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or Ntrance Nhisance

house, nuisance, oak, public, doing and common

NHISANCE, or NT:RANCE, (from the French, ,mire, to hurt) in law, is used not only for a thing done to the hurt or annoyance of another, in his free lands or tenements, but also for the assize. or writ ing for the smile.

Nuisances are either public or pritmte: a public or common nuisance is an Aimee against the public in general, either by doing what tends; to the annoyance of all the king's subjects, or by neglecting to do what the common good requires. A private nuisance is when only one person or family is annoyed, by the doing of anything ; as where a person stops up the light of another's house, or builds in such a manner, that the rain falls from his house upon his neighbour's; as likewise the turning or diverting water from running to a man's house, mill, meadow, &c., corrupting or poisoning a water-course, by erecting a dye-house, or a lime-pit, for 14 use .)1' trade, in the upper part of the stream ; stopping up a way that leads from houses to lands; stitli!ring, a house to decay, to the damage of the next house ; erecting a brew house in any place not convenient ; or a privy, &c.. so near another person's house as to offend him ; or exereising any offensi VC trade ; or setting up a fair or Market, to the preju dice of The continuation of a nuisance is by the law considered as a new nuisance, and therefiire, Where a person suffers a nuisance to be set up, and then alienates and lets the land, &c., Wil110111 rem owing it, an action of the case lies against him who erected it ; and also against the alienee or lessee, for continuing, it.

Writs of nuisance are now properly termed trespasses and actions upon the case.

NuisiscE, zlbatement of denotes the removal of it, which the party aggrieved is allowed to do, so as be commits no riot in the doing of it.

" If a house or wall is erected so near to mine, that it stops may ancient lights. which is a private nuisance. I may enter inv neighbour's land, and peaceably pull it down." Salk. 451). " Or if a new gate is erected aeriiss the public highway, Which is a common nuisance, any of the king's sub jects passing that way may cut it down. and destroy it."

Cro. Car. 184. The reason why the law this private and summary method of doing one's self justice. is, because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, require an immediate IC Mod y ; and cannot wait for the slow progress of the ordi nary forms of justice.

OAK, well-known tree. styled by way of eminence the "lord of the 11 west." The I to an enormous size. attaining frcipiently a height of from SO to 100 feet, with a until: trout 6 to 1.2 foot or more in circumference. Some of the parks attached to the mansions of our great nobles are adorned Ni itlt magnificent speeimens ofthese monarchs of the In .1 inphill Park stands an oak of very large The circumference of its base is upwards of 40 feet ; its middle girt is about 0 ; it is hollow, flirming a conca vity sufficient to contain four or five middle-sized pe sons standing together withinside. The chief of its which is much greater in dimensions Clan many parent oaks, is supported by a couple of large wooden props, on account of its weight being too great to be kept up by the main holy of the tree. There are many line oaks in numerous other parts the empire; as in Saleey forest, Northamptonshire, and in the Duke of Hamilton's park in Lanarkshire. The of this tree, is the most durable that grows, and its use in naval and domestic purposes is exceedingly groat.

The are several kinds of oak timber used in this country, but none are equal to the couunou British oak. is more durable than any other wood tip> state size. The oak itnpo•ted fromil AllleTiCa is very inferior to that of England ; the oak from the central parts of Europe is also especially in compactness and resistance of cleavage. The knotty oak of England, when cut down at a proper age, (from fifty to seventy y ears.) is the best timber known, for at once supporting a weight, resisting a strain, and not splintering by a eannon-shot ; hence its value in ship building.