Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/231

Ch. 13. not within even miles of the old one it is no nuance: for it is held reaonable that every man hould have a market within one third of a day’s journey from his own home; that, the day being divided into three parts, he may pend one part in going, another in returning, and the third in tranacting his neceary buines there. If uch market or fair be on the ame day with mine, it is prima facie a nuance to mine, and there needs no proof of it, but the law will intend it to be o: but if it be on any other day, it may be a nuance; though whether it is o or not, cannot be intended or preumed, but I mut make proof of it to the jury. If a ferry is erected on a river, o near another antient ferry as to draw away it’s cutom, it is a nuance to the owner of the old one. For where there is a ferry by precription, the owner is bound to keep it always in repair and readines, for the eae of all the king’s ubjects; otherwie he may be grievouly amerced : it would be therefore extremely hard, if a new ferry were uffered to hare his profits, which does not alo hare his burthen. But, where the reaon ceaes, the law alo ceaes with it: therefore it is no nuance to erect a mill o near mine, as to draw away the cutom, unles the miller alo intercepts the water. Neither is it a nuance to et up any trade, or a chool, in neighbourhood or rivalhip with another: for by uch emulation the public are like to be gainers; and, if the new mill or chool occaion a damage to the old one, it is damnum abque injuria.

II. us next attend to the remedies, which the law has given for this injury of nuance. And here I mut premie that the law gives no private remedy for any thing but a private wrong. Therefore no action lies for a public or common nuance, but an indictment only: becaue the damage being common to all the king’s ubjects, no one can aign his particular proportion of it; or, if he could, it would be extremely hard, if every ubject in the kingdom were allowed to harras the offender with eparate actions. For this reaon, no peron, natural Rh