Blacks Law Dict. 1st ed

832

NUISANCE

NOXA

dicate that they are lacking in some essential legal requisite. NUDE CONTRACT. One made with out any consideration; upon which no action will lie, in conformity with the maxim "ex nudo pacto non oi itur actio." 2 Bl. Comm. 445. NUDE MATTER. A bare allegation of a thing done, unsupported by evidence. NUDUM PACTUM. Lat. A naked pact; a bare agreement; a promise or under taking made without any consideration for it. Nudum pactum est ubi nulla subest causa prseter conventionem; sed ubi subest causa, lit obligatio, et parit ac tionem. A naked contract is where there >* no consideration except the agreement; uuc, where there is a consideration, it be comes an obligation and gives a right of ac tion. Plowd. 309; Broom, Max. 745, 750. Nudum pactum ex quo non oritur actio. Nudum pactum is that upon which no action arises. Cod. 2, 3, 10; Id. 5,14, 1; Broom, Max. 676. NUEVA RECOPILACION. (New Compilation.) The title of a code of Span ish law, promulgated in the year 1567. Schm. Civil Law,Introd. 79-81. NUGATORY. Futile; ineffectual; in valid; destitute of constraining force or vi tality. A legislative act may be "nugatory" because unconstitutional. NUISANCE. Anything that unlawfully worketh hurt, inconvenience, or damage. 3 Bl. Comm. 216. That class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conduct, work ing an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, dis comfort, or hurt that the law will presume a consequent damage. Wood, Nuis. § L Anything which is injurious to health, or is in decent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. Civil Code Cal. § 8479. Nuisances are either public or private. A public nuisance is one which damages all

NOXA. Lat. In the civil law. This term denoted any damage or injury done to persons or property by an unlawful act com mitted by a man's slave or animal. An ac tion for damages lay against the master or owner, who, however, might escape further responsibility by delivering up the offending agent to the party injured. "Noxa" was also used as the designation of the offense com mitted, and of its punishment, and sometimes of the slave or animal doing the damage. Noxa sequitur eaput. The injury [i. «., liability to make good an injury caused by a slave] follows the head or person, [i, e., at taches to his master.] Heinecc. Elem. 1. 4, t. 8, § 1231. NOXAL ACTION. An action for dam age done by slaves or irrational animals. Bandars, Just. Inst. (5th Ed.) 457. NOXALlS ACTIO. Lat. In the civil law. An action which lay against the mas ter of a slave, for some offense (as theft or robbery) committed or damage or injury done by the slave, which was called "noxa." Usu ally translated "noxal action." NOXIA. Lat. In the civil law. An offense committed or damage done by a slave. Inst. 4,8, 1. NOXIOUS. Hurtful; offensive; offen sive to the smell. 1 Burrows, 337. The word "noxious" includes the complex idea both of insalubrity and offensiveness. Id. NUBILIS. In the civil law. Marriage able; one who is of a proper age to be mar ried. NUCES COLLIGERE. Tocollect nuts. This was formerly one of the works or serv ices imposed by lords upon their inferior ten ants. Faroch. Antiq. 495. Nuda pactio obligationem non parit. A naked agreement [i. e., without consid eration] does not beget an obligation. Dig. % 14, 7, 4; Broom, Max. 746. NUDA PATIENTIA. Lat. Mere suf ferance. NUDA POSSESSIO. Lat. Bare or mere possession. Nuda ratio et nuda pactio non ligant aliquem debitorem. Naked reason and naked promise do not bind any debtor. Fle ta, i. 2, c. 60, § 25. NUDE. Naked. This word is applied metaphorically to a variety of subjects to in

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