NEW

As an element In numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class. New and useful. The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the condition of having been previously unknown, and practical utility. New assets. In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the expiration of the time when, by statute, claims against the estate are barred so far as regards recourse against the assets with which he was originally charged. New assignment. Under the common law practice, where the declaration’ in an action is ambiguous, and the defendant pleads facts which are literally an answer to it, but not to the real claim set up by the plaintiff, the plaintiffs course is to reply by way of new assignment; f. e., allege that he brought his action not for the ’cause supposed by the defendant, but for some other cause to which the plea has no application. 3 Steph. Comm. 507; Sweet See Bishop v. Travis, 51 Minn. 183, 53 N. W. 461. New cause of action. With reference to the amendment of pleadings, this term may refer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to be entitled under the same state of facts, or it may embrace both features. Love v. Southern R. Co., 108 Tenn. 104, 65 S. W. 475, 55 L. R. A. 471. See Nelson v. First Nat. Bank, 139 Ala. 578, 36 South. 707, 101 Am. St. Rep. 52. New for old. In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance. 3 Kent, Comm. 339. New Inn. An inn of chancery. See INNS OF CHANCERY. New matter. In pleading. Matter of fact not previously alleged by either party in the pleadings. New promise. See PROMISE. New style. The modern system of computing time was introduced into Great Britain A. D., 1752. the 3d of September of that year being reckoned as the 14th. New trial. See TRIAL. New works. In the civil law. By a new work is understood every sort of edifice or other work which is newly commenced on any ground whatever. When the ancient form of work is changed, either by an addition being made to it or by some part of the ancient work being taken away, it is styled also a “new work.” Civ. Code La. art. 856. New Year’s Day. The first dav of January. The 25th of March was the civil and legal New Year’s Day, till the alteration of the style in 1752, when it was permanently fixed at the 1st of January. In Scotland the year was, by a proclamation, which bears date 27th of November, 1599, ordered thenceforth to commence in that kingdom on the 1st of January instead of the 25th of March. Enc. Lond.