NULIUS FILIUS. The son of no one; a bastard¹.

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

3. The mother of a bastard, during its age of nurture², is entitled to the custody³ 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.

4. The putative⁴ father, too, is entitled to the custody of the child as against all but the mother. 1, Ashm. 55. And, it seems, that the putative father may main- tain an action, as if his child were legiti- mate, for marrying him without his consent, contrary. to law. Addis. 212. See Bas- tard; Child; Father; Mother;, Putative Father.

NULLUM ARBITRIUM, pleading. The name of a plea to an action on an arbitra- tion bond for not fulfilling the award, by which the defendant⁵ asserts that there is no award.

NULLUM FECERUNT ARBITRIUM. 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 arbitration⁶, &c. Bac. Ab. Arbitr. &c. G.

NUMBER. A collection of units.

2. In pleading, numbers must be stated truly, when alleged⁷ in the recital⁸ of a record, written instrument, or express contract. Lawes' PI. 48; 4 T. R. 314; Cro. Car. 262; Dougl. 669; 2 Bl. Rep. 1104. But in other cases, it is not in general requisite⁹ that they should be truly stated, because they are not required to be strictly¹⁰ proved. If, for example, in an action of trespass¹² the plaintiff proves the wrongful taking away of any part of the goods duly described in his declaration, he is entitled to recover pro¹¹ tanto. Bac. Ab. Trespass, I 2 Lawes' PI. 48.

3. And sometimes, when the subject to be described is supposed to comprehend a multiplicity of particulars, a general de- scription is sufficient. A declaration in trover alleging¹³ the conversion¹⁴ of " a library of books"' without stating their number, titles, or quality, was held 'to be sufficiently¹⁵ 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 bouse, the articles may be described by the simple denomination¹⁶ of " goods" or " divers¹⁷ goods." 1 Keb. 825; Plowd. 85, 118, 123; Cro. Eliz. 837; 1 H. Bl. 284.