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Ne admittas.

NE

E admittas (so called from those words in the writ,
Prebibemus ne admittas) is a writ directed to the

bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another, to the same benefice: then he that doubts it shall have this writ, to prohibit the bishop that he shall not collate or admit any to that church, pending the suit. Terms of

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NOCTURN

RN, was a service so called, , from the an-
cient christians rifing in the night to perform the .
fame. Gilf, 263.
Nomination to a benefice. See Benefice.

Non-conformists. See Diflenters.
Non-residence. See Relidence.

Notable goods. See Wills.

Rotary publick.

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Notary was anciently a scribe, that only took holes Notary, who.

or minutes, and made short draughts of writings, and ocher inftruments, both publick and private. But at

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this day we call him a notary publick, who confirms and
actests the truth of any deeds or writings, in order to
render the same authentick. Ayl. Par. 382.

The law books give to a notary several names or appel-
lations; as, actuarius, registrarius, scriniarius, and such
like. All which words are put to signify one and the
same person. But in England, the word registrarius is
confined to the officer of some court, who has the custody
of the records and archives of such court; and is often.
times distinguished from the actuary thereof, But a register
ought always to be a notary publick; for that seems to be

a necessary qualification of his office.
How appointed. 2. A notary publick is appointed to this office by the

archbilbop of Canterbury; who in the instrument of ap-
pointment decrees, that “ full faith be given, as well in
“ as out of judgment, to the ioftruments by him to be
" made.” Which appointment is also to be registred and
subscribed by the clerk of bis majefty for faculties in Chan.

cery. i Ought. 486. dyl. Par. 385. How sworn,

3. A notary on his appointment muft swear, “ that he will faithfully exercise the office of notary publick; that he will faithfully make contracts, wherein the consent of parties is required, by adding or diminishing nothing, without the will of the parties, that may alter the sub. ftance of the fact that if in making any inftrument the will of one party only-is required, he will in such case add or diminish nothing that may alter the subitance of the fact, against the will of such party; that he will not make inftruments of any contract, in which he thall know there is a violence or fraud ; that he will reduce contracts into an inftrument or register; and after he hall have so reduced the fame, that he will not maliciously delay to make a publick instrument thereupon, against the will of him or them, on whose behalf such contract is to be so drawn :

Saving to himself his just and accustomed fees.”
Hig office in the 4. A notary publick (or actuary) that writes the acts
conteftation of of court, ought not only to be chosen by the judge, but

approved also by each of the parties in fuit; for tho' it
does of common right belong to the office of the judge,
to assume and choose a notary for reducing the acts of
court in every cause into writing, yet he may be refused
by the litigants : for the use of a notary was intended,
not only on account of the judge, to help his memory in
the cause, but also that the litigants might not be injured
by the judge. Ayl. Par. 382.

And

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fuit.

And particularly, the office of a notary in a judicial cause is employed about three things : First, He ought to regifter and inroll all the judicial ads of the court, according to the decree and order of the judge, seting down in the act the very time and place of writing the fame. Secondly, He ought to deliver to the parties, at their especial request, copies and exemplifications of all such judicial acts and proceedings, as are there enacted and decreed. And thirdly, He ought to retain and keep in his custody the originals of such acts and proceedings, commonly called the protocols (opwice xwra the notes, or first draughts.)

5. As a notary is a publick perfon, fo consequently all Authenticity of inftruments made by him are called publick inftruments;

bis proceedings. and a judicial register or record made by him, is evidence in every court, according to the civil and canon law. And a bilhop's regifter eftablishes a perpetual proof and evidence, when it is found in the bifhop's archives ; and credit is given not only to the original, but even to an authentick copy exemplified. Myl. Par. 386.

And one notary publick is sufficient for the exemplification of any act; no matter requiring more than one notary to atteft it. Id.

And the rule of the canon law is, that one notary is equal to the testimony of two witpeffes. Gibf. 996.

6. By the several stamp acts, the admiffion of a notary Stamps. Thall be upon a treble 40 s. ftamp (6).

And every notarial act shall be on a 2 s. Itamp.

Novel differlin.

THE
HE writ of affise of novel diffeifin (novæ diffeifine)

lieth, where tenant for life, or tenant in fee fimple, or in-rail, is diffeised of his lands or tenements, or put out thereof against his will. F. N. B. 408.

November the fifth. See Holidays.

Noncupatiye will. See wmills. .

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Lau fulness of an oath.

Oath ex officio.

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Daths.
1. NONE shall bring into dispute the determinations

of the church, concerning oaths to be taken in
the ecclesiastical or in the temporal courts; on pain of
being declared an heretick. Arund. Lind. 297.

As we confess that vain and rach swearing is forbidden christian men by our Lord Jesus Chrift, and James his apostle ; so we judge that christian religion doth not probibit, but that a man may swear when the magistrate requireth, in a cause of faith and charity, so it be done according to the prophet's teaching, in justice, judgment, and truth. Art. 39.

The giving of every oath must be warranted by act of parliament, or by the common low time out of mind. 2 Inft. 73.

2. The oath ex officio, is an oath whereby any person may be obliged to make any presentment of any crime or offence, or to confess or accuse himself or herfelf, of any criminal matter or thing, whereby he or she may be liable to any censure, penalty or punishment whatsoever.

By a canon of archbishop Boniface: Laymen fall be compelled by excommunication, if need be, to take an oath to speak the truth, when enquiry shall be made by the prelates and judges ecclefiaftical; for she correction of sins and exceffes.

Afterwards, E. 47. In the time of the parliament, the lords of the council at Whitehall demanded of Popham and Coke chief justices, upon motion made by the commons in parliament, in what cases the ordinary mTy examine any person ex officio upon oath. And upon good confideration and view of the books, they answered to the Jords of the council at another day in the council chamber: 1. That the ordinary cannot constrain any man, ecclefiaftical or temporal, to fwear generally to answer to fuch interrogatories as shall be administered unto him ; but ought to deliver to him the articles upon which he is to be examined, to the intent that he may know whether he ought by the law to answer to them. And so is the course of the chancery i the defendant hath a copy of the bill delivered unto him, or otherwise he need not to an. swer it. 2.. That no man ecclefiaftical or temporal, ihall be examined upon the secret thoughts of his heart, or of his secret opinion ; but something ought to be objected against him, which he hath Spoken or done. 3. That no layman may be examined ex officio, except in

Lind. 109.

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