Neglect, failure, or refusal to deliver goods on the part of a carrier, vendor, etc. See COMMON CARRIER. NON DEMISIT (Lat. he did not de- mise). In Pleading. A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease. Gilb. Debt 436; Bull. N. P. 177; 1 Chitty, Pl. 477. A plea in bar, in replevin, to an avowry for arrears of rent, that the avow- ant did not demise. Morris, Repl. 179. It cannot be pleaded when the demise is stated to have been by indenture; 12 Viner, Abr. 178; Com. Dig. Pleader (2 W 48). NON DETINET (Lat. he does not de- tain). In Pleading. The general issue in an action of detinue. Its form is as fol- lows: "And the said CD, by EF, his at- torney, comes and defends the wrong and injury, when, etc., and says that he does not detain the said goods and chattels (or deeds and writings,' according to the subject of the action) in the said declara- tion specified; or any part thereof, in man- ner and form as the said A B hath above complained. And of this the said CD puts himself upon the country." Andr. Steph. Pl. 231. It puts in issue the detainer only: a justi- fication must be pleaded specially; 8 Dowl. Pract. Cas. 347. It is a proper plea to an action of debt on a simple contract in the case of executors and administrators. 6 East 549; Bac. Abr. Pleas (I); 1 Chitty, Pl. 476. See DETINET. NON EST FACTUM (Lat. is not his deed). In Pleading. A plea to an action of debt on a bond or other specialty. Its form is, "And the said CD, by EF, his attorney, comes and defends the wrong and injury, when, etc., and says that the said supposed writing obligatory (or 'in- denture,' or 'articles of agreement,' ac- cording to the subject of the action) is not his deed. And of this he puts himself upon the country." 6 Rand. 86; 1 Litt. 158. It is a proper plea when the deed is the foundation of the action; 1 Wms. Saund. 38, note 3; 2 id. 187 a, note 2; 2 Ld. Raym. 1500; 11 Johns. 476; and cannot be proved as declared on; 4 East 585; on account of non-execution; 6 Term 317; or variance in the body of the instrument; 1 Campb. 70; 4 Maule & S. 470; 2 D. & R. 662. Under this plea the plaintiff may show that the deed was void ab initio; 2 Campb. 272; 12 Johns. 337; 10 S. & R. 25; see 2 Salk. 275; 6 Cra. 219; or became so after making and before suit; 5 Co. 119 b; 11 id. 27. See 1 Chitty, Pl. 417, n. In covenant, the defendant may, under this plea, avail himself of a mis-statement or omission of a qualifying covenant; 2 Stra. 1146; 9 East 188; 1 Campb. 70; or omission of a condition precedent; 11 East 639; 7 D. & R. 249. See Jud. Act, 1875, Ord. xix. rr. 20, 23. NON EST INVENTUS, (Lat. he is not found). In Practice. The sheriff's return to a writ requiring him to arrest the person of the defendant, which signifies that he is not to be found within his juris- diction. The return is usually abbreviated N. E. I. Chitty, Pr. The English form "not found" is also commonly used. See