NON RESIDENCE, eccles. law. The absence of spiritual persons from their benefices.
NON SUBMISSIT. The name of a plea to an action of debt or a bond to perform an award, by which the defendant1 pleads that he did not submit. Bac. Ab. Arbitr. c., G.
NON SUM INFORMATUS, pleading. I am not informed. Vide lnformatus non SUM.
NON TENENT INSIMUL, pleadings. A plea to an action in partition, by which the defendant denies that he holds the property, which is the subject of the suit, together with the complainant or plaintiff.
NON TENUIT. He did not hold. The name of a plea in bar in replevin, when the plaintiff has avowed2 for rent arrear3, by which the plaintiff avows4 that he did not hold in manner and form as the avowry alleges5.
NON TENURE6, pleading. A plea in a real action, by which the defendant asserted, that he did not hold the land, or at least some part of it, as mentioned in the plaintiff's declaration. 1 Mod. 250.
2. Non tenure is either a plea in bar or a plea in abatement8. 14 Mass. 239; but see 11 Mass. 216. It is in bar, when the plea goes to the tenure, as when the tenant9 denies that he holds of the defendant, and says he holds of some other person, But when the plea goes to the tenancy of the land, as when the defendant pleads that be is not the tenant of the land, it is in abate7, ment only. Id.; Bac. Ab. Pleas, c., I 9.
NON TERM. The vacation between two terms of a court.
NON USER. The neglect to make use of a thing.
2. A right which may be acquired by use, may be lost by non-user, and an absolute discontinuance of the use for twenty years affords presumption10 of the extinguishment of the right, in favor of some others adverse11 right. 5 Whart. Rep. 584; 23 Pick. 141.
3. As an enjoyment12 for twenty years is necessary to found the presumption of a grant of an ea百度竞价推广ent, the general rule is, there must be a similar non-user to raise the presumption of a release. But in this case the owner of the servient premises13 must have done some act inconsistent with, or adverse to the existence of the right. See 2 Evans's Pothier, 136; 10 Mass. R, 183; 3 Campbl. R. 614; 3 Kent, Com. 359; 1 Chit. Pr. 284, 285, 767 to 759, n. ; 1 Ves. jr. 6, 8; 2 Supp. to Ves. jr. 442; 2 Anstr. 603; S. C. on appeal, 1 Dowl. R. 316; 4 Ad. Ell 369; 6 Nev. M. 230. But the dereliction or abandonment of rights affecting lands is not in all cases held to be evidenced by mere14 non-user.
4. As an exception to the rule may be mentioned rights to mines and minerals, with the incidental privilege of boring and working them. 16 Ves. 390; 19 Ves. 166.
5. In the civil law there is a similar doctrine15: on this subject, Vide Dig. 8, 6, 5; Voet, Com. ad Pand. lib. 8, tit. 6, s. 5 et 7; 3 Toull. n. 673; Merl. Repert. mot Servitude, 30, n. 6, and 33; Civ. Code of Louis. art. 815, 816.
6. Every public officer is required to use his office for the public good; a non-user of a public office is therefore a sufficient cause of forfeiture16. 2 Bl. Com. 153; 9 Co. 60. Non user, for a great length of time, will have the effect of repealing17 an old law. But it must be a very strong case which will have that effect. 13 S. R. 452; 1 Bouv. Inst. n. 94.
