TRACT

A case in which "time is of the essence of the contract" is one where the par- ties evidently contemplated a punctual per- formance, at the precise time named, as vital to the agreement, and one of its essential ele- ments. Time is not of the essence of the contract in any case where a moderate delay in performance would not be regarded as an absolute violation of the contract.

A lot, piece, or parcel of land, of greater or less size, the term not importing, in itself, any precise dimension. See 28 N. J. Law, 45. Tractent fabrilia fabri. Let smiths per- form the work of smiths. 3 Co. Epist.

NUDUM PACTUM, (defined). 1 Fonb. 335 n. (what is). 1 Cai. (N. Y.) 584; 5 Serg. & R. (Pa.) 358, 361. (what is not). 5 Serg. & R. (Pa.) 8. Nudum pactum est ubi nulla subest causa præter conventionem; sed ubi subest causa, fit obligatio, et parit actionem (Plowd. 309): A naked contract is where there is no consideration except the agreement; but where there is a consideration, it becomes an obligation and gives a right of action. NUISANCE is either public (common) or private. 1. Public, or common. A public or common nuisance is an act which interferes with the enjoyment of a right which all members of the community are entitled to, such as the right to fresh air, to travel on the highways, not to be exposed to danger to health from infectious diseases, unwholesome food, &c. Hence, if a person carries on a manufacture from which noxious fumes are emitted, or exposes for sale unwholesome food, or stops up or obstructs a highway, or allows buildings belonging to him near a highway to become ruinous, he commits a public nuisance. The remedy for a public nuisance (which is a misdemeanor) is by indictment or information, (Steph. Cr. Dig. 108 et seq.; 4 Steph. Com. 270; where a a number of statutory nuisances (many of which are now rarely met with) are referred to,) and in certain cases by abatement (q. v.); and if special damage is caused to an individual, he has an action for damages or injunction against the wrong-doer. (Broom Com. L. 718, 914; Hill v. Metropolitan Asylums Board, 4 Q. would in process of time give the wrongdoer an easement or prescriptive right to do an act which was originally tortious. (Gale Easm. 482, 502.) The infringement of an acquired right (e. g. an easement) is properly called a "disturbance” (q. v.) Thus, if a man builds a house so close to mine that his roof overhangs mine, and the water flows off his roof upon mine, this is a nuisance for which an action will lie. Similarly, if my neighbor carries on a noisy or offensive trade, or if any one injuriously interferes with my water-course, market, ferry, or the like. The remedy for a nuisance is either by abatement (q. v. § 1), or by action for damages, injunction, or mandamus. 3 Steph. Com. 402 et seq. Vernon v. Vestry of St. James, 16 Ch. D. 449. See DISTURBANCE; PRESCRIPTION; (1283) to one another that the inhabitants may fairly be said to dwell together. The word is so used in the pre-emption clause of the English Lands Clauses Act. (Reg. v. Cottle, 16 Ad. & E. N. S. 412; London & S. W. Rail. Co. v. Blackmore, L. R. 4 H. L. 610. See PRE-EMPTION.) The name of such a town is a matter of reputation. Collier v. Worth, 1 Ex. D. 464. TOWN, (defined). 82 III. 119; 46 Iowa 256; 6 Oreg. 378; 6 Daly (N. Y.) 349; 50 Wis. 193; 1 Bl. Com. 114. (includes a city). 24 Ind. 286; 66 Me. 154; 11 Vr. (N. J.) 1; 13 Id. 487, 498;3 R. I. 276. (in a contract includes the town and vicinity). 31 Iowa 20. (equivalent to "township"). 82 III. 119; 1 Beas. (N. J.) 299. (not synonymous with "village"). 46 (when used in popular sense). Wil- (duty of, to provide for the payment Iowa 256. berf. Stat. L. 122. of its bonds). 64 N. Y. 112. Imperfect WAR. Implements of GAMING. Implied MALICE. Implied NOTICE. In a state of CULTIVATION. In about three MONTHS. In any other PLACE. In case A. should die before

A written discourse or dissertation, generally of short extent; a short treatise, especially on practical religion. The church clergy at that writ the best collection of tracts against popery that ever appeared. Swift. Tracts for the Times. See Tractarian.

Something drawn out or extended; expanse. "The deep tract of hell." Milton. A region or quantity of land or water, of indefinite extent; an area; as, an unexplored tract of sea. A very high mountain joined to the mainland by a narrowtract of earth. Addison. Traits; features; lineaments. [Obs.] The discovery of a man's self by the tracts of his countenance is a great weakness. Bacon. The footprint of a wild beast. [Obs.] Dryden. Track; trace. [Obs.] Efface all tract of its traduction. Sir T. Browne. But flies an eagle flight, bold, and forthon, Leaving no tract behind. Shak. Treatment; exposition. [Obs.] Shak. Continuity or extension of anything; as, the tract of speech. [Obs.] Older. Continued or protracted duration; length; extent. "Improved by tract of time." Milton. Verses of Scripture sung at Mass, instead of the Alleluia, from Septuagesima Sunday till the Saturday befor Easter;-so called because sung tractim,or without a break, by one voice, instead of by many as in the antiphons.

To trace out; to track; also, to draw out; to protact. [Obs.] Spenser. B. Jonson.

An area or expanse. | A series of connected body organs, such as the digestive tract. | A small booklet such as a pamphlet, often for promotional or informational uses. | A brief treatise or discourse on a subject. | A commentator's view or perspective on a subject. | Continued or protracted duration, length, extent | Part of the proper of the liturgical celebration of the Eucharist for many Christian denominations, used instead of the alleluia during Lenten or pre-Lenten seasons, in a Requiem Mass, and on a few other penitential occasions. | Continuity or extension of anything. | Traits; features; lineaments. | The footprint of a wild animal. | Track; trace. | Treatment; exposition.

To pursue, follow; to track. | To draw out; to protract.

To treat, discourse, negotiate.