NISI PRIUS. These words, which signify 'unless before,' are the name of a court. The name originated as follows: Formerly1, an action was triable only in the court where it was brought. But, it was provided by Magna Charta, in ease of the subject, that assises of novel disseisin and mort d'ancestor should thenceforward instead of being tried at Westminster, in the superior court, be taken in their proper counties; and for this purpose justices were to be sent into every county once a year, to take these assises there. 1 Reeves, 246; 2 Inst. 422, 3, 4. These local trials being found convenient, were applied2 not only to assises, but to other actions; for, by the statute3 of 13 Edw. I. c. 30, it is provided as the general course of proceeding4, that writs5 of venire for summoning juries in the superior courts, shall be in the following form. Praecipimus tibi quod veneri facias coram justiciariis nostris apud Westm. in Octabis Seti Michaelis, nisi talis et talis tali, die et loco ad partes illas venerint, duodecim, c. Thus the trial was to be had at Westminster, only in the event of its not previously6 taking place in the county, before the justices appointed to take tlie assises. It is this provision of the statute of Nisi Prius, enforeed by the subsequent statute of 14 Ed. III. c. 16, which authorizes7, in England, a trial before the justices of assises, in lieu of the superior court, and gives it the name of a trial by nisi prius. Steph. Pl. App. xxxiv.; 3 Bl. Com. 58; 1 Reeves, 245, 382; 2 Reeves, 170; 2 Com. Dig. Courts, D b, page 316.
2. Where courts bearing this name exist in the United States, they are instituted by statutory provision. 4 W. S. 404.
NISI PRIUS ROLL, Eng. practice. A transcript8 of a case made from the plea roll, and includes the declaration, plea, replication, rejoinder, c. and the issue. Eunom. Dial. 2, 28, 29, p. 110, 111. After the nisi prius roll is returned from the trial, it assumes the name of posted.
NO AWARD. The name of a plea to an action or award. 1 Stew9. 520; f Chip. R. 131; 3 Johns. 367. See Nul. Agard.
NO BILL. These words are frequently used by grand juries. They are endorsed10 on a bill of indictment11 when the grand jury have not sufficient cause for finding a true bill. They are equivalent to Not found, or Ignoramus. 2 Nott McC. 558.
NOBILITY. An order of men in several countries to whom privileges are granted at the expense of the rest of the people. 2. The constitution of the United States provides that no state shall grant any title of nobility; and no person can become a citizen ot' the United States until he has renounced12 all titles of nobility. The Federalist, No. 84; 2 Story, Laws U. S. 851. 3. There is not in the constitution any general prohibition13 against any citizen whomsoever, whether in public or private life, accepting any foreign title of nobility. An amendment14 of the constitution in this respect has been recommended by congress, but it has not been ratified15 by a sufficient number of states to make it a part of the constitution. Rawle on the Const. 120; Story, Const. 1346.
