Poth. Obl. pt. 3, c. 2, art. 1. See Delegation.

5.-2. It is a settled principle of the common law, that a mere agreement to substitute any other thing in lieu of the original obligation is void, unless actually carried into execution and accepted as satisfaction. No action can be maintained upon the new agreement, nor can the agreement be pleaded as a bar to the original demand. See Accord. But where an agreement is entered into by deed, that deed gives, in itself, a substantive cause of action, and the giving such deed may be sufficient accord and satisfaction for a simple contract debt. 1 Burr. 9; Co. Litt. 212, b.

6. The general rule seems to be that if one indebted to another by simple contract, give his creditor a promissory note, drawn by himself, for the same sum, without any new consideration, the new note shall not be deemed a satisfaction of the original debt, unless so intended and accepted by the creditor. 15 Serg. & Rawle, 162; 1 Hill's N. Y. R. 516; 2 Wash. C. C. Rep. 191; 1 Wash. C. C. R. 156, 321; 2 John. Cas. 438 Pet. C. C. Rep. 266; 2 Wash. C. C. R. 24, 512; 3 Wash. C. C. R. 396: Addis. 39; 5 Day, 511; 15 John. 224; 1 Cowen, 711; see 8 Greenl. 298; 2 Greenl. 121; 4 Mason, 343; 9 Watts, 273; 10 Pet. 532; 6 Watts & Serg. 165, 168. But if he transfer the note, he cannot sue on the original contract as long as the note is out of his possession. 1 Peters' R. 267. See generally Discharge; 4 Mass. Rep. 93; 6 Mass. R. 371; 1 Pick. R. 415; 5 Mass. R. 11; 13 Mass. R. 148; 2 N. H. Rep. 525; 9 Mass. 247; 8 Pick. 522; 8 Cowen, 390 Coop. Just. 582; Gow. on Partn. 185; 7 Vin. Abr. 367; Louis. Code, art. 2181 to 2194; 3 Watts & S. 276; 9 Watts, 280; 10 S. & R. 307; 4 Watts, 378; 1 Watts & Serg. 94; Toull. h. t.; Domat, h. t.; Dalloz. Dict. h. t.; Merl. Rép. h. t.; Clef des Lois Romaines, h. t.; Azo & Man. Inst. t. 11, c. 2, § 4; Burge on Sur. B. 2, c. 5, p. 166. NOVEL ASSIGNMENT. Vide New Assignment.

NOVEL DISSEISIN. The name of an old remedy which was given for a new or recent disseisin.

2. When tenant in fee simple, fee tail, or for term of life, was put out, and disseised of his lands or tenements, rents, and the like, he might sue out a writ of assise or novel disseisin; and if, upon trial, he could prove his title, and his actual seisin,

and the disseisin by the present tenant, he was entitled to have judgment to recover his seisin and damages for the injury sustained. 3 Bl. Com. 187. This remedy is obsolete.

NOVELLE LEONIS. The ordinances of the emperor Leo, which were made from the year 887 till the year 893, are so called. These novels changed many rules of the Justinian law. This collection contains one hundred and thirteen novels, written originally in Greek, and afterwards, in 1560, translated into Latin, by Agilæus.

NOVELS, civil law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to the laws which they had before published. The novels were made to supply what had not been foreseen in the preceding laws, or to amend or alter the laws in force.

2. Although the novels of Justinian are the best known, and when the word novels only is mentioned, those of Justinian are always intended, he was not the first who gave the name of novels to his constitution and laws. Some of the acts of Theodosius, Valentinien, Leo, Severus, Anthemius, and others, were also called novels. But the novels of the emperors who preceded Justinian had not the force of law, after the enactment of the law by order of that emperor. Those novels are not, however, entirely useless, because the code of Justinian having been composed mainly from the Theodosian code and the novels, the latter frequently remove doubts which arise on the construction of the code. The novels of Justinian form the fourth part of the Corpus Juris Civilis. They are directed either to some officer, or an archbishop or bishop, or to some private individual of Constantinople; but they all had the force and authority of law. The number of the novels is uncertain. The 118th novel is the foundation and groundwork of the English statute of distribution of intestate's effects, which has been copied into many states of the Union. Vide 1 P. Wms. 27; Pr. in Chan. 593.

NOVUS HOMO. A new man; this term is applied to a man who has been pardoned of a crime, by which he is restored to society, and is rehabilitated.

NOXAL ACTION, civil law. A personal, arbitrary, and indirect action in favor of one who has been injured by the slave of another, by which the owner or master of the slave was compelled either to pay the

damages or abandon the slave. Vide Abandonment for torts, and Inst. 4, 8; Dig. 9, 4; Code, 3, 41.

NUBILIS, civil law. One who is of a proper age to be married. Dig. 32, 51. NUDE. Naked. Figuratively, this word is applied to various subjects.

2. A nude contract, nudum pactum, q. v.) is one without a consideration; nude matter, is a bare allegation of a thing done, without any evidence of it.

NUDE MATTER. A bare allegation unsupported by evidence.

2. Nuisances are either public or common, or private nuisances.

3.-1. A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. 1 Hawk. P. C. 197; 4 Bl. Com. 166-7. To constitute a public nuisance, there must be such a number of persons annoyed, that the offence can no longer be considered a private nuisance: this is a fact, generally, to be judged of by the jury. 1 Burr. 337; 4 Esp. C. 200; 1 Str. 686, 704; 2 Chit. Cr. Law, 607, n. It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to offensive trades, it seems that when such a trade renders the enjoyment of life and property uncomfortable, it is a nuisance;

2. There are some contracts which, in consequence of their forms, import a consideration, as sealed instruments, and bills of exchange, and promissory notes, which are generally good although no consideration

appears.

3. A nudum pactum may be avoided, and is not binding.

4. Whether the agreement be verbal or in writing, it is still a nude pact. This has been decided in England, 7 T. R. 350, note; 7 Bro. P. C. 550; and in this country; 4 John. R. 235; 5 Mass. R. 301, 392; 2 Day's R. 22. But if the contract be under seal, it is valid. 2 B. & A. 551. It is a rule that no action can be maintained on a naked contract; ex nudo pacto non oritur actio. 2 Bl. Com. 445; 16 Vin. Ab. 16. 5. This term is borrowed from the civil law, and the rule which decides upon the nullity of its effects, yet the common law has not in any degree been influenced by the notions of the civil law, in defining what constitutes a nudum pactum. Dig. 19, 5, 5. See on this subject a learned note in Fonbl. Eq. 335, and 2 Kent, Com. 364. Toullier defines nudum pactum to be an agreement not executed by one of the parties, tom. 6, n. 13, page 10. Vide 16 Vin. Ab. 16; 1 Supp. to Ves. jr. 514; 3 Kent, Com. 364; 1 Chit. Pr. 113; 8 Ala. 131; and art. Consideration.

NUISANCE, crim. law, torts. This word means literally annoyance; in law, it signifies, according to Blackstone, "anything that worketh hurt, inconvenience, or damage." 3 Comm. 216.

217; for the neighborhood have a right to pure and fresh air. 2 Car. & P. 485; S. C. 12 E. C. L. R. 226; 6 Rogers' Rec. 61.

4. A thing may be a nuisance in one place, which is not so in another; therefore the situation or locality of the nuisance must be considered. A tallow chandler setting up his business among other tallow chandlers, and increasing the noxious smells of the neighborhood, is not guilty of setting up a nuisance, unless the annoyance is much increased by the new manufactory. Peake's Cas. 91. Such an establishment might be a nuisance in a thickly populated town of merchants and mechanics, where no such business was carried on.

5. Public nuisances arise in consequence of following particular trades, by which the air is rendered offensive and noxious. Cro. Car. 510; Hawk. B. 1, c. 75, s. 10; 2 Ld. Raym. 1163; 1 Burr. 333; 1 Str. 686. From acts of public indecency; as bathing in a public river, in sight of the neighboring houses; 1 Russ. Cr. 302; 2 Campb. R. 89; Sid. 168; or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighborhood; 3 B. & A. 184; S. C. 23 Eng. C. L. R. 52; or keeping a disorderly house; 1 Russ. Cr. 298; or a gaming house; 1 Russ. Cr. 299; Hawk. b. 1, c. 75, s. 6 5; or a bawdy house; Hawk. b. 1, c. 74, s. 1; Bac. Ab. Nuisance, A; 9 Conn. R. 350; or a dangerous animal, known to be such, and suffering him to go at large, as a large bull-dog accustomed to bite people; 4 Burn's Just. 578; or exposing a person

6.-2. A private nuisance is anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. 3 Bl. Com. 215; Finch, L. 188.

7. These are such as are injurious to corporeal inheritances; as, for example, if a man should build his house so as to throw the rain water which fell on it, on my land; F. N. B. 184; or erect his building, without right, so as to obstruct my ancient lights; 9 Co. 58; keep hogs or other animals so as to incommode his neighbor and render the air unwholesome. 9 Co. 58.

8. Private nuisances may also be injurious to incorporeal hereditaments. If, for example, I have a way annexed to my estate, across another man's land, and he obstruct me in the use of it, by plowing it up, or laying logs across it, and the like. F. N. B. 183; 2 Roll. Ab. 140.

9. The remedies for a public nuisance are by indicting the party. Vide, generally, Com. Dig. Action on the case for a nuisance; Bac. Ab. h. t.; Vin. Ab. h. t.; Nels. Ab. h. t.; Selw. N. P. h. t.; 3 Bl. Com. c. 13; Russ. Cr. b. 2, c. 30; 10 Mass. R. 72; 7 Pick. R. 76; 1 Root's Rep. 129; 1 John. R. 78; 1S. & R. 219; 3 Yeates' R. 447; 3 Amer. Jurist, 185; 3 Harr. & McH. 441; Rosc. Cr. Ev. h. t.; Chit. Cr. L. Index, h. t.; Chit. Pr. Index, h. t., and vol. 1, p. 383; Bouv. Inst. Index, h. t.

NUL, law French. A barbarous word which means to convey a negative; as, Nul tiel record, Nul tiel award.

NUL AGARD. No award. A plea to an action on an arbitration bond, when the defendant avers that there was no legal award made. 3 Burr. 1730; 2 Stra. 923.

NUL DISSEISIN, pleading. No disseisin. A plea in a real action, by which the defendant denies that there was any disseisin : it is a species of the general issue.

NUL TIEL RECORD, pleading. No such

record.

2. When a party claims to recover on the evidence of a record, as in an action on scire facias, or when he sets up his defence on matter of record, as a former acquittal or former recovery, the opposite party may plead or reply nul tiel record, there is no such record; in which case the issue thus raised is called an issue of nul tiel record, and it is tried by the court by the inspection of the record. Vide 1 Saund. 92, n. 3;

NUL TORT, pleading No wrong.

2. This is a plea to a real action, by which the defendant denies that he com

mitted any wrong. It is a species of general issue.

NUL WASTE, pleading. This is the general issue in an action of waste. Co. Entr. 700 a, 708 a. The plea of nul waste admits nothing, but puts the whole declaration in issue; and in support of this plea the defendant may give in evidence anything which proves that the act charged is no waste, as that it happened by tempest, lightning, and the like. Co. Litt. 283 a; Saund. 238, n. 5.

NULL. Properly, that which does not exist; that which is not in the nature of things. In a figurative sense it signifies that which has no more effect than if it did not exist. 8 Toull. n. 320.

NULLA BONA. The return made to a writ of fieri facias, by the sheriff, when he has not found any goods of the defendant on which he could levy. 3 Bouv. Inst. n. 3393.

NULLITY. Properly, that which does not exist; that which is not properly in the nature of things. In a figurative sense, and in law, it means that which has no more effect than if it did not exist, and also the defect which prevents it from having such effect. That which is absolutely void.

2. It is a rule of law that what is absolutely null produces no effects whatever; as, if a man had a wife in full life, and both aware of the fact, he married another woman, such second marriage would be null and without any legal effect. Vide Chit. Contr. 228; 3 Chit. Pr. 522; 2 Archb. Pr. K. B. 4th edit. 888; Bayl. Ch. Pr. 97.

3. Nullities have been divided into absolute and relative. Absolute nullities are those which may be insisted upon by any one having an interest in rendering the act, deed or writing null, even by the public authorities, as a second marriage while the former was in full force. Everything fraudulent is null and void. Relative nullities can be invoked only by those in whose favor the law has been established, and, in fact, such power is less a nullity of the act than a faculty which one or more persons have to oppose the validity of the act.

4. The principal causes of nullities are,

1. Defect of form; as, for example, when the law requires that a will of lands shall be attested by three witnesses, and it is only attested by two. Vide Will.

5.-2. Want of will; as if a man be compelled to execute a bond by duress, it is null and void. Vide Duress.

6.-3. The incapacities of the parties; as in the cases of persons non compos mentis, of married women's contracts, and the like.

7.-4. The want of consideration in simple contracts; as a verbal promise without consideration.

8.-5. The want of recording, when the law requires that the matter should be recorded; as, in the case of judgments.

9.-6. Defect of power in the party who entered into a contract in behalf of another; as, when an attorney for a special purpose makes an agreement for his principal in relation to another thing. Vide Attorney; Authority.

10.-7. The loss of a thing which is the subject of a contract; as, when A sells B his horse, both supposing him to be alive, when in fact he was dead. Vide Contract; Sale.

Vide Perrin, Traité des Nullités; Henrion, Pouvoir Municipal, liv. 2, c. 18; Merl. Rép. h. t.; Dall. Dict. h. t. See art. Void. NULLIUS FILIUS. The son of no one; a bastard.

2. A bastard is considered nullius filius as far as regards his right to inherit. But the rule of nullius filius does not apply in other respects.

3. The mother of a bastard, during its age of nurture, is entitled to the custody of her child, and is bound to maintain it. 6 S. & R. 255; 2 John. R. 375; 15 John. R. 208; 2 Mass. R. 109; 12 Mass. R. 387, 433; 1 New Rep. 148; sed vide 5 East, 224 n.

NULLUM FECERUNT ABBITRIUM. The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitration, &c. Bac. Ab. Arbitr. &c. G.

NUMBER. A collection of units.

2. In pleading, numbers must be stated truly, when alleged in the recital of a record, written instrument, or express contract. Lawes' Pl. 48; 4 T. R. 314; Cro. Car. 262; Dougl. 669; 2 Bl. Rep. 1104. But in other cases, it is not in general rcquisite that they should be truly stated, because they are not required to be strictly proved. If, for example, in an action of trespass the plaintiff proves the wrongful taking away of any part of the goods duly described in his declaration, he is entitled to recover pro tanto. Bac. Ab. Trespass, I 2; Lawes' Pl. 48.

3. And sometimes, when the subject to be described is supposed to comprehend a multiplicity of particulars, a general description is sufficient. A declaration in trover alleging the conversion of "a library of books," without stating their number, titles, or quality, was held to be sufficiently certain; 3 Bulst. 31; Carth. 110; Bac. Ab. Trover, F 1; and in an action for the loss of goods, by burning the plaintiff's house, the articles may be described by the simple denomination of "goods" or "divers goods." 1 Keb. 825; Plowd. 85, 118, 123; Cro. Eliz. 837; 1 H. Bl. 284.

NUNC PRO TUNC, practice. This phrase, which signifies now for then, is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tune, and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court. 3 Man. Gr. & Sc. 970. Vide 1 V. & B. 312; 1 Moll. R. 462; 13 Price, R. 604; 1 Hogan, R. 110.

NULLUM ARBITRIUM, pleading. The name of a plea to an action on an arbitration bond for not fulfilling the award, by which the defendant asserts that there is no award.

NUNCIUS, international law. A messenger, a minister; the pope's legate, commonly called a nuncio.

NUNCUPATIVE. It is used to express that a will or testament has been made verbally, and not in writing. Vide Testa