英文法律词典 N-46

NOVEL ASSIGNMENT. Vide New Assignment.

NOVEL DISSEISIN. The name of an old remedy which was given for a new or recent disseisin.

2. When tenant in fee simple, fee tail, or for term of life, was put out, and digseised of his lands or tenements, rents, find the like; he might sue out a writ of assise or novel disseisin; and if, upon trial, he could prove his title, and his actual seisin, and the disseisin by the present tenant, be was entitled to have judgment to recover his seisin and damages for the injury sustained. 3 Bl. Com. 187. This remedy is obsolete.

NOVELLAE LEONIS. The ordinances of the emperor Leo, which were made from the year 887 till the year 893, are so called. These novels changed many rules of the Justinian law. This collection contains one hundred and thirteen novels, written origi- nally in Greek, and afterwards, in 1560, translated into Latin, by Agilaeus. - .

NOVELS, civil law. The name given to some constitutions or laws of some of the Roman emperors; this name was so given because they were new or posterior to the laws which they had before published. The novels were made to supply what bad not been foreseen in the preceding laws, or to amend or alter the laws in force.

2. Although the novels of Justinian are the best known, and when the word novels only is mentioned, those of Justinian are always intended, he was not the first who gave the name of novels to his constitution and laws. Some of the acts of Theodosius, Valentinien, Leo, Severus, Anthemius, and others, were, also called novels. But the novels of the emperors who preceded Justinian bad not the force of law, after the enactment of the law by order of that emperor. Those novels are not, however, entirely useless, because the code of Justinian having been composed mainly from the Theodosian code and the novels, the latter frequently remove doubts which arise on the construction of the code. The novels of, Justinian form the fourth part of the Corpus Juris Civilis. They are directed either to some, officer, or an archbisbop or bishop, or to some private individual of Constantinople but they all had the force and authority of law. The number of the novels is uncertain. The 118th novel is the foundation and groundwork of the English statute of distribution of intestate's effects, which has been copied into many states of the Union. Vide 1 P. Wms. 27; Pr. in Chan. 593