Page:The New International Encyclopædia 1st ed. v. 14.djvu/699

NONSUIT. 599 NOBDATJ. to end the suit, he was obliged to resort to the procedure known as nolle prosequi or retraxit. H<iwi'ver. in modern comnion law procedure, a plaintiir is sometinii's allowed to end his action by nonsuit, in the discretion of the court, and usually upon payment of costs. Under the various codes of procedure at the present time, the same result is efl'ected by a discontinuance. Where the plaintill' fails to introduce sullicicnt evidence to make out a prima facie ease, in many jurisdictions a nonsuit may be ordered by the court before the defendant has introduced any testimony whatever. But where the plaintill does make out a prima facie ease, even though the defendant's evidence appeans to the court to disprove conclusively the truth of the testi- mony introduced by the plaintill'. the court cannot allow a nonsuit, against the objection of the plaintill', as the latter is entitled to have the facts of his case determined by a jury. A nonsuit ditTer.s from a dismissal" of the com- lilaint or declaration, only in that the latter is a broader term and may involve a determination of the merits of the action. A direction of ver- dict is also distinguishable from a nonsuit be- cause it involves the merits of the controversy. It is, therefore, important whether an action is terminated by dismissal on the merits, verdict, or direction of verdict, in which cases the party against whom the court decides must appeal if he thinks the judgment erroneous; or whether a nonsuit is entered, as in the latter case the plaintiff can immediately commence a new action on the same state of facts. See Action ; Judg- iiext; Appeal; Nolle Prosequi ; Verdict. Con- sult the authorities referred to under Practice. NOOTKA, noot'ka. A name sometimes ap- plied to a group of closely related tribes of Vakashan stock (q.v. ), occupying the west coast of Vancouver Island, southern British Columbia, and including also the JIakaw (q.v.), who have conquered for themselves a territory upon the opposite coast of Washington. From their fre- quent repetition of the word icakash, 'good,' Vancouver in 1792 called them Wakash Indians, whence their stock-name Wakashan is derived. They are also frequently known as Aht, from the termination of the tribal names. The official Canadian report distinguishes eighteen tribes, but Boas counts twenty-two, including the Makaw. Those under Canadian jurisdiction have decreased from :!l(iO in 1S88 to about •2(100 at present, of whom liiOO are professedly Christians of various denominations, the others retaining their ancient forms. For general characteristics ami cus((.nn. sec Wakashan Stock. NOOTKA SOUND. An inlet on the west I iiast of Vancouver Island, British North America, in latitude 40° 35' N.. longitude 1-20° 34' W. (Map: British Columbia, D 5). Its entrance is ])rotected by an island of the same name, and the Sound can be entered on both sides of the island. It extends inland for ten miles in a north-northeast direction, and all'nrds good anchorage. According to some writers, the Sound v;is discovered by the Span- iard Don .Juan Perez, in 1774 ; according to others, by the English navigator Cajit. .James Cook, in i778. In 17HS Capt. .lohn Meares estab- lished an English settlement on the coast, which, however, in the following year was broken up by the Spaniards, who at the same time captured several British vessels in the Sound. War for a time seemed inuninent, but Spain finally agreed in 1700 to restore the property of British citizens and make due restitution. NOK'BERT, Saint. See Peemonstbaten- .SLV.NS. NORD, nor. The most northerly department of France. It is conterminous with the former Province of Flandre (French Flanders), and stretches along the Belgian frontier, with a shore line on the North Sea (Map; France, J 1). Area. '2228 square miles. It is well watered, exceedingly fertile, and well cultivated, being one of the luost densely populate<l departments of France. The chief agricultural products are wheat, oats, potatoes, and sugar beets. Stock- raising and fisheries are important, and the de- partment is very rich in coal deposits. The Nord i.s also one of the foremost industrial de- partments, producing machinery, textiles, porce- lain, glass, chemicals, and sugar. The chief of its many large cities are Lille, the capital, Dun- kirk, Roubaix, and Valenciennes. Population, in ISOl. 1,7.S0.341; in 1001, l,8G(i,9!)4. NORDAU, nor'dou. Max Simon (1849—). A German author, pathological critic of literature and of morals, and a prominent leader in the Zionist movement in Europe. He was born in . Budapest of an educated Jewish family; studied medicine in the university of that city, getting his degree in 1872, and after six years of travel throughout Europe practiced in his native town for two years. His earlier writings, chiefly for newspapers and .showing .something of his later censorious manner, were reprinted under the titles. Alls deiii imhren Milliardciiland (1878); Torn Kreml ziir Alhamhra (1880); and Paris wiier dcr driltcn Rcpuhlik (1881). Two years (1880-82) were spent in further medical study in Paris, where Nordau established himself in practice. In France and Germany his literary reputation began with Konventionelle Liigen der Kiillurmenschhcil (1884; French trans. 1880; Eng., 2d ed. 1805), a bold attack on the ethics of modern civilization in general, with particular treatment of the 'religious lie,' or false reverence for the Bible ; of the 'govern- mental lie,' or the falsity of monarchy and aristocracy; of the 'economic lie.' or the untruth of our social sv'stem ; of the 'social lie,' urging the falsity of conventional marriage laws, and not, as some of his critics have urged, a frenzied treatise against the white lies of society. In the same spirit was Panidoxe (1885; 7th ed. 1901 ; French trans. ISOfi; and in English, 1895), ironic rather tliaii pessimistic in tone. Nordau's fame in England and America rests almost en- tirely (unfortunately) on the third of his satiric works. Dcricneration (1893), from the German Entartiaifi. a vigorous polemic against vice or abnormality, and a eulogium of decency in literature and art, at times apjiroaching prudery. The work was dedicated to Cesare Lombro.so, and, like the studies of that alieni.st, has for its theme the relation between genius and de- generacy. Nordau .Tpproaehes the question from the artistic and moral side; examines the work of art produced, and if it be immoral and foul argues that the artist is, ergo, degen- erate, and no genius. The manner of treatment is large and loose, and the chief value of the work is ethical. Nordau's other writings in-