NUISANCE

1302 NULLUM TEMPUS

41 L. J. M. C. 110; L. R. 7 Q. B. 474: Norris v. Barnes, 41 L. J. M. C. 154; L. R. 7 Q. B. 537.

Nuisances, quà P. H. Act, 1875; V. s. 91, a def adopted by P. H. Ireland Act, 1878 (s. 107), and adopted but amplified by P. H. London Act, 1891, ss. 2-18, and by P. H. Scotland Act, 1897, ss. 16-31.

S. 2, P. H. London Act, 1891, "clearly contemplates Nuisances' arising from the actions of Owners of property, as distinguished from acts arising out of the construction of great public works" (per Day, J., Fulham v. London Co. Co., 1897, 2 Q. B. 76; 66 L. J. Q. B. 515; 76 L. T. 691; 45 W. R. 620; 61 J. P. 440).

"Accumulation or Deposit, which is a Nuisance or injurious to health"; V. ACCUMULATION.

"Acts relating to Nuisances," quà Artizans and Labourers Dwellings Improvement Act, 1879; V. s. 5: quà Housing of the Working Classes Act, 1890; V. (for England) s. 2, (for Ireland) s. 98.

"Author of a Nuisance"; V. AUTHOR.

"Nuisance to a HIGHWAY"; Stat. Def., Barbed Wire Act, 1893, 56 & 57 V. c. 32, s. 2. Cp, PURPRESTure.

As to a Quia Timet action to prevent Nuisance; V. A-G. v. Manchester, sup.

V. COMMON NUISANCE: OBSTRUCT: URINAL: Garrett on Nuisances: 9 Encyc. 228-235.

NULL. The power given by Art. 1034 of the Canadian Code of Civil Procedure to declare "Null" Letters Patent obtained by fraudulent suggestion, does not authorize a partial annulment; it must be entire (La Banque D'Hochelaga v. Murray, 59 L. J. P. C. 102; 15 App. Ca. 414).

Null and void"; V. VOID.

NULLA BONA. The return of "Nulla Bona " to a fi. fa., means, that there are no goods applicable to satisfy the claim (Shattock v. Carden, 21 L. J. Ex. 200; 6 Ex. 725).

NULLITY. V. ERROR.

Nullity of Marriage, is when there has been no real marriage at all, e.g. when the parties are within the prohibited Degrees of Consanguinity, or when either is not of his or her supposed sex, or is so sexually malformed or impotent as to be incapable of living conjugally with the other, or has a wife or husband living, or is insane, or when the marriage has been brought about by fraud, or is in violation of a legal prohibition or in breach of an essential legal prescription: Vh. Dixon on Divorce, ch. 5.

NULLUM TEMPUS ACT.—9 G. 3, c. 16, amended by 24 & 25 V. c. 62, so called because it modifies the maxim, Nullum tempus aut locus occurrit regi: Vth, 2 Inst. 273.

NUMBER

1303

NURTURE .

NUMBER. When an elector has more votes than one, e.g. at a School Board Election, and has to mark on his Ballot Paper the "Number" of Votes he gives for each candidate, he is not to be presumed to have exhausted the whole of his voting power by putting a cross against the name of one candidate only; such cross will only count as one vote for that candidate, and will not cumulate all the votes of the elector for such candidate (Morris v. Beves, 1897, 1 Q. B. 449; 66 L. J. Q. B. 299; 76 L. T. 120; 45 W. R. 430; 61 J. P. 263, rejecting dictum of Coleridge, C. J., Phillips v. Goff, 55 L. J. Q. B. 512; 17 Q. B. D. 805).

Where a testator, desiring to benefit a Class of persons, e.g. Servants, or Children, uses a wrong number and, for example, speaks of two when there are three of such persons, the number will be rejected and will be read as "all" (Sleech v. Thorington, 2 Ves. sen. 560: Garvey v. Hibbert, 19 Ves. 124: McKechnie v. Vaughan, L. R. 15 Eq. 289).

As to effect of omitting the Number of a House in a devise; V. Asten v. Asten, cited BLANKS.

"Number of Scholars in schools," quà Voluntary Schools Act, 1897, 60 & 61 V. c. 5, " means, the number of scholars in average attendance as computed by the Education Department" (s. 4).

NUMMATA TERRÆ.

(Elph. 605).

NUN. - Nuns in a Convent; V. Bannon v. Hanrahan, cited DWELLING-HOUSE, p. 590.

NUNCUPATIVE. A Nuncupative Will is when a testator, without any writing, doth declare his Will before a sufficient number of witnesses (Swinburne, 24: 2 Bl. Com. 500: Wms. Exs. 103). Before the Statute of Frauds all kinds of Personalty might be bequeathed by a Nuncupative Will without restriction; but s. 19 of that Act (explained slightly by 4 Anne, c. 16, s. 14) imposed restrictions. Nuncupative Wills were abolished by Wills Act, 1837, except (as provided by s. 11) as regards a "SOLDIER, being in ACTUAL MILITARY SERVICE, or any MARINER or Seaman, being at Sea."

NURSE. Quà Poor Law Officers Superannuation Acts, "Nurse,' includes, any Assistant Nurse, and Attendant on the Sick or Insane (s. 1, 60 & 61 V. c. 28).

A child under the age of seven years is accounted a Nurse Child" (Dumbleton v. Beckford, 2 Salk. 470: Cumner v. Milton, Ib. 528). Vf, NURTURE.

NURSERY GROUND.-V. GARDEN: MARKET GARDEN.

NURTURE. "Under 7, is sometimes called, the Age of Nurture' (Cp, "Nurse Child," sub NURSE); but this is the peculiar Nurture re

NURTURE

1304

NURTURE

quired by a Child from its Mother, and is entirely different from Guardianship for Nurture which belongs to the Father in his lifetime, even from the birth of the child. We can find no distinction in the books as to the rights and incidents of this species of guardianship from the time when it commences till the time when it expires. One of these incidents is, that the guardian shall be entitled to the custody of the person of the child. He is to nurture' the child; the legal sense of this word is its natural and common sense in the English language, which, Dr. Johnson says, is to educate; to train; to bring up.' Accordingly, from the case in the Year Book (Mich. 8 ed. 4, fo. 7 b, pl. 2) to the present time, it has ever been considered that the Father, or whoever else on his death may be the Guardian for Nurture, has by law a right to the custody of the child, and shall maintain an Action of Trespass against a stranger who takes the child: V. the authorities, Com. Dig. Gardian D" (per Campbell, C. J., R. v. Clarke, 7 E. & B. 192, 193; nom. Re Race, 26 L. J. Q. B. 172).

Vf, Guardianship of Infants Act, 1886, 49 & 50 V. c. 27, on why, Re A. & B., Infants, 66 L. J. Ch. 592.

OATH." An Oath is a religious asseveration, by which a person renounces the mercy and imprecates the vengeance of Heaven if he do not speak the truth" (R. v. White, Leach, 430, 431). SACRAMENT.

In Acts of Parliament passed since the end of 1850, "the words 'Oath,' · Swear,' and 'Affidavit,' shall include Affirmation, Declaration, Affirming, and Declaring, in the case of persons by law allowed to declare or affirm instead of swearing" (s. 4, 13 & 14 V. c. 21; Vf, s. 3, Interp Act, 1889). Cp, DECLARATION.

"Proof made upon Oath," s. 32, Solicitors Act, 1843, 6 & 7 V. c. 73, "I think that admits proof on Affidavit, but is not confined to it" (per Esher, M. R., Osborne v. Milman, 56 L. J. Q. B. 264).

V. PERJURY. Vh, 9 Encyc. 248–258.

"Oath of Possession," quà Representation of the People in Scotland; V. 19 & 20 V. c. 58, s. 48; 31 & 32 V. c. 48, s. 59.

OBEDIENCE." In Obedience" to Rules, Bye Laws, or Particular Instructions, s. 1 (4), 43 & 44 V. c. 42; V. Whately v. Holloway, 6 Times Rep. 190.

V. ENFORCE.

OBJECT.-V. SCENE.

"With the object of "; V. VIEW.
"Objects" of a Company; V. PURPOSE.

OBJECTION.-V. REQUISITION: INVESTIGATING, Note.
"Objection made " to Renewal of License; V. MADE.

V. NOMINATION.

OBJECTS OF VERTU.-V. VERTU.

OBLATIONS.-V. OFFERINGS.

OBLIGATION.—“Obligation,' is a word of his owne nature of a large extent: but it is commonly taken in the common law, for a bond containing a penalty, with condition for payment of money or to do or suffer some act or thing, &c, and a bill is most commonly taken for a single bond without condition" (Co. Litt. 172 a). The person bound is the "Obligor "; the other party is the "Obligee."

OBLIGATION

1306

OBSCENE

V. Ryland v. Delisle, 38 L. J. P. C. 67; L. R. 3 P. C. 17.

The word "Obligations," s. 9, Partnership Act, 1890, does not, it is submitted, import any larger obligations than those prior to the Act, and, at any rate, as regards the estate of a deceased partner the rule in Deraynes v. Noble, Houlton's Case (1 Mer. 616) applies, so that such estate is not responsible for acts done after such partner's death (Re Friend, 1897, 2 Ch. 421; 66 L. J. Ch. 737; 77 L. T. 50; 46 W. R. 139).

"Right, Privilege, Obligation, or Liability"; V. RIGHT. V. LIABLE.

OBLIGATORY. “I can see no difference at all between enacting that certain words shall be 'VALID and obligatory' and saying that the agreement is to be confirmed and made BINDING' on the several parties. I do not understand how an agreement which was not made binding' could be made 'obligatory.' The only meaning that I can attach to the word 'obligatory,' when so used, is that the parties to the agreement are bound by its contents; just as the meaning of a contract being binding' is that the different clauses are 'obligatory' upon the parties to the contract. Indeed, the only difference that I can see between binding' and obligatory,' is that the one uses an English word and the other a Latin word to express identically the same idea; because obligatory means binding,' and 'binding,' I suppose, means an obligation' or 'tie (per Stephen, J., Mid. Ry v. G. W. Ry, 5 Ry & Can Traffic Ca., 274, 275; S. C. nom. R. v. Mid. Ry, cited Required).

"Writing Obligatory "; V. R. v. Morton, cited DEED.

OBLITERATE: OBLITERATING. As to revocation of a Will by "obliterating" the same under the Statute of Frauds, V. 1 Jarm. 133-139. Since the Wills Act, 1837, no obliteration, interlineation, or other alteration, in a Will is operative unless it be executed like a Will, or the words altered are no longer " APPARENT." Pasting over a piece of paper is an "obliteration" (Ffinch v. Combe, 1894, P. 191; 63 L. J. P. D. & A. 117).

OBLIVION.- Act of Oblivion, 12 Car. 2, c. 11.

OBOLATA TERRÆ.

- Half an acre, or half a square perch (Elph. 605, citing Spelm., Fardella; Obolata).

OBSCENE. A book or other publication is not saved from being "obscene," within the Obscene Publications Act, 1857, 20 & 21 V. c. 83, because the professed INTENTION of it is, not to injure public morals but, to attack the iniquity of a particular religion; e.g. "The Confessional