Page:The New International Encyclopædia 1st ed. v. 14.djvu/790

This page needs to be proofread.
*
672
*

NUEVA CACEBES. 672 NUISANCE. steamers of 200 tons on the Bfcol River (Map: Philippine Islands, HO). It is an important road centre, a port of entry and telegraph sta- tion, and has a cathedral, a bishop's palace, a seminary, and a normal school. Population, in 18'Jt), 11,550. Nueva Cflceres was founded in 1578. and was at first called Naga. It was at one time the chief bishop's see for the whole arcliii)elaf;o. NUEVA ECIJA, a'ths-iia. A province of central Luzon, Philippine Islands. It has an ocean frontage of 23 miles on the east coast of Luzon, and extends westward to the centre of the island, its southwestern corner being 30 miles north of Manila Bay (Map: Pliilippine Islands, E 4). Its area is 3840 square miles. The numerous river valleys are covered with a rich iilhivial sciil. The iiopulation of the i)roviiU'C is essentially agricultural. The chief products are rice, corn, tobacco, and palay. There is a large boat traffic on the rivers, and a network of roads covers the greater part of the province. The population, in 1901. was estimated at 150.- 610, mostly Tagfilogs. The capital is San Isidro (q.v.). NUEVA ESPAR'TA. A State of Venezuela, which until IIIOI formed a section of the State of Guzman Blanco. It consists of a group of islands, of which the principal is Margarita (q.v.). NUEVA SAN SALVADOR, nwi'i'va siin siil'- va-UMi-'. A tiiun nf Salvador. .See Santa Tecla. NUEVA VIZCAYA, veth-kii'ya. An inland province i)f Udrlhcrn Luzon, Philippine Islands (Map: Philippine Islands, F 3). It has an area of 1075 square miles. Almost the whole of the jirovince is broken by the finest- covered foot li ills of the Sierra Madre on the east and the Cordillera Central on the west, between which runs the Magat River, a tributary of the Rio Crande dc Cagayiln. There are practically no mainifaclurcs or trade, even agriculture yield- ing scarcely enough for home consumption. The greater part of the province is inaccessible, and is inhabited by savage tribes, among whom the Igorrotes are jironiinent. The population in 1001 was estimated at tiO.OOO. The cajiilal is Hayom- bong (i|.v.), NUEVITAS, nwA-ve'tAs. A town of the Province of Puerto Principe. Ctiba. on the const. 39 miles east of Puerto Princijie. with which it is connected by rail (Map: Cuba, II 5). It is the most important port of the province, with a populnti.m. ill |.H!I!I. of 422S. NUEVO LAREDO, inva'vo la i-.Tn.'.. A fron- tier town of Mexico, situated on the south bank of the Rio Grande, opposite Laredo, Texas. The town is the crossing jioint between Mexico and the I'nited States of the Mexican National Rail- road, Population. 2000. NUEVO LEON, h'l'r.n'. or New Leon. An inland State of Mexico, bounded by the State of Coahuila on the north and west. San Luis Potost on the sonthw<'st. and T:>niaiilipas on the east and northeast (Map: Mexico. .1 5), .rea. 23,592 square miles. The State belongs p.irtly to the Mexican plateau and is partly traversed by the Eastern Sierra Madre. In the north and northeast the country is low and slopes toward the Rio Grande. The rivers are numerous, but none of them suitable for navigation. The cli- mate is not unhealthful, but the rainfall is irreg- ular and droughts occur frequently. The soil is fertile. The chief products are sugar-cane and cereals. Stock-raising is also carried on to some extent. The State has good railway facilities and a considerable trade with the United States and the other Mexican States. Population, in 1900, 320,940. The capital is Monterey (q.v.). NUISANCE (OF. »misa)!ce, iioicence, Fr. nuisance, from !ML. nocentia, injury, from Lat. nocere, to harm). In common speech, anything which causes unusual and culiiable annoj'ance, disturbance, or offense. As a legal term it is narrower, although scarcely more exact in sig- nification. No definition has been oU'ered which meets with general approval. Perhaps the hest l)rief definition is thai of Sir Frederick Pollock: "•The wrong done to a man by unlawfully disturb- ing him in the enjoyment of his property, or, in some cases, in the exercise of a common right." It will be noticed that the gist of nuisance is the unlawful disturbance, annoyance, or discomfort which it produces. Accordingly, the same act may constitute a nuisance and another form of tort, such as trespass; in which case the in- jured party may seek redress for either of the two wrongs. This distinction has been recog- nized by English law from a very early jieriod. (ilanville, writing late in the twelfth century, and Braeton, writing in the next century, make it clear to us that the 'assize of nuisance.' or trial by jury in an action for nuisance, was dis- tinct from the 'assize of novel disseisin,' as, later, it was distinct from the action of trespass. PiuLic Nl'ISANCE. Both of these ancient writ- ers distinguish, as does modern law. between public and private nuisances. The former are offenses against the puhlic at large, such as ob- structing highways, polluting or diverting ])ul)lie waters, carrying on a business which is dan- gerous to the public health or otVensive 1o the public, or iuaint;iining disorderly houses, or in- decent or disgusting exhibitions in a pul)lic place. Modern statutes have greatly extended the scope ot public nuisances, but this legislation professes to observe the common-law test. viz. the tend- ency of the prohibited act. thing, or conduct to debase public morals, to endanger the health of persons generally, or to interfere unlawfully with their convenience. . (lublie nuisance is a crim- inal ofl'cnse and punishalde as such by the State. If a legal proceeding is inslitutecl for its abate- ment, this, too, must be brought and (irosecuted by the public authorities. An individual will not be allowed to bring an action in his own name, either for damages or for abatement of a public nuisance, unless he can show three things: first, a jiartieiilar injury to himself beyond (bat which is suffered by the rest of the public; sec- ond, that such injury is direct and not conse- quential; third, that it is substanlial, not Heeling or evanescent. To illustrate: .

un- 

lawful obstruction in a highway constitutes a public nuisance, whether if does actual harm or not; bill i( will not support a priv:ite action by one owning property on the highway unless the latter can show that it has caused him special, direct, and substantial damage, such as diverting enstomers from his store, or jireventing his pass- ing to and from his premises. Private Nitsa<e. .

act or omission con- 

stituting a private nuisance is not generallN' a