英文法律词典 N-35

NON RESIDENCE, eccles. law. The absence of spiritual persons from their benefices.

NON SUBMISSIT. The name of a plea to an action of debt or a bond to perform an award, by which the defendant¹ pleads that he did not submit. Bac. Ab. Arbitr. &c., G.

NON SUM INFORMATUS, pleading. I am not informed. Vide lnformatus non SUM.

NON TENENT INSIMUL, pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which is the subject of the suit, together with the complainant or plaintiff.

NON TENUIT. He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed² for rent arrear³, by which the plaintiff avows⁴ that he did not hold in manner and form as the avowry alleges⁵.

NON TENURE⁶, pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration. 1 Mod. 250.

2. Non tenure is either a plea in bar or a plea in abatement⁸. 14 Mass. 239; but see 11 Mass. 216. It is in bar, when the plea goes to the tenure, as when the tenant⁹ denies that he holds of the defendant, and says he holds of some other person, But when the plea goes to the tenancy of the land, as when the defendant pleads that be is not the tenant of the land, it is in abate⁷, ment only. Id.; Bac. Ab. Pleas, &c., I 9.

NON TERM. The vacation between two terms of a court.

NON USER. The neglect to make use of a thing.

2. A right which may be acquired by use, may be lost by non-user, and an absolute discontinuance of the use for twenty years affords presumption¹⁰ of the extinguishment of the right, in favor of some others adverse¹¹ right. 5 Whart. Rep. 584; 23 Pick. 141.

3. As an enjoyment¹² for twenty years is necessary to found the presumption of a grant of an easement, the general rule is, there must be a similar non-user to raise the presumption of a release. But in this case the owner of the servient premises¹³ must have done some act inconsistent with, or adverse to the existence of the right. See 2 Evans's Pothier, 136; 10 Mass. R, 183; 3 Campbl. R. 614; 3 Kent, Com. 359; 1 Chit. Pr. 284, 285, 767 to 759, n. (s); 1 Ves. jr. 6, 8; 2 Supp. to Ves. jr. 442; 2 Anstr. 603; S. C. on appeal, 1 Dowl. R. 316; 4 Ad. & Ell 369; 6 Nev. & M. 230. But the dereliction or abandonment of rights affecting lands is not in all cases held to be evidenced by mere¹⁴ non-user.

4. As an exception to the rule may be mentioned rights to mines and minerals, with the incidental privilege of boring and working them. 16 Ves. 390; 19 Ves. 166.

5. In the civil law there is a similar doctrine¹⁵: on this subject, Vide Dig. 8, 6, 5; Voet, Com. ad Pand. lib. 8, tit. 6, s. 5 et 7; 3 Toull. n. 673; Merl. Repert. mot Servitude, 30, n. 6, and 33; Civ. Code of Louis. art. 815, 816.

6. Every public officer is required to use his office for the public good; a non-user of a public office is therefore a sufficient cause of forfeiture¹⁶. 2 Bl. Com. 153; 9 Co. 60. Non user, for a great length of time, will have the effect of repealing¹⁷ an old law. But it must be a very strong case which will have that effect. 13 S. & R. 452; 1 Bouv. Inst. n. 94.