Estimating Aboveground Tree Biomass on Forest Land in the Pacific Northwest: A Comparison of Approaches

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...hurt, inconvenience, or damage. 3 B1. Com. 2I5. Nuisances are of two kinds, public, or common nuisances, which affect the public; and private nuisances, which comprise whatever is done to the hurt or annoyance of the lands, tenements or hereditaments, of an individual. Id. ibid; Bouv. L. Dic. title Nuisance Remedy for private nuisance. Formerly the remedies against the erection or continuance of a private nuisance were, I. by action on the case for damages: and, 2. by writ of nuisance. By means of the former the injured party recovered a satisfaction for the injury sustained, but could not thereby remove the nuisance. 3 Bl. Corn. 220. By the latter the nuisance itself might be removed or abated, as well as damages recovered. Id. 221, 222. The writ of nuisance is not retained, but it is provided by statute that in actions on the case for a private nuisance, when the plaintiff prevails he shall, in addition to the usual judgment for damages and costs, also have judgment that the nuisance be abated and removed, unless the justice holding the circuit court at which any issue of fact joined therein shall be tried, shall certify in the minutes of such trial, that the abatement thereof is unnecessary. Comp. L. 1796. How action commenced and prosecuted. The action on the case for a private nuisance may be commenced in the same manner as other actions not arising upon contract, and the defendant may be held to bail in the same manner, if the action be commenced by caju'as, (Comp. L. 1666, ) and the proceedings to issue and trial or default, are the same as in ordinary personal actions of tort. Judgment and execution. If the judge does not certify in the minutes of the trial, that the abatement of the nuisance is unnecessary, or if...