| slovo | definícia |
nuisance
(mass) | nuisance
- nepríjemnosť |
nuisance
(encz) | nuisance,nepříjemnost n: |
nuisance
(encz) | nuisance,nepřístojnost n: Zdeněk Brož |
nuisance
(encz) | nuisance,obtíž n: Zdeněk Brož |
nuisance
(encz) | nuisance,protiva n: Pino |
Nuisance
(gcide) | Nuisance \Nui"sance\, n. [OE. noisance, OF. noisance, nuisance,
fr. L. nocentia guilt, fr. nocere to hurt, harm; akin to
necare to kill. Cf Necromancy, Nocent, Noxious,
Pernicious.]
That which annoys or gives trouble and vexation; that which
is offensive or noxious.
[1913 Webster]
Note: Nuisances are public when they annoy citizens in
general; private, when they affect individuals only.
[1913 Webster] |
nuisance
(wn) | nuisance
n 1: (law) a broad legal concept including anything that
disturbs the reasonable use of your property or endangers
life and health or is offensive
2: a bothersome annoying person; "that kid is a terrible pain"
[syn: pain, pain in the neck, nuisance] |
NUISANCE
(bouvier) | NUISANCE, crim. law, torts. This word means literally annoyance; in law, it
signifies, according to Blackstone, "anything that worketh hurt,
inconvenience, or damage." 3 Comm. 216.
2. Nuisances are either public or common, or private nuisances.
3.-1. A public or common nuisance is such an inconvenience or
troublesome offence, as annoys the whole community in general, and not
merely some particular person. 1 Hawk. P. C. 197; 4 Bl. Com. 166-7. To
constitute a Public nuisance, there must be such 'a number of persons
annoyed, that the offence can no longer be considered a private nuisance:
this is a fact, generally, to be judged of by the jury. 1 Burr. 337; 4 Esp.
C. 200; 1 Str. 686, 704; 2 Chit. Cr. Law, 607, n. It is difficult to define
what degree of annoyance is necessary to constitute a nuisance. In relation
to offensive trades, it seems that when such a trade renders the enjoyment
of life and property uncomfortable, it is a nuisance; 1 Burr. 333; 4 Rog.
Rec. 87; 5 Esp. C. 217; for the neighborhood have a right to pure and fresh
air. 2 Car. & P. 485; S. C. 12 E. C. L. R. 226; 6 Rogers' Rec. 61.
4. A thing may be a nuisance in one place, which is not so in another;
therefore the situation or locality of the nuisance must be considered. A
tallow chandler seeing up his baseness among other tallow chandlers, and
increasing the noxious smells of the neighborhood, is not guilty of setting
up a nuisance, unless the annoyance is much increased by the new
manufactory. Peake's Cas. 91. Such an establishment might be a nuisance in a
thickly populated town of merchants and mechanics, where Do such business
was carried on.
5. Public nuisances arise in consequence of following particular
trades, by which the air is rendered offensive and noxious. Cro. Car. 510;
Hawk. B. 1, c. 755 s. 10; 2 Ld. Raym. 1163; 1 Burr. 333; 1 Str. 686. From
acts of public indecency; as bathing in a public river, in sight of the
neighboring houses; 1 Russ. Cr. 302; 2 Campb. R. 89; Sid. 168; or for acts
tending to a breach of the public peace, as for drawing a number of persons
into a field for the purpose of pigeon-shooting, to the disturbance of the
neighborhood; 3 B. & A. 184; S. C. 23 Eng. C. L. R. 52; or keeping a
disorderly house; 1 Russ. Cr. 298; or a gaming house; 1 Russ. Cr. 299; Hawk.
b. 1, c. 7 5, s. 6; or a bawdy house; Hawk. b. 1, c. 74, s. 1; Bac. Ab.
Nuisance, A; 9 Conn. R. 350; or a dangerous animal, known to be such, and
suffering him to go at large, as a large bull-dog accustomed to bite people;
4 Burn's, Just. 678; or exposing a person having a contagious disease, as
the small-pox, in public; 4 M. & S. 73, 272; and the like.
6.-2. A private nuisance is anything done to the hurt or annoyance of
the lands, tenements, or hereditaments of another. 3 Bl. Com. 1215; Finch,
L. 188.
7. These are such as are injurious to corporeal inheritance's; as, for
example, if a man should build his house so as to throw the rain water which
fell on it, on my land; F. N. B. 184; or erect his. building, without right,
so as to obstruct my ancient lights; 9 Co. 58; keep hogs or other animals so
as to incommode his neighbor and render the air unwholesome. 9 Co. 58.
8. Private nuisances may also be injurious to incorporeal
hereditaments. If, for example, I have a way annexed to my estate, across
another man's land, and he obstruct me in the use of it, by plowing it up,
or laying logs across it, and the like. F. N. B. 183; 2 Roll. Ab. 140.
9. The remedies for a public nuisance are by indicting the party. Vide,
generally, Com. Dig. Action on the case for a nuisance; Bac. Ab. h.t.; Vin.
Ab. h.t.; Nels. Ab. h.t.; Selw. N. P. h.t.; 3 Bl. Com. c. 13 Russ. Cr. b.
2, c. 30; 1 0 Mass. R. 72 7 Pick. R. 76; 1 Root's Rep. 129; 1 John. R. 78; 1
S. & R. 219; 3 Yeates' R. 447; 3 Amer. Jurist, 85; 3 Harr. & McH. 441; Rose.
Cr. Ev. h.t.; Chit. Cr. L. Index, b. t.; Chit. Pr. Index, b. t., and vol.
1, p. 383; Bouv. Inst. Index, h.t.
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| | podobné slovo | definícia |
abatement of a nuisance
(encz) | abatement of a nuisance,potírání zlořádů n: |
be a nuisance
(encz) | be a nuisance,překážet |
common nuisance
(encz) | common nuisance, n: |
mixed nuisance
(encz) | mixed nuisance, n: |
nuisance abatement
(encz) | nuisance abatement, n: |
nuisance tax
(encz) | nuisance tax, n: |
nuisance value
(encz) | nuisance value, n: |
nuisances
(encz) | nuisances,nepříjemnosti n: pl. |
private nuisance
(encz) | private nuisance, n: |
public nuisance
(encz) | public nuisance, n: |
Common nuisance
(gcide) | Common \Com"mon\, a. [Compar. Commoner; superl. Commonest.]
[OE. commun, comon, OF. comun, F. commun, fr. L. communis;
com- + munis ready to be of service; cf. Skr. mi to make
fast, set up, build, Goth. gamains common, G. gemein, and E.
mean low, common. Cf. Immunity, Commune, n. & v.]
1. Belonging or relating equally, or similarly, to more than
one; as, you and I have a common interest in the property.
[1913 Webster]
Though life and sense be common to men and brutes.
--Sir M. Hale.
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2. Belonging to or shared by, affecting or serving, all the
members of a class, considered together; general; public;
as, properties common to all plants; the common schools;
the Book of Common Prayer.
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Such actions as the common good requireth. --Hooker.
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The common enemy of man. --Shak.
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3. Often met with; usual; frequent; customary.
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Grief more than common grief. --Shak.
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4. Not distinguished or exceptional; inconspicuous; ordinary;
plebeian; -- often in a depreciatory sense.
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The honest, heart-felt enjoyment of common life.
--W. Irving.
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This fact was infamous
And ill beseeming any common man,
Much more a knight, a captain and a leader. --Shak.
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Above the vulgar flight of common souls. --A.
Murphy.
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5. Profane; polluted. [Obs.]
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What God hath cleansed, that call not thou common.
--Acts x. 15.
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6. Given to habits of lewdness; prostitute.
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A dame who herself was common. --L'Estrange.
[1913 Webster]
Common bar (Law) Same as Blank bar, under Blank.
Common barrator (Law), one who makes a business of
instigating litigation.
Common Bench, a name sometimes given to the English Court
of Common Pleas.
Common brawler (Law), one addicted to public brawling and
quarreling. See Brawler.
Common carrier (Law), one who undertakes the office of
carrying (goods or persons) for hire. Such a carrier is
bound to carry in all cases when he has accommodation, and
when his fixed price is tendered, and he is liable for all
losses and injuries to the goods, except those which
happen in consequence of the act of God, or of the enemies
of the country, or of the owner of the property himself.
Common chord (Mus.), a chord consisting of the fundamental
tone, with its third and fifth.
Common council, the representative (legislative) body, or
the lower branch of the representative body, of a city or
other municipal corporation.
Common crier, the crier of a town or city.
Common divisor (Math.), a number or quantity that divides
two or more numbers or quantities without a remainder; a
common measure.
Common gender (Gram.), the gender comprising words that may
be of either the masculine or the feminine gender.
Common law, a system of jurisprudence developing under the
guidance of the courts so as to apply a consistent and
reasonable rule to each litigated case. It may be
superseded by statute, but unless superseded it controls.
--Wharton.
Note: It is by others defined as the unwritten law
(especially of England), the law that receives its
binding force from immemorial usage and universal
reception, as ascertained and expressed in the
judgments of the courts. This term is often used in
contradistinction from statute law. Many use it to
designate a law common to the whole country. It is also
used to designate the whole body of English (or other)
law, as distinguished from its subdivisions, local,
civil, admiralty, equity, etc. See Law.
Common lawyer, one versed in common law.
Common lewdness (Law), the habitual performance of lewd
acts in public.
Common multiple (Arith.) See under Multiple.
Common noun (Gram.), the name of any one of a class of
objects, as distinguished from a proper noun (the name of
a particular person or thing).
Common nuisance (Law), that which is deleterious to the
health or comfort or sense of decency of the community at
large.
Common pleas, one of the three superior courts of common
law at Westminster, presided over by a chief justice and
four puisne judges. Its jurisdiction is confined to civil
matters. Courts bearing this title exist in several of the
United States, having, however, in some cases, both civil
and criminal jurisdiction extending over the whole State.
In other States the jurisdiction of the common pleas is
limited to a county, and it is sometimes called a {county
court}. Its powers are generally defined by statute.
Common prayer, the liturgy of the Church of England, or of
the Protestant Episcopal church of the United States,
which all its clergy are enjoined to use. It is contained
in the Book of Common Prayer.
Common school, a school maintained at the public expense,
and open to all.
Common scold (Law), a woman addicted to scolding
indiscriminately, in public.
Common seal, a seal adopted and used by a corporation.
Common sense.
(a) A supposed sense which was held to be the common bond
of all the others. [Obs.] --Trench.
(b) Sound judgment. See under Sense.
Common time (Mus.), that variety of time in which the
measure consists of two or of four equal portions.
In common, equally with another, or with others; owned,
shared, or used, in community with others; affecting or
affected equally.
Out of the common, uncommon; extraordinary.
Tenant in common, one holding real or personal property in
common with others, having distinct but undivided
interests. See Joint tenant, under Joint.
To make common cause with, to join or ally one's self with.
Syn: General; public; popular; national; universal; frequent;
ordinary; customary; usual; familiar; habitual; vulgar;
mean; trite; stale; threadbare; commonplace. See
Mutual, Ordinary, General.
[1913 Webster] |
Nuisance
(gcide) | Nuisance \Nui"sance\, n. [OE. noisance, OF. noisance, nuisance,
fr. L. nocentia guilt, fr. nocere to hurt, harm; akin to
necare to kill. Cf Necromancy, Nocent, Noxious,
Pernicious.]
That which annoys or gives trouble and vexation; that which
is offensive or noxious.
[1913 Webster]
Note: Nuisances are public when they annoy citizens in
general; private, when they affect individuals only.
[1913 Webster] |
Nuisancer
(gcide) | Nuisancer \Nui"san*cer\, n. (Law)
One who makes or causes a nuisance.
[1913 Webster] |
Private nuisance
(gcide) | Private \Pri"vate\ (?; 48), a. [L. privatus apart from the
state, peculiar to an individual, private, properly p. p. of
privare to bereave, deprive, originally, to separate, fr.
privus single, private, perhaps originally, put forward
(hence, alone, single) and akin to prae before. See Prior,
a., and cf. Deprive, Privy, a.]
1. Belonging to, or concerning, an individual person,
company, or interest; peculiar to one's self; unconnected
with others; personal; one's own; not public; not general;
separate; as, a man's private opinion; private property; a
private purse; private expenses or interests; a private
secretary.
[1913 Webster]
2. Sequestered from company or observation; appropriated to
an individual; secret; secluded; lonely; solitary; as, a
private room or apartment; private prayer.
[1913 Webster]
Reason . . . then retires
Into her private cell when nature rests. --Milton.
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3. Not invested with, or engaged in, public office or
employment; as, a private citizen; private life. --Shak.
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A private person may arrest a felon. --Blackstone.
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4. Not publicly known; not open; secret; as, a private
negotiation; a private understanding.
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5. Having secret or private knowledge; privy. [Obs.]
[1913 Webster]
Private act or Private statute, a statute exclusively for
the settlement of private and personal interests, of which
courts do not take judicial notice; -- opposed to a
general law, which operates on the whole community. In
the United States Congress, similar private acts are
referred to as private law and a general law as a
public law.
Private nuisance or wrong. See Nuisance.
Private soldier. See Private, n., 5.
Private way, a right of private passage over another man's
ground; also, a road on private land, contrasted with
public road, which is on a public right of way. --Kent.
[1913 Webster +PJC] |
Public nuisance
(gcide) | Public \Pub"lic\, a. [L. publicus, poblicus, fr. populus people:
cf. F. public. See People.]
1. Of or pertaining to the people; belonging to the people;
relating to, or affecting, a nation, state, or community;
-- opposed to private; as, the public treasury.
[1913 Webster]
To the public good
Private respects must yield. --Milton.
[1913 Webster]
He [Alexander Hamilton] touched the dead corpse of
the public credit, and it sprung upon its feet. --D.
Webster.
[1913 Webster]
2. Open to the knowledge or view of all; general; common;
notorious; as, public report; public scandal.
[1913 Webster]
Joseph, . . . not willing to make her a public
example, was minded to put her away privily. --Matt.
i. 19.
[1913 Webster]
3. Open to common or general use; as, a public road; a public
house. "The public street." --Shak.
[1913 Webster]
public act or public statute (Law), an act or statute
affecting matters of public concern. Of such statutes the
courts take judicial notice.
Public credit. See under Credit.
Public funds. See Fund, 3.
Public house, an inn, or house of entertainment.
Public law.
(a) See International law, under International.
(b) A public act or statute.
Public nuisance. (Law) See under Nuisance.
Public orator. (Eng. Universities) See Orator, 3.
Public stores, military and naval stores, equipments, etc.
Public works, all fixed works built by civil engineers for
public use, as railways, docks, canals, etc.; but
strictly, military and civil engineering works constructed
at the public cost.
[1913 Webster] |
abatable nuisance
(wn) | abatable nuisance
n 1: a nuisance that can remedied (suppressed or extinguished or
rendered harmless); "the continued existence of an abatable
nuisance is not authorized under the law" |
abatement of a nuisance
(wn) | abatement of a nuisance
n 1: (law) the removal or termination or destruction of
something that has been found to be a nuisance [syn:
abatement of a nuisance, nuisance abatement] |
attractive nuisance
(wn) | attractive nuisance
n 1: anything on your premises that might attract children into
danger or harm; "their swimming pool is an attractive
nuisance; they should fence it in" |
common nuisance
(wn) | common nuisance
n 1: a nuisance that unreasonably interferes with a right that
is common to the general public; "a public nuisance offends
the public at large" [syn: public nuisance, {common
nuisance}] |
mixed nuisance
(wn) | mixed nuisance
n 1: a nuisance that is both a public nuisance and a private
nuisance at the same time |
nuisance abatement
(wn) | nuisance abatement
n 1: (law) the removal or termination or destruction of
something that has been found to be a nuisance [syn:
abatement of a nuisance, nuisance abatement] |
nuisance tax
(wn) | nuisance tax
n 1: a tax based on the cost of the item purchased and collected
directly from the buyer [syn: sales tax, nuisance tax] |
nuisance value
(wn) | nuisance value
n 1: the quality of an embarrassing situation; "he sensed the
awkwardness of his proposal" [syn: awkwardness, {nuisance
value}] |
private nuisance
(wn) | private nuisance
n 1: a nuisance that interferes with your interest in and
private use and enjoyment of your land |
public nuisance
(wn) | public nuisance
n 1: a nuisance that unreasonably interferes with a right that
is common to the general public; "a public nuisance offends
the public at large" [syn: public nuisance, {common
nuisance}] |
ABATEMENT OF NUISANCES
(bouvier) | ABATEMENT OF NUISANCES is the prostration or removal of a nuisance. 3 Bl.
2.-1. Who may abate a nuisance; 2, the manner of abating it. (1.)
Who may abate a nuisance. (1.) Any person may abate a public nuisance. 2
Salk. 458; 9 Co. 454.
3.-(2.) The injured party may abate a private nuisance, which is
created by an act of commission, without notice to the person who has
committed it; but there is no case which sanctions the abatement by an
individual of nuisances from omission, except that of cutting branches of
trees which overhang a public road, or the private property of the person
who cuts them.
4.-2. The manner of abating it. (1.) A public nuisance may be abated
without notice, 2 Salk. 458; and so may a private nuisance which arises by
an act of commission. And, when the security of lives or property may
require so speedy a remedy as not to allow time to call on the person on
whose property the mischief has arisen to remedy it, an individual would be
justified in abating a nuisance from omission without notice. 2 Barn. &
Cres. 311; 3 Dowl. & R. 556.
5.-(2.) In the abatement of a public nuisance, the abator need not
observe particular care in abating it, so as to prevent injury to the
materials. And though a gate illegally fastened, might have been opened
without cutting it down, yet the cutting would be lawful. However, it is a
general rule that the abatement must be limited by its necessity, and no
wanton or unnecessary injury must be committed. 2 Salk. 458.
6.-3. As to private nuisances, it has been held, that if a man in his
own soil erect a thing which is a nuisance to another, as by stopping a
rivulet, and so diminishing the water used by the latter for his cattle, the
party injured may enter on the soil of the other, and abate the nuisance and
justify the trespass; and this right of abatement is not confined merely to
a house, mill, or land. 2 Smith's Rep. 9; 2 Roll. Abr. 565; 2 Leon. 202;
Com. Dig. Pleader, 3 M. 42; 3 Lev. 92; 1 Brownl. 212; Vin. Ab. Nuisance; 12
Mass. 420; 9 Mass. 316; 4 Conn. 418; 5 Conn. 210; 1 Esp. 679; 3 Taunt. 99; 6
Bing. 379.
7.-4. The abator of a private nuisance cannot remove the materials
further than is necessary, nor convert them to his own use. Dalt. o. 50.
And so much only of the thing as causes the nuisance should be removed; as
if a house be built too high, so much. only as is too high should be pulled
down. 9 Co. 53; God. 221; Str. 686.
8.-5. If the nuisance can be removed without destruction and
delivered to a magistrate, it is advisable to do so; as in the case of a
libellous print or paper affecting an individual, but still it may be
destroyed 5 Co. 125, b.; 2 Campb. 511. See as to cutting down trees, Roll.
Rep. 394; 3 Buls 198; Vin. Ab. tit. Trees, E, and Nuisance W.
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COMMON NUISANCE
(bouvier) | COMMON NUISANCE. One which affects the public in general, and not merely
some particular person. 1 Hawk. P. C. 197. See Nuisance.
|
NUISANCE
(bouvier) | NUISANCE, crim. law, torts. This word means literally annoyance; in law, it
signifies, according to Blackstone, "anything that worketh hurt,
inconvenience, or damage." 3 Comm. 216.
2. Nuisances are either public or common, or private nuisances.
3.-1. A public or common nuisance is such an inconvenience or
troublesome offence, as annoys the whole community in general, and not
merely some particular person. 1 Hawk. P. C. 197; 4 Bl. Com. 166-7. To
constitute a Public nuisance, there must be such 'a number of persons
annoyed, that the offence can no longer be considered a private nuisance:
this is a fact, generally, to be judged of by the jury. 1 Burr. 337; 4 Esp.
C. 200; 1 Str. 686, 704; 2 Chit. Cr. Law, 607, n. It is difficult to define
what degree of annoyance is necessary to constitute a nuisance. In relation
to offensive trades, it seems that when such a trade renders the enjoyment
of life and property uncomfortable, it is a nuisance; 1 Burr. 333; 4 Rog.
Rec. 87; 5 Esp. C. 217; for the neighborhood have a right to pure and fresh
air. 2 Car. & P. 485; S. C. 12 E. C. L. R. 226; 6 Rogers' Rec. 61.
4. A thing may be a nuisance in one place, which is not so in another;
therefore the situation or locality of the nuisance must be considered. A
tallow chandler seeing up his baseness among other tallow chandlers, and
increasing the noxious smells of the neighborhood, is not guilty of setting
up a nuisance, unless the annoyance is much increased by the new
manufactory. Peake's Cas. 91. Such an establishment might be a nuisance in a
thickly populated town of merchants and mechanics, where Do such business
was carried on.
5. Public nuisances arise in consequence of following particular
trades, by which the air is rendered offensive and noxious. Cro. Car. 510;
Hawk. B. 1, c. 755 s. 10; 2 Ld. Raym. 1163; 1 Burr. 333; 1 Str. 686. From
acts of public indecency; as bathing in a public river, in sight of the
neighboring houses; 1 Russ. Cr. 302; 2 Campb. R. 89; Sid. 168; or for acts
tending to a breach of the public peace, as for drawing a number of persons
into a field for the purpose of pigeon-shooting, to the disturbance of the
neighborhood; 3 B. & A. 184; S. C. 23 Eng. C. L. R. 52; or keeping a
disorderly house; 1 Russ. Cr. 298; or a gaming house; 1 Russ. Cr. 299; Hawk.
b. 1, c. 7 5, s. 6; or a bawdy house; Hawk. b. 1, c. 74, s. 1; Bac. Ab.
Nuisance, A; 9 Conn. R. 350; or a dangerous animal, known to be such, and
suffering him to go at large, as a large bull-dog accustomed to bite people;
4 Burn's, Just. 678; or exposing a person having a contagious disease, as
the small-pox, in public; 4 M. & S. 73, 272; and the like.
6.-2. A private nuisance is anything done to the hurt or annoyance of
the lands, tenements, or hereditaments of another. 3 Bl. Com. 1215; Finch,
L. 188.
7. These are such as are injurious to corporeal inheritance's; as, for
example, if a man should build his house so as to throw the rain water which
fell on it, on my land; F. N. B. 184; or erect his. building, without right,
so as to obstruct my ancient lights; 9 Co. 58; keep hogs or other animals so
as to incommode his neighbor and render the air unwholesome. 9 Co. 58.
8. Private nuisances may also be injurious to incorporeal
hereditaments. If, for example, I have a way annexed to my estate, across
another man's land, and he obstruct me in the use of it, by plowing it up,
or laying logs across it, and the like. F. N. B. 183; 2 Roll. Ab. 140.
9. The remedies for a public nuisance are by indicting the party. Vide,
generally, Com. Dig. Action on the case for a nuisance; Bac. Ab. h.t.; Vin.
Ab. h.t.; Nels. Ab. h.t.; Selw. N. P. h.t.; 3 Bl. Com. c. 13 Russ. Cr. b.
2, c. 30; 1 0 Mass. R. 72 7 Pick. R. 76; 1 Root's Rep. 129; 1 John. R. 78; 1
S. & R. 219; 3 Yeates' R. 447; 3 Amer. Jurist, 85; 3 Harr. & McH. 441; Rose.
Cr. Ev. h.t.; Chit. Cr. L. Index, b. t.; Chit. Pr. Index, b. t., and vol.
1, p. 383; Bouv. Inst. Index, h.t.
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