, if a person enters upon a minor's lands, and takes the profit's, 
the law will oblige him to account to the minor for the profits, as his 
bailiff, in many cases. Dane's Abr. ch. 8, art. 2; SS 10; Bac. Abr. Account 
1; Com. Dig. Accompt, A 3. 
     4. There is a case which has undergone decisions in our law, which 
approaches very near to that of negotionum gestorum. A master bad 
gratuitously taken charge of, and received on board of his vessel a box, 
containing doubloons and other valuables, belonging to a passenger, who was 
to have worked his passage, but was accidentally left behind. During the 
voyage, the master opened the box, in the presence of the passengers, to 
ascertain its contents, and whether there were contraband goods in it; and 
he took out the contents and lodged them in a bag in his own chest in his 
cabin, where his own valuables were kept. After his arrival in port, the bag 
was missing. The master was held responsible for the loss, on the ground 
that he had imposed on himself the duty of carefully guarding against all 
peril to which the property was exposed by means of the alteration in the 
place of custody, although as a bailee without hire, he might not otherwise 
have been bound to take more than a prudent care of them; and that he had 
been guilty of negligence in guarding the goods. 1 Stark. R. 237. See Story, 
Bailm. Sec. 189; Story, Agency, Sec. 142; Poth. Pand. 1. 3, t. 5, n. 1 to 
L4; Poth. Ob. n. 113; 2 Kent, Com. 616, 3d ed; Ersk. Inst. B. 1, t. 3, SS 
52; Stair, Inst. by Brodie, B. l, t. 8, Sec. 3 to 6. 

NEIF, old Eng. law. A woman who was born a villain, or a bond woman. 

NEMINE CONTRADICENTE, legislation. These words, usually abbreviated nem. 
con., are used to signify the unanimous consent of the house to which they 
are applied. In England they are used in the house of commons; in the house 
of lords, the words to convey the same idea are nemine dissentiente. 

NEPHEW, dom. rel. The son of a person's brother or sister. Amb. 514; 1 
Jacob's Ch. R. 207. 

NEPOS. A grandson. This term is used in making genealogical tables. 

NEUTRAL PROPERTY, insurance. The words "neutral property" in a policy of 
insurance, have the effect of warranting that the property insured is 
neutral; that is, that it belongs to the citizens or subjects of a state in 
amity with the belligerent powers. 
     2. This neutrality must be complete hence the property of a citizen or 
subject of a neutral state, domiciled in the dominions of one of the 
belligerents, and carrying on commerce there, is not neutral property; for 
though such person continue to owe allegiance to his country, and may at any 
time by returning there recover all the privileges of a citizen or subject 
of that country; yet while he resides in the dominion of a belligerent he 
contributes to the wealth and strength of such belligerent, and is not 
therefore entitled to the protection of a neutral flag; and his property is 
deemed enemy's property, and liable to capture, as such by the other 
belligerent. Marsh. Ins. B. 1, c. 9, s. 6; l John. Cas. 363; 3 Bos. & Pull. 
207, u. 4; Esp. R. 108; l Caines' R. 60; 16 Johns. R. 128. See also 2 Johns. 
Cas. 478; 1 Caines' C. Err. xxv.; l Johns. Cas. 360; 2 Johns. Cas. 191. 
     3. If the warranty of neutrality be false at the time, it is made, the 
policy will be void ab initio. But if the 'ship, and property are neutral at 
the time when the risk commences, this is a sufficient compliance with a 
warranty of neutral property, and a subsequent declaration of war will not 
be a breach of it. Dougl. 705. See 1 Binn. 293; 8 Mass. 308; 14 Johns. R. 
308; 5 Binn. 464; 2 Serg. & Rawle, 119; 4 Cranch, 185; 7 Cranch, 506; 2 
Dall. 274. 

NEUTRALITY, international law. The state of a nation which takes no part 
between two or more other. nations at war with each other. 
     2. Neutrality consists in the observance of a strict and honest 
impartiality, so as not to afford advantage in the war to either party; and 
particularly in so far restraining its trade to the accustomed course, which 
is held in time of peace, as not to render assistance to one of the 
belligerents in escaping the effects of the other's hostilities Even a loan 
of money to one of the belligerent parties is considered a violation of 
neutrality. 9 Moore's Rep. 586. A fraudulent neutrality is considered as no 
neutrality. 
     3. In policies of insurance there is frequently a warranty of 
neutrality. The meaning of this warranty is, that the property insured is 
neutral in fact, and it shall be so in appearance and conduct; that the 
property does belong to neutrals; that it is or shall be documented so as to 
prove its neutrality, and that no act of the insured or his agents shall be 
done which can legally compromise its neutrality. 3 Wash. C. C. R. 117. See 
1 Caines, 548; 2 S. & R. 119; Bee, R. 5; 7 Wheat. 471; 9 Cranch, 205; 2 
John. Cas. 180; 2 Dall. 270; 1 Gallis. 274; Bee, R. 67. 
     4. The violation of neutrality by citizens of the United States, 
contrary to the provisions of the act of congress of April 20, 1818, Sec. 3, 
renders the individual liable to an indictment. One fitting out and arming a 
vessel in the United States, to commit hostilities against a foreign power 
at peace with them, is therefore indictable. 6 Pet. 445; Pet. C. C. R. 487. 
Vide Marsh. Ins. 384 a; Park's Ins. 'Index, h.t.; 1 Kent, Com. 116; 
Burlamaqui, pt. 4, c. 5, s. 16 & 17; Bunk. lib. 1, c. 9; Cobbett's 
Parliamentary Debates; 406; Chitty, Law of Nat., Index, h.t.; Mann. Comm. 
B. 3, c. 1; Vattel, 1. 3, c. 7, SS 104; Martens, Precis. liv. 8, c. 7, SS 
306; Bouch. Inst. n. 1826-1831. 

NEW. Something not known before.
     2. To be patented, an invention must be new. When an invention has been 
described in a printed book which has been publicly circulated, and 
afterwards a person takes out a patent for it, his patent is invalid, 
because the invention was not new, 7 Mann' & Gr. 818. See New and Useful 
Invention. 

NEW AND USEFUL INVENTION. This phrase is used in the act of congress 
relating to granting patents for inventions. 
     2. The invention to be patented must not only be new, but useful; that 
is, useful in contradistinction to frivolous or mischievous inventions. It 
is not meant that the invention should in all cases be superior to the modes 
now in use for the same purposes. 1 Mason's C. C. R. 182; 1 Mason's C. C. R. 
302; 4 Wash. C. C. R. 9: 1 Pet. C, C. R. 480, 481; 1 Paine's C. C. R. 203; 3 
Mann. Gr. & Scott, 425. The law as to the usefulness of the invention is the 
same in France. Renouard, c. 5, s. 16, n. 1, page 177. 

NEW FOR OLD. A term used in the law of insurance in cases of adjustment of a 
loss, when it has been but partial. In making such adjustment the rule is to 
apply the old materials towards the payment of the new, by deducting the 
value of them from the gross amount of the expenses for repairs, and to 
allow the deduction of one-third new for old upon the balance. See 1 Cowen, 
265; 4 Cowen, 245; 4 Ohio, 284; 7 Pick. 259; 14 Pick. 141. 

NEW or NOVEL ASSIGNMENT, pleading. Declarations are conceived in very 
general terms, and sometimes, from the nature of the action, are so framed 
as to be capable of covering several injuries. The effect of this is, that, 
in some cases, the defendant is not sufficiently guided by the declaration 
to the real cause of complaint; and is, therefore, led to apply his answer 
to a different matter from that which the plaintiff has in view. For 
example, it may happen that the plaintiff has, been twice assaulted by the 
defendant, and one of the assaults is justifiable, being in self-defence, 
while the other may have been committed without legal excuse. Supposing the 
plaintiff to bring an action for the latter; from the generality of the 
statement in the declaration, the defendant is not informed to which of the 
two assaults the plaintiff means to refer. The defendant may, therefore, 
suppose, or affect to suppose, that the first is the assault intended, and 
will plead son assault demesne. This plea the plaintiff cannot safely 
traverse, because an assault was in fact committed by the defendant, under 
the, circumstances of excuse here alleged; the defendant would have a right 
under the issue joined upon such traverse, to prove these circumstances, and 
to presume that such assault, and no other, was the cause of action. The 
plaintiff, therefore, in the supposed case, not being able safely to 
traverse, and having no ground either for demurrer, or for pleading in 
confession and avoidance, has no course, but, by a new pleading, to correct 
the mistake occasioned by the generality of the declaration, and to declare 
that he brought his action not for the first but for the second assault and 
this is called a new assignment. Steph. PI. 241-243. 
     2. As the object of a new assignment is to correct a mistake occasioned 
by the generality of the declaration, it always occurs in answer to a plea, 
and is therefore in the nature of a replication. It is not used in any other 
part of the pleading. 
     3. Several new assignments may occur in the course of the same series 
of pleading. 
     4. Thus in the above example, if it be supposed that three distinct 
assaults had been committed, two of which were justifiable, the defendant 
might plead as above to the declaration, and 'then, by way of plea to the 
new assignment,, he might again justify, in the same manner, another 
assault; upon which it would be necessary for the plaintiff to new-assign a 
third; and this upon the first principle by which the first new assignment 
was required. 1 Chit. PI. 614; 1 Saund. 299 c. 
     5. A new assignment is said to be in the nature of a new declaration. 
Bac. Abr. Trespass I, 4, 2; 1 Saund. 299 c. It seems, however, more properly 
considered as a repetition of the declaration; 1 Chit. PI. 602; differing 
only in this, that it distinguishes the true ground of complaint, as being 
different from that which is covered by the plea. Being in the nature of a 
new or repeated declaration, it is consequently to be framed with as much 
certainty or specification of circumstances, as the declaration itself. In 
some cases, indeed, it should be even more particular. Bac. Abr. Trespass, I 
4, 2; 1 Chitt. Pl. 610; Steph. Pl. 245. See 3 Bl. Com. 311; Arch. Civ. 318; 
Lawes' Civ. PI. Pl. 286; Doct. Pl. 318; Lawes' Civ. Pl. 163. 

NEW HAMPSHIRE. The name of one of the original states of the United States 
of America. During its provincial state, New Hampshire was governed, down to 
the period of the Revolution, by the authority of royal commissions. Its 
general assembly enacted the laws necessary for its welfare, in the manner 
provided for by the commission under which they then acted. 1 Story on the 
Const. Book, 1, c. 5, Sec. 78 to 81. 
     2. The constitution of this state was altered and amended by a 
convention of delegates, held at Concord, in the said state, by adjournment, 
on the second Wednesday of February, 1792. 
     3. The powers of the government are divided into three branches, the 
legislative, the executive, and the judicial. 
     4.-1st. The supreme legislative power is vested in the senate and 
house of representatives, each of which bas a negative on the other. 
     5. The senate and house are required to assemble on the first Wednesday 
in June, and at such times as they may judge necessary and are declared to 
be dissolved seven days next preceding the first Wednesday in June. They are 
styled The General Court of New Hampshire. 
     6.-1. The senate. It will be considered with reference to the 
qualifications of the electors the qualifications of the members; the number 
of members; the duration of their office; and the time and place of their 
election. 
     7.-1. Every male inhabitant of each town, and parish with town 
privileges, and places unincorporated, in this state, of twenty-one years of 
age and upwards, excepting paupers, and persons excused from paying taxes at 
their own request, have a right at the annual or other town meetings of the 
inhabitants of said towns and parishes, to be duly warned and holden 
annually forever in the month of March, to vote in the town or parish 
wherein he dwells, for the senators of the county or district whereof be is 
a member. 
     8.-2. No person shall be capable of being elected a senator, who is 
not seised of a freehold estate, in his own right, of the value of two 
hundred pounds, lying within this state, who is not of the age of thirty 
years, and who shall not have been an inhabitant of this state for seven 
years immediately preceding his election, and a the time thereof he shall be 
an inhabitant of the district for which he shall be chosen. 
     9.-3. The senate is to consist of twelve members. 
    10.-4. The senators are to hold their offices from the first Wednesday 
in June next ensuing their election. 
     5. The senators are elected by the electors in the month of March. 
    11.-2. The house of representatives will be considered in relation to 
its constitution, under the same divisions which have been made in relation 
to the senate. 
    12.-1. The electors are the same who vote for senators.
    13.-2. Every member of the house of representatives shall be chosen by 
ballot; and for two years at least next preceding his election, shall have 
been an inhabitant of this state; shall have an estate within the district 
which he may be chosen to represent, of the value of one hundred pounds, one 
half of which to be a freehold, whereof he is seised in his own right; shall 
be, at the time of his election, an inhabitant of the district he may be 
chosen to represent and shall cease to represent such district immediately 
on his ceasing to be qualified as aforesaid. 
    14.-3. There shall be in the legislature of this state, a 
representation of the people, annually elected, and founded upon principles 
of equality; and in order that such representation may be as equal as 
circumstances will admit, every town, parish, or place, entitled to town 
privileges, having one hundred and fifty rateable male polls, of twenty-one 
years of age, and upwards, may elect one representative; if four hundred and 
fifty rateable male polls, may elect two representatives; and so, proceeding 
in that proportion, make three hundred such rateable polls, the mean of 
increasing number, for every additional representative. Such towns, 
parishes, or places, as have less than one hundred and fifty rateable polls, 
shall be classed by the general assembly, for the purpose of choosing a 
representative, and seasonably notified thereof. And in every class formed 
for the above mentioned purpose, the first annual meeting shall be held in 
the town, parish, or place, wherein most of the rateable polls reside; and 
afterwards in that which has the next highest number and so on, annually, by 
rotation, through the several towns, parishes, or places forming the 
district. Whenever any town, parish, or place entitled to town privileges, 
as aforesaid, shall not have one hundred and fifty rateable polls, and be so 
situated as to render the classing thereof with any, other town, parish, or 
place very inconvenient; the general assembly may, upon application of a 
majority of the voters of such town, parish, or place, issue a writ for 
their selecting and sending, a representative to the general court. 
    15.-4. The members are to be chosen annually.
    16.-5. The election is to be in the month of March.
    17.-2. The executive power consists of a governor and a council. 
    18.-1. Of the governor. 1. The qualifications of electors of governor, 
are the same as those of senators. 
    19.-2. The governor, at the time of his election, must have been an 
inhabitant of this state for the seven years next preceding, be of the age 
of thirty years, and have an estate of the value of five hundred pounds, 
one-half of which must consist of a freehold in his own right, within the 
state. 
    20.-3. He is elected annually.
    21.-4. The election is in the month of March.
    22.-5. His general powers and duties are as follows, namely 1. In case 
of any infectious distemper prevailing in the place where the general court 
at any time is to convene, or any other cause whereby dangers may arise to 
the health or lives of the members from their attendance, the governor may 
direct the session to be holden at some other. 2. He is invested with the 
veto power. 3. He is commander-in-chief of the army and navy, and is 
invested with power on this subject very minutely described in the 
constitution as follows, namely: The governor of the state for the time being

shall be commander-in-chief of the army and navy, and all the military 
forces of this state, by sea and land: and shall have full power, by himself 
or by any chief commander, or other officer or officers, from time to time, 
to train, instruct, exercise and govern the militia and navy; and for the 
special defence and safety of this state, to assemble in martial array, and 
put in warlike posture the inhabitants thereof, and to lead and conduct 
them, and with them encounter, repulse, repel, resist, and pursue, by force 
of arms, as well by sea as by land, within and without the limits of this 
state; and also to kill, slay, destroy, if necessary, and conquer by all 
fitting ways, enterprise and means, all and every such person and persons as 
shall at any time hereafter in a hostile manner attempt or enterprise the 
destruction invasion, detriment, or annoyance of this state; and to use and 
exercise over the army and navy, and over the militia in actual service, the 
law martial in time of war, invasion, and also in rebellion, declared by the 
legislature to exist, as occasion shill necessarily require. And surprise, 
by all ways and means whatsoever, all and every such person or persons, with 
their ships, arms, ammunition, and other goods, as shall in a hostile manner 
invade, or attempt the invading, conquering, or annoying this state: And, in 
fine, the governor is hereby entrusted with all other powers incident to the 
office of captain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the constitution, and 
the laws of the land: Provided, that the governor shall not at any, time 
hereafter, by virtue of any power by this constitution granted, or hereafter 
to be granted to him by the legislature, transport any of the inhabitants of 
this state, or oblige them to march out of the limits of the same, without 
their free and voluntary consent, or the consent of the general court, nor 
grant commissions for exercising the law martial in any case, without the 
advice and consent of the council. 
    23. Whenever the chair of the governor shall become vacant, by reason 
of* his death, absence from the state or otherwise, the president of the 
senate shall, during such 'Vacancy, have and exercise all the powers and 
authorities which, by this constitution, the governor is vested with, when 
personally present; but when the president of the senate shall exercise the 
office of governor, he shall not hold his office in the senate. 
    24.-2. The council. 1. This body is elected by the freeholders and 
other inhabitants qualified to vote for senators. 2. No person shall be 
capable of being elected a councilor who has not an estate of the value of 
five hundred pounds within this state, three hundred pounds of which (or 
more) shall be a freehold in his own right, and who is not thirty years of 
age; and who shall not have been in inhabitant of this state for seven years 
immediately preceding his election; and at the time of his election an 
inhabitant of the county in which he is elected. 3. The council consists of 
five members. 4. They are elected annually. 5. The election is in the month 
of March. 6. Their principal duty is to advise the governor. 
    25.-3. The governor and council jointly. Their principal, powers and 
duties are as follows: 1. They may adjourn the general court not exceeding 
ninety days at one time, when the two houses cannot agree as to the time of 
adjournment. 2. They are required to appoint all judicial officers, the 
attorney-general, solicitors, all sheriffs, coroners, registers of probate, 
and all officers of the navy, and general and field officers of the militia; 
in these cases the governor and council have a negative on each other. 3. 
They have the power of pardoning offences, after conviction, except in cases 
of impeachment. 
    26.-2d. The judicial power is distributed as follows:
    The tenure that all commissioned officers shall have by law in their 
offices, shall be expressed in their respective commissions all judicial 
officers, duly appointed, commissioned and sworn, shall hold. their offices 
during good behaviour, excepting those concerning whom there is a different 
provision made in this constitution: Provided, nevertheless, the governor, 
with consent of council, may remove them upon the address of both houses of 
the legislature. 
    27. Each branch of the legislature, as well as the governor and council, 
shall have authority to require the opinions of the justices of the superior 
court, upon important questions of law, and upon solemn occasions. 
    28. In order that the people play not suffer from the long continuance 
in, place of any justice of the peace, who shall fail in discharging the 
important duties of his office with ability and fidelity, all commissions of 
justices of the peace shall become void at the expiration of five years from 
their respective dates; and upon the expiration of any commission, the same 
may, if necessary, be renewed, or another person appointed, as shall most 
conduce to the well being of the state. 
    29. All causes of marriage, divorce, and alimony, and all appeals from 
the respective judges of probate, shall be heard and tried by the superior 
court until the legislature shall by law make other provision. 
    30. The general court are empowered to give to justices of the peace 
jurisdiction in civil causes, when the damages demanded shall not exceed 
four pounds, and title of real estate is not concerned but with right of 
appeal to either party, to some other court, so that a trial by jury in the 
last resort may be had. 
    31. No person shall hold the office of a judge in any court, or judge of 
probate, or sheriff of any county, after he has attained the age of seventy 
years. 
    32. No judge of any court, or justice of the peace, shall act as 
attorney, or be of counsel, to any Party, or originate any civil suit, in 
matters which shall come or be brought before him as judge, or justice of 
the peace. 
    33. All matters relating to the probate of wills, and granting letters 
of administration, shall be exercised by the judges of probate, in such 
manner as the legislature have directed, or may hereafter direct; and the 
judges of probate shall hold their courts at such place or places, on such 
fixed days as the conveniency of the people may require, and the legislature 
from time to time appoint. 
    34. No judge or register of probate, shall be of counsel, act as 
advocate, or receive any fees as advocate or counsel, in any probate 
business which is pending or may be brought into any court of probate in the 
county of which he is judge or register. 

NEW JERSEY. The name of one of the original states of the United States of 
America. This state, when it was first settled, was divided into, two 
provinces, which bore the names of East Jersey and West Jersey. They were 
granted to different proprietaries. Serious dissensions having arisen 
between them, and between them and New York, induced the proprietaries of 
both provinces to make a formal surrender of all their powers of government, 
but not of their lands, to Queen Anne, in April, 1702; they were immediately 
reunited in one province, and governed by a governor appointed by the crown, 
assisted by a council, and an assembly of the representatives of the people, 
chosen by the freeholders. This form of government continued till the 
American Revolution. 
     2. A constitution was adopted for New Jersey on the second day of July, 
1776, which continued in force till the first day of September, 1844, 
inclusive. A convention was assembled at Trenton on the 14th of May, 1844; 
it continued in, session till the 29th day of Tune, 1844, when the new 
constitution was adopted, and it is provided by art. 8, s. 4, that this 
constitution shall take effect and go into operation on the second day of 
September, 1844. 
     3. By art. 3, the powers of the government are divided into three 
distinct department, the legislative, executive and judicial. It further 
provided that no person or persons belonging to, or constituting one of 
these departments, shall exercise any of the powers properly belonging to 
either of the others, except therein expressed. 
     4.-Sec. 1. The legislative power shall be vested in a senate and 
general assembly. Art. 4, s. 1, n. 1. 
     5.-1st. In treating of the senate, it will be proper to consider, 1. 
The of senators. 2. Of the electors of senators. 3. Of the number of 
senators. 4. Of the time for which they are elected. 
     6.-1. No person shall be a member of the senate, who shall not have 
attained the age of thirty years, and have been a citizen and inhabitant of 
the state for four years, and of the county for which he shall be chosen one 
year, next before his election. And he must be entitled to suffrage at the 
time of his election. Art. 4, s. 1, n. 2. 
     7.-2. Every white male citizen of the United States, of the age of 
twenty-one years, who shall have been a resident of this state one year, and 
of the county in which he claims his vote five months next before the 
election, shall be entitled to vote for all officers that now are, or 
hereafter may be elective by the people; provided, that no person in the 
military, naval, or marine service of the United States, shall be considered 
a resident in this state, by, being stationed in any garrison, barrack, or 
military or naval place or station within this state; and no pauper, idiot, 
insane person, or person convicted of a crime which now excludes him from 
being a witness, unless pardoned or restored by law to the right of 
suffrage, shall enjoy the right of an elector. 
     8.-3. The senate shall be composed of one senator from each county in 
the state. Art. 4, s. 2, n. 1. 
     9.-4. The senators are elected on the second Tuesday of October, for 
three years. Art. 4, s. 2, n. 1. As soon as the senate shall meet after the 
first election to be held in pursuance of this constitution, they shall be 
divided, as equally as may be, into three classes. The seats of the, 
senators of the first class shall be vacated at the expiration of the first 
year; of the second class at the expiration of the second year; and of the 
third class at the expiration of the third year; so that one class may be 
elected every year; and if vacancies happen, by resignation or otherwise, 
the person elected to supply such vacancies shall be elected for the 
unexpired terms only. Art. 4, s. 2, n. 2. 
    10.-2d. The general assembly will be considered in the same order that 
has been observed in speaking of the senate. 
    11.-1. No person shall be a member, of the general assembly, who shall 
not have attained the age of twenty-one years, and have been a citizen and 
inhabitant of the state for two years, and of the county for which he shall 
be chosen one year next before his election. He must be entitled to this 
right of suffrage. Art. 4, s. 1, n. 2. 
    12.-2. The same persons who elect senators elect members of the 
general assembly. 
    13.-3. The general assembly shall be composed of members annually 
elected by the legal voters of the counties, respectively, who shall be 
apportioned among the said counties as nearly as may be according to the 
number of their inhabitants. The present apportionment shall continue until 
the next census of the United States shall have been taken, and an 
apportionment of members of the general assembly shall be made by the 
legislature, at its first session after the next and every subsequent 
enumeration or census, and when made shall remain unaltered until another 
enumeration shall have been taken; provided, that each county shall at all 
times be entitled to one member: and the whole number of members shall never 
exceed sixty. 
    14.-4. Members of the legislature are elected yearly on the second 
Tuesday of October. 
    15.-3d. The powers of the respective houses are as follows: 
    16.-1. Each house shall direct writs of election for supplying 
vacancies, occasioned by death, resignation, or:otherwise; but if vacancies 
occur during the recess of the legislature, the writs may be issued by the 
governor, under such regulations as may be prescribed by law. 
    17.-2. Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, and 
may be. authorized to compel the attendance of absent members, in such 
manner and under such penalties as each house may provide. 
    18.-3. Each house shall choose its own officers, determine the rules 
of its proceedings, punish its members for disorderly behaviour, and, with 
the concurrence of two-thirds, may expel a member. 
    19.-4. Each house shall keep a journal of its proceedings, and from 
time to time publish the same; and the yeas and nays of the members of 
either house, on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 
    20.-5. Neither house, during the session of the legislature, shall, 
without the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 
    21.-6. All bills and joint resolutions shall be read three time; in 
each house, before the final passage thereof; and no bill or joint 
resolution shall pass, unless there be a majority of all the members of each 
house personally present and agreeing thereto: and the yeas and nays of 
members voting on such final passage shall be entered on the journal. 
    22.-7. Members of the senate and general assembly shall receive a 
compensation for their services, to be ascertained by law, and paid out of 
the treasury of the state; which compensation shall not exceed the sum of 
three dollars per day for the period of forty days from the commencement of 
the session; and shall not exceed the sum of one dollar and fifty cents per 
day for the remainder of the session. When convened in extra session by the 
governor, they shall receive such sum as shall be fixed for the first forty 
days of the ordinary session. They shall also receive the sum of one dollar 
for every ten miles they shall travel, in going to and returning from their 
place of meeting, on the most usual route. The president of the senate, and 
the speaker of the house of assembly shall, in virtue of their offices, 
receive an additional compensation equal to one-third of their per diem 
allowance as members. 
    23.-8. Members of the senate and of the general assembly shall, in all 
cases except treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the sitting of their respective houses, 
and in going to and returning from the same: and for any speech or debate, 
in either house, they shall not be questioned in any other place. 
    24.-Sec. 2. By the fifth article of the constitution, the executive 
power is vested in a governor. It will be convenient to consider, 1. The 
qualifications of the governor. 2. By whom he is elected. 3. The duration of 
his office. 4. His powers: and 5. His salary. 
    25.-1. The governor shall be not less than thirty years of age, and 
shall have been for twenty years, at least, a citizen of the United States, 
and a resident of this state seven years next before his election, unless be 
shall have been absent during that time on the public business of the United 
States or of this state. 
    26.-2. He is chosen by the legal voters of the state.
    27.-3. The governor holds his office for three years, to commence on 
the third Tuesday of January next ensuing the election of governor by the 
people, and to end on the Monday preceding the third Tuesday of January, 
three years thereafter; and he cannot nominate nor appoint to office during 
the last week of his term. He is not reeligible without an intermission of 
three years. Art. 5, n. 3. 
    28.-4. His powers are as follows: He shall be the commander-in-chief 
of all the military and naval forces of the state; he shall have power to 
convene the legislature, whenever, in his opinion, public necessity requires 
it; he shall communicate, by message, to the legislature, at the opening of 
each session, and at such other times as he may deem necessary, the 
condition of the state, and recommend such measures as he may deem 
expedient; he shall take care that the laws be faithfully executed, and 
grant, under the great seal of the state, commissions to all such officers 
as shall be required to be commissioned. 
    29. Every bill which shall have passed both houses shall be presented to 
the governor: if he approve, he shall sign it, but if not, he shall return 
it, with his objections, to the house in which it shall have originated, who 
shall enter the objections at large on their journal, and proceed to 
reconsider it; if, after such reconsideration, a majority of the whole 
number of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved of by a majority of the whole number of 
that house, it shall become a law; but in neither house shall the vote be 
taken on the same day on which the bill shall be returned to it; and in all 
such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If any bill shall not be 
returned by the governor, within five days (Sunday excepted) after it shall 
have been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the legislature, by their adjournment, prevent its 
return, in which case it shall not be a law. 
    30. The governor, or person administering the government, shall have 
power to suspend the collection of fines and forfeitures, and to grant 
reprieves, to extend until the expiration of a time not exceeding ninety 
days after conviction but this power shall not extend to cases of 
impeachment. 
    31. The governor, or person administering the government, the 
chancellor, and the six judges of the court of errors and appeals, or a 
major part of them, of whom the governor or person administering the 
government shall be one, may remit fines and forfeitures, and grant pardons 
after conviction, in all cages except impeachment. 
    32.-5. The governor shall, at stated times, receive for his services a 
compensation which shall be neither increased nor diminished during 'the 
period for which be shall have been elected. 
    33.-Sec. 3. The judicial power shall be vested in a court of errors 
and appeals in the last resort in all causes, as heretofore; a court for the 
trial of impeachments; a court of chancery; a prerogative court; a supreme 
court; circuit courts, and such inferior courts as now exist, and as may be 
hereafter ordained and established by law; which inferior courts the 
legislature may alter or abolish, as the public good shall require. 
    34.-1. The court of errors and appeals shall consist of the 
chancellor, the justices of the supreme court, and six judges, or a major 
part of them; which judges are to be appointed for six years. 
    35.-2. Immediately after the court shall first assemble, the six 
judges shall arrange themselves; in such manner that the seat of one of them 
shall be vacated every year, in order that thereafter one judge may be 
annually appointed. 
    36.-3. Such of the six judges as shall attend the court shall receive, 
respectively, a per diem compensation, to be provided by law. 
    37.-4. The secretary of state shall be the clerk of this court. 
    38.-5. When an appeal from an order or decree shall be heard, the 
chancellor shall inform the court, in writing, of the reasons for his order 
or decree but he shall not sit as a member, or have a voice in the hearing 
or final sentence. 
    39.-6. When a writ of error shall be brought, no justice who has given 
a judicial opinion in the cause, in favor of or against any error complained 
of, shall sit as a member, or have a voice on the hearing, or for its 
affirmance or reversal; but the reasons for such opinion shall be assigned 
to the court in writing. 
    40.-1. The house of assembly shall have the sole power of impeaching, 
by a vote of a majority of all the members; and all impeachments shall be 
tried by the senate: the members, when sitting for that purpose, to be on 
oath or affirmation "truly and impartially to try and determine the charge 
in question according to evidence:" and no person shall be convicted without 
the concurrence of two-thirds of all the members of the senate. 
    41.-2. Any individual officer impeached shall be suspended from 
exercising his office until his acquittal. 
    42.-3. Judgment, in cases of impeachment, shall not extend farther 
than. to removal from, office and to disqualification to hold and enjoy any 
office of honor, profit, or trust under this state; but the party convicted 
shall nevertheless be liable to indictment, trial, and punishment, according 
to law. 
    43.-4. The secretary of state shall be the clerk of this court. 
    44.-1. The court of chancery shall consist of a chancellor.
    45.-2. The chancellor shall be the ordinary, or surrogate-general, and 
judge of the prerogative court. 
    46.-3. All persons aggrieved by any order, sentence, or decree of the 
orphans' court may appeal from the same, or from any part thereof, to the 
prerogative court; but such order, sentence, or decree shall not be removed 
into the supreme court, or circuit court if the subject matter thereof be 
within the jurisdiction of the orphans' court. 
    47.-4. The secretary of state shall be the register of the prerogative 
court, and shall perform the duties required of him by law in that respect. 
    48.-1. The supreme court shall consist of a chief justice and four 
associate justices. The number of associate justices may be increased or 
decreased by law, but shall never be less than two. 
    49.-2. The circuit courts shall be held in every county of this state, 
by one or more of the justices of the supreme court, or a judge appointed 
for that purpose; and shall in all cases within the county, except in those 
of a criminal nature, have common law jurisdiction concurrent with the 
supreme court; and any final judgment of a circuit court may be docketed in 
the supreme court, and shall operate as a judgment obtained in the supreme 
court, from the time of such docketing. 
    50.-3. Final judgments in any circuit court may be brought by writ of 
error into the supreme court, or directly into the court of errors and 
appeals. 
    51.-1. There shall be no more than five judges of the inferior court 
of common pleas in each of the counties in this state after the terms of the 
judges of said court now in office shall terminate. One judge for each 
county shall be appointed every year, and no more, except to fill vacancies, 
which shall be for the unexpired term only. 
    52.-2. The commissions for the first appointments of judges of said 
court shall bear date and take effect on the first day of April next; and an 
subsequent commissions for judges of said court shall bear date and take 
effect on the first day of April in every successive year, except 
commissions to fill vacancies, which shall hear date and take effect when 
issued. 
    53.-1. There may be elected under this constitution two, and not more 
than five, justices of the peace in each of the townships of the several 
counties of this state, and in each of the wards, in cities that may vote in 
wards. When a township or ward contains two thousand inhabitants or less, it 
may have two justices; when it contains more than two thousand inhabitants, 
and not more than four thousand, it may have four justices; and when it 
contains more than four thousand inhabitants, it may have, five justices; 
provided, that whenever any township, not voting in wards, contains more 
than seven thousand inhabitants, such township) may have an additional 
justice for each additional three thousand inhabitants above four thousand. 
    54.-2. The population of the townships in the several counties of the 
state and of the several wards shall be ascertained by the lost preceding 
census of the United States, until the legislature shall provide by law some 
other mode of ascertaining it. 

NEW MATTER, pleading. All facts alleged in pleading, which go in avoidance 
of what is before, pleaded, on the opposite side, are called new matter. In 
other words, every allegation made in the pleadings, subsequent to the 
declaration, and which does not go in denial of what is before alleged on 
the other side, is an allegation of new matter; generally, all new matter 
must be followed by a verification. (q.v.) Gould, Pl. c. 3, Sec. 195; 1 
Saund. 103, n. 1; Steph. PI. 251; Com. Dig. Pleader, E 32; 2 Lev. 5; Vent. 
121; 1 Chit. PI. 538; 3 Bouv. Inst. n. 2983. In proceedings in equity, when 
new matter has been discovered by either plaintiff or defendant, before a 
decree has been pronounced, a cross bill has been permitted to bring such 
matter before, the court to answer the purposes of justice. After the answer 
has been filed, it cannot be introduced by amendment; the only way to 
introduce it, is by filing a supplemental bill. 4 Bouv. Inst. n. 4385-87; 
1 Paige 200; Harring. Ch. 438. 

NEW PROMISE. A contract made, after the original promise has for some cause 
been rendered, invalid, by which the promiser agrees to fulfill such original

promise. 
     2. When a debtor has been discharged under the bankrupt laws, the 
remedy against him is clearly gone, so when an infant has made a contract 
prejudicial to his interest, he may avoid it; and when by lapse of time a 
debt is barred by the act of limitations, the debtor may take advantage of 
the act, but in all these cases there remains a moral obligation, and if the 
original promiser renews the contract by a new promise, this is a sufficient 
consideration. See 8 Mass. 127; 2 S. & It. 208; 2 Rawle, 351; 5 Har. & John. 
216; 2 Esp. C. 736; 2 H. Bl. 116; 8 Moore, 261; 1 Bing. 281; 1 Dougl. 192; 
Cowp. 544; Bac. Ab. Infancy and A e, I; Bac. Ab. Limitation of actions, E 85 
     3. Formerly the courts construed the slightest admission of the debtor 
as evidence of a new promise to pay; but of late years a more reasonable 
construction is put upon men's contracts, and the promise must be express, 
or at least, the acknowledgment of indebtedness must not be inconsistent 
with a promise to pay. 4 Greenl. 41, 413; 2 Hill's S. C. 326; 2 Pick. 368; 1 
South. 153; 14 S. & R. 195; 1 McMull. R. 197; 3 Harring. 508; 7 Watts & 
Serg. 180; 10 Watts, 172; 6 Watts & Serg. 213; 5 Shep. 349; 5 Smed. & Marsh. 
564; 1 Bouv. Inst. n. 866. 

NEW TRIAL, practice, A reexamination of an issue in fact, before a court and 
jury, which had been tried, at least once, before the same court and a jury. 
     2. The origin of the practice of granting new trials is concealed in 
the night of time. 
     3. Formerly new trials could be obtained only with the greatest 
difficulties, but by the modern practice, they are liberally granted in 
furtherance of justice. 
     4. The reasons for granting new trials are numerous, and may be classed 
as follows; namely: 
     1. Matters which arose before and in the course of trial. These are, 
1st. Want of due notice. Justice requires that the defendant should have 
sufficient notice of the time and place of trial; and the want of it, unless 
it has been waived by an appearance, and making defence, will, in general, 
be sufficient to entitle the defendant to a new trial. Bull., N. P. 327; 3 
Price's Ex. R. 72; 3 Dougl. 402; 1 Wend. R. 22. But the insufficiency of the 
notice must have been calculated reasonably to mislead the defendant. 7 T. 
R. 59. 2d, The irregular impanelling of the jury; for example, if a person 
not duly qualified to serve be sworn: 4 T. R. 473; or if a juror not 
regularly summoned and returned personate another. Willes, 484; S. C. 
Barnes, 453. In Pennsylvania, by statutory, provision, going on to trial 
will cure the defect, both in civil and criminal cases. 3d. The admission of 
illegal testimony. 3 Cowen's Rep. 712 2 Hall's R. 40. 4 Chit. Pr. 33 4th. 
The rejection of legal testimony. 6 Mod. 242; 3 B. & C. 494; 1 Bing. R. 38; 
1 John. IR,. 508; 7 Wend. R. 371; 3 Mass. 124; 6 Mass. R. 391. But a new 
trial will not be granted for the rejection of a witness on the supposed 
ground of incompetency, when another witness establishes the same fact, and 
it is not disputed by the other side. 2 East, R. 451; and see other 
exceptions in 1 John. R. 509; 4 Ohio Rep. 49; 1 Charlt. B. 227; 2 John. Cas. 
318. 5th. The misdirection of the judge. Vide article Misdirection, and 4 
Chit. Pr. 38. 
     5.-2. The acts of the prevailing party, his agents or counsel. For 
example, when papers, not previously submitted, are surreptitiously handed 
to the jury, being material on the point in issue. Co. Litt. 227; 1 Sid. 
235; 4 W. C. C. R. 149. Or if the party, or one on his behalf, directly 
approach a juror on the subject of the trial. Cro. Eliz. 189; 1 Serg. & 
Rawle, 169; 7 Serg. & Rawle, 358; 4 Binn. 150; 13 Mass. R. 218; 2 Bay R. 94; 
6 Greenl. R. 140. But if the other party is aware of such attempts, and he 
neglects to correct them when in his power, this will not be a sufficient 
reason for granting a new trial. 11 Mod. 118. When indirect measures have 
been resorted to, to prejudice the jury; 3 Brod. & Bing. 272; 7 Moore's R. 
87; 7 East, R. 108; or tricks practiced; 11 Mod. 141; or disingenuous 
attempts to suppress or stifle evidence, or thwart the proceedings, or to 
obtain an unconscientious advantage, or to mislead the court and jury, they 
will be defeated by granting a new trial. Grah. N. T. 56; 4 Chit. Pr. 59. 
     6.-3. The misconduct of the jury, as if they acted in disregard of 
their oaths; Cro. Eliz. 778; drinking spirituous liquors, after being 
charged with the cause; 4 Cowen's R. 26; 7 Cowen's R. 562; or resorting to 
artifice to get rid of their confinement; 5 Cowen's R. 283; and such like 
causes will avoid a verdict. Bunb. 51; Barnes, 438; 1 Str. 462; 2 Bl. R. 
1299; Comb. 357; 4 Chit. Pr. 48 to 55. See, t's to the nature of the 
evidence to be received to prove misconduct of the jury, 1 T. R. 11; 4 Binn. 
R. 150; 7 S. & R. 458. 
     7.-4. Cases in which the verdict is improper, because it is either 
void, against law, against evidence, or the damages are excessive. 1. When 
the verdict is contrary to the record; 2 Roll. 691; 2 Co. 4; or it finds a 
matter entirely out of the issue; Hob. 53; or finds only a part of the 
issue; Co. Litt. 227; or when it is uncertain; 8 Co. 65; a new trial will be 
granted. 2. When the verdict is. clearly against law, and injustice has been 
done, it will be set aside. Grah. N. T. 341, 356. 3. And so will a verdict 
be set aside if given clearly against evidence, and the presiding judge is 
dissatisfied. Grah. N. T. 368. 4. When the damages are excessive, and appear 
to have been given in consequence of prejudice, rather, than as an act of 
deliberate judgment. Grah. N. T. 410; 4 Chit. Pr. 63; 1 M. & G. 222; 39 E. 
C. L. R. 422. 
     8.-5. Cases in which the party was deprived of his evidence by 
accident or because he was not aware of it. The non-attendance of witnesses, 
their mistakes, their interests, their infirmities, their bias, their 
partial or perverted views of facts, their veracity, their turpitude, pass 
in review, and in proportion as they bear upon the merits avoid or confirm 
the verdict. The absence of a material piece of testimony or the non-
attendance of witnesses, contrary to reasonable expectation, and reasonably 
accounted for, will induce the court to set aside the verdict, and grant a 
new trial; 6 Mod. 22 11 Mod. 1; 2 Chit. Rep. 195; 14 John. R. 112; 2 John. 
Cas. 318; 2 Murph, R. 384; as, if the witness absent himself with out the 
party's knowledge after the cause is called on,; 14 John. R. 112; or is 
suddenly taken sick; 1 McClel. R. 179 and the like. The court will also 
grant a new trial, when the losing party has discovered material evidence 
since the trial, which would probably produce, a different result; this 
evidence must be accompanied by proof of previous diligence to procure it. 
To succeed, the applicant must show four things: 1. The names of the new 
witnesses discovered. 2. That the applicant has been diligent in preparing, 
his cage for trial. 3. That the new facts were discovered after the trial 
and will be important. 4. That the evidence discovered will tend to prove 
facts which were not directly in, issue on the trial, or were not then known 
and investigated by proof. 8 J. J. Marsh. R. 521; 2 J. J. Marsh. R. 52; 5 
Serg. & Rawle, 41; 6 Greenl. R. 479; 4 Ohio Rep. 5; 2 Caines' R. 155; 2 W. 
C. C. R. 411; 16 Mart. Louis. Rep. 419; 2 Aiken, Rep, 407; 1 Haist. R. 434; 
Grah. N. T. ch. 13. 
     9. New trials may be granted in criminal as well as in civil cases, 
when the defendant is convicted, even of the highest offences. 3 Dall. R. 
515; 1 Bay, R. 372; 7 Wend. 417; 5 Wend. 39. But when the defendant is 
acquitted, the humane influence of the law, in cases of felony, mingling 
justice with mercy, in favorem vitae et libertatis, does not permit a new 
trial. In cases of misdemeanor, after conviction a new trial may be granted 
in order to fulfill the purpose of substantial justice; yet, there are no 
instances of new trials after acquittal, unless in cases where the defendant 
has procured his acquittal by unfair practices. 1 Chit. Cr. Law, 654; 4 
Chit. Pr. 80. Vide, generally, 21 Vin. Ab. 474 to 493; 3 Chit. Bl. Co 387, 
n.; 18 E. C. L. R. 74, 334; Bac. Ab. Trial, L; 1 Sell. Pr. 482; Tidd's Pr. 
934, 939; Graham on New Trials 3 Chit. Pr. 47; Dane's Ab. h.t.; Com. Dig. 
Pleader, IR. 17; 4 Chitty's Practice, part 7, ch. 3. The rules laid down to 
authorize the granting of new trials in Louisiana, will be found in the Code 
of Practice, art. 557 to 563. 

NEW WORK. In Louisiana, by a new work is understood every sort of edifice or 

other work, which is newly commenced on any ground whatever. 
     2. When the ancient form of the work is changed, either by an addition 
being made to it, or by some part of the ancient work being taken away, it 
is styled also a new work. Civ. Code of Lo. 852; Puff. b. 8, c. 5, SS 3; 
Nov. Rec. L. 1, tit. 32; Asso y Manuel, b. 2, tit. 6, p. 144. 

NEW YORK. The name of one of the original states of the United States of 
America. In its colonial condition this state was governed from the period 
of the revolution of 1688, by governors appointed by the crown assisted by a 
council, which received its appointments also from the parental government, 
and by the representatives of the people. 1 Story, Const. B. 1, ch. 10. 
     2. The present constitution of the state was adopted by a convention of 
the people, at Albany, on the ninth day of October, 1846, and went into 
force from and including the first day of January, 1847. The powers of the 
government are distributed among three classes of magistrates, the 
legislative, the executive, and the judicial; 
     3.-Sec. 1. The legislative power is vested in a senate and assembly. 
By the second article, section first, of the constitution, the 
qualifications of the electors are thus described, namely:: Every male 
citizen of the age of twenty-one years, who shall have been a citizen for 
ten days, and an inhabitant of this state one year next, preceding any 
election, and for the last four months a resident of the county where he may 
offer his vote, shall be entitled to vote at such election in the election 
district of which he shall at the time be a resident, and not elsewhere, for 
all officers that now are or hereafter may be elective by the people; but 
such citizen shall have been for thirty days next preceding the election, a 
resident of the district from which the officer is to be chosen for whom he 
offers his vote. But no man of color, unless he shall have been for three 
years a citizen of this state, and for one year next preceding any election 
shall have been seised and possessed of a freehold estate of the value of 
two hundred and fifty dollars, over and above all debts and incumbrances, 
charged thereon, and shall have been actually rated and paid a tax thereon, 
shall be entitled to vote at such election. And no person of color shall be 
subject to direct taxation unless he shall be seised and possessed of such 
real estate as aforesaid. 
     4. The third article provides as follows: 
     Sect. 6. The members of the legislature shall receive for their 
services, a sum not exceeding three dollars a day, from the commencement of 
the session; but such pay shall not exceed in the aggregate, three hundred 
dollars for per them allowance, except in proceedings for impeachment. The 
limitation as to the aggregate compensation shall not take effect until the 
year one thousand eight hundred and forty-eight. When convened in extra 
session by the governor, they shall receive three dollars per day. They 
shall also receive the sum of one dollar for every ten miles they shall 
travel, in going to and returning from their place of meeting on the most 
usual route. The speaker of the assembly shall, in virtue of his office, 
receive an additional compensation equal to one-third of his per them 
allowance as a member. 
     Sect. 7. No member of the legislature shall receive any civil 
appointment within this state, or to the senate of the United States, from 
the governor, the governor and senate, or from the legislature, during the 
term for which he shall have been elected; and all such appointments, and 
all votes given for any such member, for any such office or appointment, 
shall be void. 
     Sect. 8. No person being a member of congress, or holding any judicial 
or military office under the United States, shall hold a seat in the 
legislature. And if any person shall, after his election as a member of the 
legislature, be elected to congress, or appointed to any office, civil or 
military, under the government of the United States, his acceptance thereof 
shall vacate his seat. 
     Sect. 9. The elections of senators and members of assembly, pursuant to 
the provisions of this constitution, shall be held on the Tuesday succeeding 
the first Monday of November, unless otherwise directed by the legislature. 
     Sect. 10. A majority of each house shall constitute a quorum to do 
business. Each house shall determine the rules of its own proceedings, and 
be the judge of the elections, returns and qualifications of its own 
members, shall choose its own officers, and the senate shall choose a 
temporary president, when the lieutenant. governor shall not attend as 
president, or shall act as governor. 
     Sect. 11. Each house shall keep a journal of its proceedings, and 
publish the same, except such parts as may require secrecy. The doors of 
each house shall be kept open, except when the public welfare shall require 
secrecy. Neither house shall, without the consent of the other, adjourn for 
more than two days. 
     Sect. 12. For any speech or debate in either house of the, legislature, 
the members shall not be questioned in any other place. 
     5.-1. The senate consists of thirty-two members, chosen by the 
electors. The state is divided into thirty-two districts, and each 
district elects one senator. 
     6. Senators are chosen for two years. 20 
     7.-2. The assembly shall consist of one hundred and twenty-eight 
members. Art. 3, s. 2. 
     8. The state shall be divided into assembly districts as provided by 
the fifth section of the third article of the constitution as follows: 
     The members of assembly shall be apportioned among the several counties 
of this state, by the legislature, as nearly as may be, according to the 
number of their respective inhabitants, excluding aliens, and persons of 
color not taxed, and shall be chosen by single districts. 
    "The several boards of supervisors in such counties of this state, as 
are now entitled to more than one member of assembly, shall assemble on the 
first Tuesday of January next, and divide their respective counties into 
assembly districts equal to the number of members of assembly to which such 
counties are now severally entitled by law, and shall cause to be filed in 
the offices of the secretary of state and the clerks of their respective 
counties, a description of such assembly districts, specifying the number of 
each district and the population thereof, according to the last preceding 
state enumeration, as near as can be ascertained. Each assembly district 
shall contain, as nearly as may be, an equal number of inhabitants, 
excluding aliens and persons of color not taxed, and shall consist of 
convenient. and contiguous territory; but no town shall be divided in the 
formation of assembly districts. 
    "The legislature, at its first session after the return of every 
enumeration, shall re-apportion the members of assembly among the several 
counties of this state, in manner aforesaid, and the boards of supervisors 
in such counties as, may be entitled, under such reapportionment, to more 
than one member, shall assemble at such time as the legislature making such 
reapportionment shall prescribe, and divide such counties into assembly 
districts, in the manner herein directed and the apportionment and districts 
so to be made, shall remain unaltered until another enumeration shall be 
taken under the provisions of the preceding section. 
    "Every county heretofore established and separately organized, except 
the county of Hamilton, shall always be entitled to one member of the 
assembly, and no new county shall be hereafter erected, unless its 
population shall entitle it to a member. 
    "The county of Hamilton shall elect with the county of Fulton, until the 
population of the county of