U I 
(another, that the flench of them incommodes him, and 
dn akes the air unwholefome (or renders the enjoyment of 
life or property uncomfortable), this is an injurious nui- 
fance, as it tends to deprive him of the ufe and benefit 
of hishoufe. 9 Rep. 58. A like injury is, if one’s neigh¬ 
bour fets up and exercifes any oftenfive trade, as a tan¬ 
ner’s, a tallow-chandler’s, or the like; for, though thefe 
are lawful and neceffary trades, yet they lhould be exer- 
cifed in remote places. But, deprivingone of a mere mat¬ 
ter of pleafure, as of a fine profp.eft, by building a wall, 
or the like; this, as it abridges nothing realiy convenient 
or neceffary, is no injury to the fufferer, and is therefore 
not an actionable nuifance. 9 Rep. 58. CVo. E/iz. 118. 
If one does any other aft, in itfeif lawful, which yet, 
being done in that place, neceffarily tends to the damage 
of another’s property, it is a nuifance ; for it is incumbent 
on him to find fome other place to do' that aft where it 
will be lefs oftenfive. 
Secondly. As to incorporeal hereditaments. If I have a 
way annexed to my eflate acrofs another’s lands, and 
he obftrufts me in the ufe of it, either by totally flopping' 
it, or putting logs acrofs it, or ploughing over it, it is a 
nuifance; for, in the firft cafe, I cannot enjoy my right 
at all, and, in the latter, I cannot enjoy it fo cotnmodi- 
oufly as I ought. Or, if I am entitled to hold a fair or 
market, and another perl'on fets up a fair or market fo 
near mine that he does me a prejudice, it is a nuifance to 
the freehold which I have in my market or fair. Alfo, if 
a ferry is erefted on a river fo near another ancient ferry 
as to draw away its cuftom, it is a nuifance to the owner 
of the old one. 
If a man hath abated or removed a nuifance which of¬ 
fended him, in this cafe he is entitled to no aftion, for 
he had choice of two remedies ; "either without fuit, by 
abating it himfelf by his own mere aft and authority, or 
by fuit, in which he'may both recover damages, and re¬ 
move it by the aid of the law ; but, having made his elec¬ 
tion of one remedy, he is totally precluded from the other. 
3 Comm. c. 13. 9 Rtp. 55. 
This abatement, or removal of nuifances, is clafled by 
Blackftone dmong the fpecies of remedy allowed by law, 
though the mere aft of the party injured. 3 Comm. c. 1. 
This abatement, removing, or taking away, may be per¬ 
formed by t’ne party aggrieved by the nuifance, fo as be 
commits no riot in the doing it. 5 Rep. 101. 9 Rep. 55. 
If a lioufe or wall is erefted fo near to mine that it (tops 
my ancient lights, which is a private nuifance, I may enter 
my neighbour’s lands, and peaceably pull it down. Salk. 459. 
Or, if a new' gate be*erefted acrofs the public highway,which 
is a common or public nuifance, any of the king’s fub- 
jefts paffing that way may cut it down, and deftroy it. 
Cro. Car. 184. 
With refpeft to the redreffing of Private Nuifances by 
due courle of law: the remedies by fuit are: By aftion 
on the cafe for damages ; in which the party injured (hall 
only recover a fatisfaftion for the injury fuftained, but 
cannot thereby remove the nuifance. Indeed, every con¬ 
tinuance of a nuifance is held to be a frefh one ; and there¬ 
fore a frefh aftion will lie, and very exemplary damages 
will probably be given, if, after one verdift againft him, 
the defendant has the hardihefs to continue it. Cro. Eliz. 
402. Yet the founders of the kHv of England did not rely 
upon probabilities merely, in order to give relief to the 
injured ; they have therefore provided two other aftions, 
the aflj'e of imifauce, and the writ of yuod permittat prof - 
tcmcre; which not only give the plaintiff fatisfaftion for 
Ids injury pail, but alfo ffrike at the root, and remove the 
caufe it (elf, the nuifance that occafioned the injury. 
Thefe two aftions, however, can only be brought by the 
tenant of tire freehold ; fo that a lefiee for years-is confined 
to his aftion upon the cafe. 
An ajji/'e of nuifance is a writ, wherein it is dated that 
the party injured complains of fome particular faft done 
ad nocumentum iibn i tenementi Jui ; and therefore com- 
rnatiding the flteriff to fumraon ,an afiife, that is, a jury, 
N U K 
and view t!ie prenmes, and have them at the next coin¬ 
million of a (fifes, that juftice may be done therein. And, 
if the affife is found for the plaintiff, he fhali have judg¬ 
ment of two things ; iff, to have the nuifance abated; and 
id, to recover damages. 9 Rep. 55. Formerly, an affife 
of nuifance lay againltthe very wrong-doer himfelf who 
levied or did the.nuifance, and not againft any perfon to 
whom he had aliened the tenements whereon the nuifance 
was fituated. This was the immediate reafon for making - 
that equitable provifion in flat. Weftm. 2. 13 Ed. I. c. 24. 
for granting a fimilar writ, in caju confimili, where no 
former precedent was to be found. The ftatute gives the 
form of a new' writ in this cafe, which only differs from 
the old one in Hating, that the w'rong-doer and the alienee 
both raifed the nuifance. 
Both thefe aftions, of a[]ife of nuifance, and of cjuod per¬ 
mittat projternere, are now'out of life, and have given way 
to the aftion on the cafe ; in which no judgment can be 
had to abate the nuifance, but only to recover damages. 
Yet, as therein it is not neceffary that the freehold fhould 
be in the plaintiff and defendant refpeftively, as it mu ft 
be in thefe real aftions, but it is maintainable by one who 
hath poffeffion only againft another that hath like poffef- 
fion, the procefs is therefore eafier, and the effect will 
be much the fame, unlels a man has a very obftinate as 
vrell as an ill-natured neighbour, who had rather continue 
to pay damages than remove his nuifance; for in fuch a 
cafe, recourfe mutt at laft be had to the old and fure reme¬ 
dies, which will effeftually conquer the defendant’s per- 
verfenefs, by fending the lherifr with his pojfe comitatus, 
or power of the county, to level it. 3 Comm. c. 13. 
NUITHO'NES, a people of ancient Germany, poflef- 
fing the country now called Mecklenburg and Pomerania. 
Tacitus. 
NU'ITS or Nuys, a town of France, in the depart¬ 
ment of the Cote d’Or, celebrated for the excellent wines 
made in its environs: tw'elve miles fouth of Dijon, and 
eighteen weft-fouth-weft of Auxonne. 
NUI'ZIA, a river of Ruffia, which runs into the Olck- 
ma in lat. 57. j 5. N. Ion. 119. 34.E. 
NUK, a lake of Ruffia, in the government of Olonetz, 
about forty miles in length, and eight in breadth. Lat. 
64. 20. to 64. 40. N. Ion. 31. to 32. E. 
NUK, or Nu'koe, an ifland of the Baltic, which occa- 
fionally becomes a peninfula, being joined to the main 
land ; but, when the w'ater is high, and the wind blow's 
from the fea, the flood fo runs between, that it is entirely 
cut off from the land, though at times it is poffible to 
walk dry-fliod from one to the other. N T uk is about 
fouTteen verits Jong and eight broad. 
NUKAHI'WA, one of the Northern Mnrquefas, by 
the Americans called Wafhington Iflands, but by Capr. 
Dixon, who firft difeovered that they were not a part of 
the American continent, called Queen Charlotte’s Iflands. 
This ifland was vifited by the Ruffian captain Krufenftern 
on the 6th of May, 1804. The account here given will 
refer equally to all the iflands of this northern groupe. 
“ The whole coaft appears like an uninterrupted line 
of perpendicular rocks, connefted with a chain of moun¬ 
tains, iiretching quite inland. Thefe craggy barren rocks, 
have a gloomy appearance, which is only enlivened by 
beautiful cafcades, falling near each other from the rocks 
into the fea, from a height of at leaf! a thoufand feet. 
At eleven o’clock we perceived to the weltward a canoe 
rowing off to us : it had an outrigger, and was paddled 
along by eight Indians; and I was much ftruck by a white 
flag' it had lioilted, a token of peace that led me to ex¬ 
pect fome European on-board of it. My expectations 
were foon confirmed. There was an Englifhman in the 
boat, who at firft had quite the appearance of one of the 
blunders; his drefs being entirely in their fafhion, confid¬ 
ing merely of a girdle round the waift. He fiiowed me 
the certificate of two Americans, (to whom he had been 
of affiftance during their flay here, particularly by pro¬ 
curing them wood and water,) in which it was attefted 
