NIHIL CAPIAT PER BREVE, practice. That he take nothing by his writ1. This is the judgment2 against the plaintiff in an action, either in bar or in abatement3. When the plaintiff has commenced his proceedings4 by bill, the judgment is nihil capiat per billam. Co. Litt. 363.
NiHIL DICIT. He says nothing. It is the failing of the defendant5 to put in a plea or answer to the plaintiff's declaration by the day assigned; and in this case judgment is given against the defendant of course, as he says nothing why it should not. Vide 15 Vin. Ab. 556; Dane's Ab. Index, h. t.
NIHIL HABET. The name of a return made by a sheriff, marshal, or other proper officer, to a scire facia.9 or other writ, when he Ims not been able to, serve it on the defendant. 5 Whart. 367.
2. Two returns of nihil are in general equivalent to a service. Yelv. 112; 1 Cowen, 70; 1 Car. Law Regags. 491; 4 Blackf. 188; 2 Binn. 40.
NIL6 DEBET, pleading. The general issue in debt,6r simple contract. It is in the following form: IcAndthesaideD, by E F, his attorney, comes and defends the wrong and injury, when, &c. and says, that he does not owe the said sum of money above demanded, or any part thereof, in manner and form as the said A B hath above complained. And of this the said C, D puts himself upon the country." When, in debt on specially7, the deed is the only iuducernent to the action, the general issue is nil debet. Stephens on Pleading, 174, n.; Dane's Ab. Index, h. t.
NIL HABUIT IN TENEMENTIS, pleading. A plea by which the defendant, wbo is sued by his landlord in debt for rent uppa-a lease, but by deed indented8, by,which he denies his landlord's title to the premises9, that he has no interest in the tenements10. 2 Lill. Ab. 214; 12 Vin. Ab. 184; 15 Vin. Ab. 556 Woodf. L. & T. 330; Com. Dig. Pleader, 2 W 48 Co. Litt. 47 b; Dane's Ab. Index, h. t. 3 E. C. L. R. 169, n.; 1 Holt's R. 489.
NISI. This word is frequently used in legal proceedings to denote that something has been done, which is to be valid11 unless something else Shall be done within a certain time to defeat it. For example, an order may be made that if on the day appointed to show cause, none be shown, an injunction will be dissolved of course, on motion, and production of an affidavit12 of service of the order. This is called an order nisi. Ch. Pr. 547. Under the compulsory13 arbitration14 law of Pennsylvania, on the filing of the award, judgment nisi is to be entered: which judgment is to be as valid as if it had been rendered on the verdict of a jury, unless an appeal be entered within the time required by the law.
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