N.

NAILS, inspection of, vi, ch. 203, a. 7. 8.

NAME; if A bind himself by the name of B, he is estopped to say his name is not B, v, ch. 160, s. 11.

IV, ch. 127, a. 14. 25. Name mistaken, yet the devise is good, as W for A; also 34.

VI, ch. 185, a. 8. 3. Name amended.

NATIONS, law of, is part of ours, of the land, vi, ch. 187, a. 1. See Law of Nations.

NATURAL LAW, requires labour to be bestowed on property, in order to give a title to it, iv, ch. 108, a. 3. 5 to 19. See Law of Nature.

NATURAL AFFECTION, a good consideration, iv, ch. 114, a. 4. 6. And the persons to whom it extend. Natural liberty, vi, ch. 197, a. 1.

NATURAL DECAY OF BUILDINGS &c., tenant not liable for, iv, ch. 133, a. 1. 5; though bound to repair.

NATURALIZATION, i, ch. 29, a. 8. If a naturalized person die without heirs, his effects go to the public treasury of the State, 15.

IV, ch. 131, a. 5. 1 to 15; a. 6. See Aliens, iv, ch. 131, a. 5; a. 6.

NATURE, guardians by, ii, ch. 35, a. 2. See i, ch. 35. Guardians, Minors, &c.

NAVAL OFFICE BOOKS, how evidence of matters entered in them, iii, ch. 81, a. 5. 5.

NAVAL COURTS MARTIAL, vi, ch. 186, a. 4. 4. How far may prohibitions &c. go to.

NAVAL STORES; law against embezzling them, vi, ch.

200, a. 5.

NAVIGABLE RIVERS. See Rivers and Fisheries, ii, ch. 68. Navigable waters are common highways, ii, ch. 68; vi. ch. 186, a. 11. 4. How presumed a vessel was seized on waters navigable from the sea &c. See Bridges.

NAVIGATION ACTS, and decisions thereon, ii, ch. 40, a.

28. 16.

NAVY, certain articles to govern it, vi. ch. 200, a. 5.

NE ADMITTAS, an old English writ, not technically adopted here.

NEAR, how construed, Drewry v. Twiss, ii, ch. 58, a. 2. 10; iii, ch. 76, a. 2. 14; vi, ch. 196, a. 1. 27; iii, ch. 74, a. 2. 18. NECESSARIES; minors can contract for them; what are &c. See ii, ch. 35. Guardians and Minors.

NECESSITY; crimes committed of necessity, how viewed, vi, ch. 197, a. 6. 8. So vii, ch. 212; vii, ch. 215; vii, ch. 216, &c.

NE DONA PAS, plea, vi, ch. 178, a. 23. 8. The general issue ià formedon, iv, ch. 129, a. 3. 1. Dudley v. Sumner. Is the general issue &c. on which, or on non dedit, the plt. must prove his whole

title.

NEEDLE, a line run by, is controlled by visible monuments; as by an ancient well in Portland. See Boundaries; iii, ch. 89, a. 4. 8.

NE EXEAT REGNO, vii, ch. 224, a. 1. 1. Cases, American and English.

NE FORGA PAS, where pleadable, iii, ch. 91, a. 3. 5. In case; traverses a particular point in the declaration.

NEGATIVE COVENANTS in pleadings, iv, ch. 121, a. 2. 2, 3, 15, 19, 20. How pleaded.

NEGATIVE AND AFFIRMATIVE. See Pleadings.

NEGATIVE PREGNANT, plea, iv, ch. 120, a. 2. 38; iv, ch. 121, a. 4. Lea's case, 23.

VI, ch. 180, a. 7. On this no issue can be taken, as it implies an affirmative; and an affirmative that implies a negative, 1. Bad on special demurrer, 2.

Vi, ch. 185, a. 4. 9. Issue aided on a negative pregnant by verdict.

NEGLIGENCE, iii, ch. 73, a. 1. Case on torts for negligence. English cases. Rule is, when one undertakes to serve another, the law implies he shall serve faithfully, 2. If my cattle perish by my servant's negligence, case lies against him, 2. See Lotteries, 3. Where case lies against commissioners of the customs for negligence, 4. Lies against one if he neglect to pay toll &c., 5. So against one for neglecting to carry my goods he has engaged to carry, though I only say I will satisfy him, 6. Where against a wharfinger for neglecting to take out a sufferance, 7. Against one for negligently keeping his fire; other cases, 8, 9. So if A set fire to his grass to B's injury, 10. So if one negligently fire his gun, and burn my house, 11. Other cases of fire, 12. If one at a fire take my goods, to prevent their being burnt, he is not liable, 13. But is if he detain them against my consent, 13. I am liable for my servant's negligence in keeping fire, 14. Not, if he negligently carry it in the street, 14. One is liable for his negligence in keeping a horse &c. he borrows gratis, 15. So if one neglect his duty in not summoning the tenant &c., 16. So if a register neglect to record a deed, 17. So if any officer neglect his duty, 18. So if one neglect to find a bull &c., 19. So if one neglect to repair a bank, 20. Act of God excuses, 21. Lies for me if damaged by A's neglect to keep his creatures, 22. As to keeping beasts used to hurt people, sciens, 23. So if a barber shave negligently, 24. So if deft. negligently plant trees, 25. So if a smith negligently

shoe a horse, 26. In each case there must be a duty to perform, and the plt. sustain damage by the other's neglecting to perform.

III, ch. 73, a. 2. American cases. Case against a cooper for neglecting to do his duty in a vessel, 1. Cases referred to, 2. Lies against a canal corporation for neglecting a corporate duty, 3. Action for negligence is on the same principle here and in England, 4. But how cases differ, 4. Case against printers for negligently printing an advertisement, 5. Where one is not liable for negligently entering my goods &c., if he has no reward, and enters them as he does his own, 6. Against a surgeon for gross ignorance, 7. One engages to do a thing, without reward, and neglects to do it, is not liable, 8. Pilot &c. is liable for a loss to another by his negligence, 9. I set fire to my grass, and it spreads to A's injury, I am not liable, unless negligent, 10. Marshal bound to serve a subpoena &c., 11. As to a ticket, 12. For neglects of deputies, 13, 14, 15, 16; in not taking goods &c.

NEGOTIABLE PAPER.

see Evidence, iii, ch. 90, a. 10.

See Bills and Notes, i, c'. 20;

NEGROES AND MULATTO SLAVES. How settled as paupers, ii, ch. 53, a. 1. How restrained as to marrying white persons, ii, ch. 46, a. 2, as to marriage. See Mulatto.

NIECES AND AUNTS not so near as grandmother and granddaughter, iv, ch. 126, a. 3.

NE INJUSTE VEXES. An old English writ not technically adopted here.

NE LESSA PAS, v, ch. 151, a. 1. 1. In cases for rent. NEMO DEBET BIS VEXARE, v, ch. 166, a. 5. 3. The merits shall not be twice tried.

NEMO EST HERES VIVENTIS, iv, ch. 125, a. 5. 5. A maxim, how to be understood, iv, ch. 135, a. 4. 3.

NETS. See Custom, i, ch. 26, a. 2. 1.

NE USQUE SEIZIE DE LA TERRE, v, ch. 151, a. 10. 1. A plea in debt for rent.

NE USQUE EXECUTOR OR ADMINISTRATOR. Plea, i, ch. 29, a. 16. 15.

NEUTRAL PROPERTY, insurance of. See Insuarnce, ii, ch. 40, a. 17. The cases also, vii, ch. 227. As to captures, s. 4. To an enemy's port if not blockaded, ii, ch. 40, a. 3. 4. A neutral may employ an armed belligerent, vii, ch. 224, a. 9, 22, Duty of neutrals, vii, ch. 227, s. 8.

Freight claimed by a neutral master, tried in the admiralty, vi, ch. 186, a. 5. 8. How the District Court restores neutral vessels captured, vi, ch. 186, a. 9. 3.

Jurisdiction &c. Belligerents cannot establish prize courts in neutral countries, vi, ch. 186, a. 9. 4. Nor sell prizes there but by treaty, 4. The possession of the captors in a neutral port is their sovereign's possession, 13; and he has jurisdiction if first seized in his territories, 13. Hudson v. Gueston, 14.

A neutral has jurisdiction to inquire which of two belligerents had the last firm possession, vii, ch, 227, s. 3; and to restore to the one who had it, s. 3. But prize or no prize belongs to the courts of the captor's state, s. 3. No captures can be made in neutral territories, vii, ch. 227, s. 67, 69; and neutral jurisdiction includes all within cannon shot of the coasts, s 69. Nor can one enemy lay within it and fire at an enemy laying without it, s. 69; or send boats &c., s. 69. Nor can prisoners or booty be brought into a neutral jurisdiction without leave, s. 69. How captures are made illegal by arming in part within a neutral jurisdiction, s. 71. Neutrals view captures made in a civil war as other captures, 72. When they recognise it, 72. A neutral court may notice some unlawful acts on the high seas not piracy, s. 74. And restore property there captured. s. 74; cases. Only legal cruisers are exempted from neutral examination as to their prizes, s. 74. And a mere colourable commission is as none, s. 74. And the neutral may allow both belligerents to equip armed vessels in his ports, s. 74. This is impartial neutrality, s. 74.

A neutral cargo in an enemy's armed vessel is not prize of war ; see the Atalanta's case, vii, ch. 224, a. 9. 22. Neutral territory, capture on, vii, ch. 224, a. 9. 29. Only the neutral state can complain, id. Neutral consul his power to claim or not, id. None of course, id. A neutral ship forfeits her natural protection if she commences hostilities id. On or from neutral ground, id. Damages to a neutral plundered by a privateer, rule, &c., vii, ch. 224, a. 11.6. NEVER BAILIFF, EXECUTOR, OR ADMINISTRATOR. Pleas by each, vi, ch. 179, a. 10.

NEW ASSIGNMENT, in trespasss by the plt., v, ch. 173, a. 2. 4.

V, ch. 173, a. 4. New assignment. In trespass the deft. may often plead the general bar, and drive the plt. to new assign; as where the deft. pleads, his soil and freehold &c. in A, plt. must reply and new assign the trespass in another and his close; manner of so pleading &c. 1 to 4. So trespass in the plt's. close, and general bar and new assignment, 5. Like case, 6. Like case, 6. New assignment waives the matter in the declaration &c 7; and puts an end to the bar pleaded thereto, 7. As to new assignment of the day or time; deft. justified an assault in his own defence, and varied from the day in the plt's. declaration, no new assignment allowed, 8. Day not material, 8. Same principle, 9. Trespass for taking ten mattocks of the plt. in R.; plea as to, 9; not guilty and issue as to, 10. In his close &c. damage feasant, plt. demurred; points decided, 10. Much prolixity and new assignments easily avoided by a correct declaration in the first instance, 11; reasons, 12. Plt. may new assign to part and take issue on part; cases, 13. Plt. cannot new assign but where two assaults, 13. Some replications viewed as containing new assignments that do not, 14. New assignment as

Where deft's.

far as it goes is a new declaration; reasons, 15. plea gives rise to new matter plt. may new assign, 16. None if the close be named in the declaration, 17. New assignment must be accurate and proved, 18. Not confined to quare clausum fregit, 19. And may be when the plea makes the taking of goods &c. local, 20. So if the deft's. plea makes the time material, 21. As two batteries on one day; cases, 21. Plt. may new assign as to matter as well as time and place; reasons, 22. Plt. must prove his new assignment; reasons, 23. In assaults &c. new assignment can be necessary only where but one count, 25. Very different to new assign and to aggravate the charge in the declaration, 26. How new assignments merely to aggravate the trespass, 27, 28, 29. Forms of pleading to rejoinder; the novelty of this kind of new assignment considered, 30, 31. Where no new assignment is necessary, 32. What a good new assignment, 33. None in replevin, v, ch. 171, a. 7. 16. When necessary, v, ch. 173, a. 1. NEW HAMPSHIRE, statute titles in, vii. ch. 223, a. 2. 1, 5. NEW JERSEY, statute titles in, vii, ch. 223, a. 7. 1, 26.

NEW TRIAL, vi, ch. 183, a. 3. New trial is a rehearing a cause by a new jury, 1. Depends on the legal discretion of the court, 2; a. 6. 17. Maxim, where the party has not justice done. him in one trial he is entitled to another, 2. New trial and arrest of judgment, 3, 4, 5. Only way to correct a verdict, 5. Where introduced, 6. Granted on affidavit, 7. Where granted or not, 8, 9. 10.

VI, ch. 183, a. 4. New trials allowed for mistake of the party, as to the jury, 1, 2. For any gross misbehaviour among the jurors, 3. For verdicts against evidence, and hard actions, 4. For a verdict against the record or law, 5. For excessive damages, 6. For insufficient damages, 7. For errors in the judge, 8.

VI, ch. 183, a. 5. For various other causes; as for mistrial, 1. For locality of trial, 2. For imperfect verdicts, 3. For irregularity, 4. After two concurrent verdicts, 5. After trial at bar, 6. For misconduct of witnesses, 7. None for want of evidence which might have been had, 8. Verdict set aside on affidavit of eight of the jurors, 9. A special verdict amended, 10. Never granted if the prisoner be acquitted, 11. May be moved for after a motion in arrest of judgment, 12. Allowed in quo warranto, 12. None in a writ of right in England, 12. Insufficiency of counts not a cause of, 13. Not to let in proof a policy is illegal &c., 13. Excessive damages, 13. When the first verdict will stand &c., 14. Where the jury misbehave, as draw lots &c., 15.

VI, ch. 183, a. 6. American cases; reasons of the motion for, must be filed, 1. Not granted where substantial justice is done, 2. New evidence no reason &c. 3. One of the jury a witness to prove misbehaviour in the jury, 4. Not such to average &c., 4, 16. Not granted where the whole court admitted the piece of evidence, 5.