英文法律词典 N-17

NEIF, old Eng. law. A woman who was born a villain¹, or a bond woman.

NEMINE CONTRADICENTE, legislation. These words, usually abbreviated³ nem. con²., are used to signify the unanimous consent of the house to which they are applied⁴. 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 amity⁵ with the belligerent⁶ powers.

2. This neutrality must be complete hence the property of a citizen or subject of a neutral state, domiciled in the dominions⁸ of one of the belligerents⁹, and carrying on commerce there, is not neutral property; for though such person continue to owe allegiance to bis 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 dominion⁷ 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. Marsh¹⁰. 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. Err¹¹. xxv.; l Johns. Cas. 360; 2 Johns. Cas. 191.

3. If the warranty¹² 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 compliance¹³ with a warranty of neutral property, and a subsequent declaration of war will not be a breach¹⁴ 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 impartiality¹⁵, 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 hostilities¹⁶ Even a loan of money to one of the belligerent parties is considered a violation¹⁷ 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, 3, renders the individual liable to an indictment¹⁸. One fitting out and arming a vessel¹⁹ 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; Bunk²⁰. 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; Boucb. Inst. n. 1826-1831.