Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/230

Rh place to do that act, where it will be les offenive. So alo, if my neighbour ought to cour a ditch, and does not, whereby my land is overflowed, this is an actionable nuance.

regard to other corporeal hereditaments: it is a nuance to top or divert water that ues to run to another’s meadow or mill ; to corrupt or poion a water-coure, by erecting a dye-houe or a lime-pit for the ue of trade, in the upper part of the tream ; or in hort to do any act therein, that in it’s conequences mut necearily tend to the prejudice of one’s neighbour. So cloely does the law of England enforce that excellent rule of gopel-morality, of “doing to others, as we would they hould do unto ourelves.”

2. As to incorporeal hereditaments, the law carries itelf with the ame equity. If I have a way, annexed to my etate, acros another’s land, and he obtructs me in the ue of it, either by totally topping it, or putting logs acros it, or ploughing over it, it is a nuance: for in the firt cae I cannot enjoy my right at all, and in the latter I cannot enjoy it o commodiouly as I ought. Alo, if I am entitled to hold a fair or market, and another peron ets up a fair or market o near mine that it does me a prejudice, it is a nuance to the freehold which I have in my market or fair. But in order to make this out to be a nuance, it is neceary, 1. That my market or fair be the elder, otherwie the nuance lies at my own door. 2. That the market be erected within the third part of twenty miles from mine. For ir Matthew Hale contrues the dieta, or reaonable day’s journey, mentioned by Bracton, to be twenty miles: as indeed it is uually undertood not only in our own law , but alo in the civil , from which we probably borrowed it. So that if the new market be not