Abatable Nuisance - Law Dictionary Search Results
Home Dictionary Name: abatable nuisanceAbatable nuisance
Abatable nuisance, means a nuisance so easily removable that the aggrieved party may lawfully cure the problem without notice to the liable party, such as overhanging tree branches, Black Law Dictionary, 7th Edn., p. 1094....
abatement
abatement 1 : the act or process of abating or the state of being abated [challenged the of her bequest] [ of a private nuisance by self-help "W. L. Prosser and W. P. Keeton"] 2 : an amount abated : deduction ;esp : a deduction from the full amount of a tax in abatement : subject to termination because of a formal or procedural defect [there shall be no reversal in the Supreme Court…for error in ruling upon matters in abatement "U.S. Code"] ...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Quod permittat prosternere
Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished.Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature to a petition of right, Black's Law Dictionary, 7th Edn., p. 1263.Means this is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and show cause why he will not. And this writ lies as well for the alienee of the party first injured, as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant, Commentaries on the Laws of England, 3 William Blackstone 222 (1768)....
Abator, or Abater
Abator, or Abater, one who abates a nuisance or enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or devisee, Cowel. Also an agent or cause by which an abatement is procured....
Abator
Abator, is a person who eliminates a nuisance; a person who tortiously intrudes on an heir's freehold before the heir takes possession, Black Law Dictionary, 7th Edn., p. 2....
De nocumento Amovendo
De nocumento Amovendo. A writ for an order in abatement of nuisance issuable out of the Crown Office upon or after conviction of the defendant upon indictment. Hals. L. of E., title HIGHWAY, ETC., referring to Short and Mellor, Pr. Of the Crown Office, 2nd ed., p. 560....
Perambulation
Perambulation, a travelling through or over.Perambulation of parishes is to be made by the minister, churchwardens, and parishioners, by going round them once a year, in or about Ascension week; and the parishioners may well justify going over any man's land in their perambulation, according to usage, and it is said may abate all nuisances in their way, Cro. Eliz. 441. Manors are also perambulated, Wheat. Com Pr. 234. See PARISH BOUNDARIES....
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
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