NON JOINDER, pleading, practice. The omission1 of some one of the persons who ought to have been made a plaintiff or defendant2 along with others is called a non joinder.
2. In actions upon contracts, where the contract has been made, with several, if their interest were joint3, they miist all, if living, join in the action for its breach4. 8 S., & R. 308; 10 S. & R. 257; Minor5, 167; Hardin, 508. In such case the non joinder must be pleaded in abatement6. Id.; 3 Bouv. Inst. n. 2749.
NON JURORS, English law. Persons who refuse to take the oaths, required by law, to support the government. 1 Dall. 170.
NON LIQUET. It is not clear.
NON MODERATE CASTIGAVIT. The name of a faulty replication to a plea of moderate castigavit. (q. v.) This replication, in such a case, is a negative. pregnant. Gould, PI. ch. 7, SS 37.
NON OBSTANTE, Engl. law. These words, which literally7 signify notwithstanding, are used to express the act of the English king, by which he dispenses8 with the law, that is, authorizes9 its violation10.
2. He cannot by his license11 or dispensation make an offence dispunishable which is malum in se; but in certain matters which are mala prohibita, be may, to certain persons and on special occasions, grant a non obstante. 1 Th. Co. Litt. 76, n. 19; Vaugh. 330 to 359; Lev. 217; Sid. 6, 7; 12 Co. 18; Bac. Ab. Prerogative12, D. 7. Vide Judgment13 non obstante veredicto.
NONOBSTANTEVEREDICTO. Notwithstanding the verdict. See Judgment non obstante veredicto.
NON OMITTAS, English practice. The name of a writ14 directed to the sheriff Where the bailiff of a liberty or franchise15, who has the return of writs16, neglects or refuses to serve a process, this writ issues commanding the sheriff to enter into the franchise and execute the process himself, or by bis officer, non omittas propter aliquam libertatem. For the despatch17 of business a non omittas is commonly directed in the first instance. 3 Chit. Pr. 190, 310.
NON PROS18, or NON PROSEQUITUR. The name of a judgment rendered against a plaintiff for neglecting to prosecute19 his suit agreeably to law and the rules of the court. Vide Grah. Pr. 763; 3 Chit. Pr. 910; 1 Sell. Pr. 359; 1 Penna. Pr. 84; Caines' Pr. 102; 2 Arch. Pr. 204 and article Judgment of Non Pros.