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See also:NOISE (a word of doubtful origin; O. Fr. nogse or See also:nose; Prov. nausa, which points to See also:Lat. See also:nausea, sickness, as the origin; others take Lat. noxia, harm, as the source) , an excessive, offensive, persistent or startling See also:sound . By the See also:common See also:law of See also:England freedom from See also:noise is essential to the full enjoyment of a dwelling See also:house, and acts which affect that enjoyment may be actionable as nuisances . But it has been laid down that a See also:nuisance by noise, supposing malice to be out of the question, is emphatically a question of degree (Gaunt v . Finney, 1872, 8 Ch . Ap . 8) . The noise must be exceptional and unreasonable . The ringing of bells, See also:building operations, vibration of machinery, See also:fireworks, bands, a See also:circus, merry-go-rounds, See also:collecting disorderly crowds, dancing, singing, &c., have been held under certain circumstances to constitute nuisances so as to• interfere with quiet and comfort, and have been restrained by See also:injunction . Noise occasioned by the frequent repetition of See also:street cries is frequently the subject of See also:local by-See also:laws, which impose penalties for infringement . |
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