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Coal and iron are abundantly distributed ; of the former, nearly 1,000,000 tons are annually raised. Of the entire area of the colony, 10,000,000 acres are considered good land, and of these 1.028,032 acres were under cultivation. Three-fourths of the whole area are comprised in the peninsula of Nova Scotia, and the remainder in the island of Cape Breton. The principal agricultural products are: hay, wheat, barley, buckwheat, oats, rye, Indian corn, potatoes, and turnips. The waters around the colony abound in fish, as mackerel, shad, herring, salmon, etc., and the fisheries are pursued with ardor and ever-increasing

One half of the exported produce, 1882, was from the fisheries ; total value nearly £887,472 ; of which the U. S. received £270,754. The value of dry salted cod. fish, alone, was about £532, 223. In 1881 the imports amounted to £8,000,000, the exports to £8,250,000. The number of vessels that arrived in Nova Scotia during the year ending June 30, 1874, was 4,424, of 959,114 tons, and the number that departed 3,752, of 881,263 tons. There are in the colony 1150 m. of telegraph, and 300 m. of railway. It is provided with 5 colleges, 10 academies, 1700 other schools ; 50 newspapers, etc.

Nova Scotia is supposed to have been visited and “discovered” by the Cabots in 1497. Its first colonists were a number of Frenchmen, who established themselves here in 1604, but were afterwards expelled by settlers from Virginia, who claimed the country by right of discovery. Under the French settlers it bore the name of Acadia (Acadie); but its name was changed for its present one in 1621, when a grant of the peninsula was obtained from James I. by sir William Alexander, whose intention was to colonize the whole country. Having found; however, that the localities they had fixed upon as suitable for settlement were already occupied, the colonists returned to the mother-country. In 1654 the French, who had regained a footing in the colony, were subdued by a force sent out by Cromwell. By the treaty of Breda, the country was ceded to the French in 1667, but it was restored to the English in 1713. After the middle of the 18th c., strenuous efforts were made to advance the interests of the colony. Settlers were sent out at the expense of the British government. The French, who had joined the Indians in hostilities against the English, were either expelled or completely mastered, and Cape Breton, which was French till 1763, and was subsequently a separate province, was united to Nova Scotia in 1819. Nova Scotia was incorporated with the Dominion of Canada in 1867, and is represented in the Canadian parliament by 12 senators, and 20 members of the lower house. It has also its own local legislature and lieutenant-governor; the legislature consisting of a council and a house of assembly elected by the counties—which are 18 in number—and the cities, the chief of which are Halifax, Yarmouth, Truro, and Pictou.

NOVA'TIAN, a priest of the Roman church in the 3d c., and the leader of a sect called after his name. The place and time of his birth are not known with certainty. Novatian had been a stoic philosopher, but after his arrival in Rome was converted to Christianity, and being seized with sudden illness while still a catechumen, received what was called clinical baptism, that is, baptism administered on a sick-bed, and without the solemn ceremonial. Such baptism was, in ordinary circumstances, an impediment to holy orders. Notwithstanding this irregular baptism, Novatian was promoted to orders by Fabian the Roman bishop; and soon afterwards showed his weakness by flying during a persecution. At this time a controversy arose about the manner of dealing with the lapsed; that is, those who fell away in persecution. Novatian at first inclined to the milder side, but on the election of Cornelius to the Roman bishopric to which Novatian had aspired, and on Cornelius taking the indulgent course toward the lapsed, Novatian, together with Novatus and some other discontented priests of Carthage, opposed his authority, and eventually Novatian was chosen by a small party, and actually ordained bishop, in opposition to Cornelius. The party who espoused his cause was called by his name. They were confined mainly, in the first instance, to Rome and to Carthage, where a kindred conflict had arisen. They held that in the grievous crime of idolatry through fear of persecution, the church had ňo power to absolve the penitent: and therefore, although it does not appear that they excluded such sinners from all hope of heaven, yet they denied the lawfulness of re-admitting them to the communion of the church. This doctrine they extended at a later period to all grievous sins, of whatever character. Novatian may thus be regarded as the first antipope. The churches throughout Italy, Africa, and the East adhered to Cornelius; but the Novatian party set up bishops and established churches not only at Carthage, but at Constantinople, Alexandria, Nicomedia, Phrygia, Gaul, Spain, and elsewhere. They claimed for themselves a character of especial purity, and assumed the appellation of Cathari (Puritans). The time and manner of the death of Novatian is uncertain. According to Socrates (Hist. Ecc. iv. 28; v. 21; vii. 5, 12, 25), he died a martyr in the persecution of Valerian, but this is improbable. He was a man of considerable learning, and the work recently discovered in one of the monasteries of mount Athos, and published by Mr. Miller at Oxford in 1851, under the title of Origenis Philosophumena, is by some ascribed to him. His sect survived long after his death. An unsuccessful effort was made in the council of Nice to re-unite them to the church; and traces of them are still discoverable in the end of the 6th century.

NOVATION, in law, the extinguishment of an old obligation by the substitution of a new. The civil law distinguished 3 kinds of novation: 1. Where a-new debt is substituted,

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due by the same debtor to the same creditor, but with changed terms of payment. 2. Where a substituted new debtor assumes the old debt. This kind of novation is called delegatio, and differs from the other kinds in that it may be completed without the knowledge of the original debtor. It can be created by an assignment, by the debtor, of the debt to another person who agrees to become responsible for the debt, and whom the creditor agrees to accept in place of the original debtor. When the novation takes place without the action of the original debtor, the transaction is called ex promissio, and the accepted new debtor ex-promissor. 3. Where the old debt is made payable to a new creditor. This is also called delegatio, and requires the consent of all parties. A novation was not a matter of legal presumption, but an intent to innovate, animus norandi, must be distinctly shown. In the absence of proof of such intent to extinguish the old debt, the debtor is liable for that, and also liable under the new obligation. There must have been a precedent obligation, the place of which can be taken by the new. The new obli. gation is subject to the same conditions, if any, as the old one, and if the old be void, as against good morals, the new one will be void also; but otherwise, at least in some cases, where the old debt was merely voidable—the new promise being considered as a waiver of any disability which might have been a good defense. A consent by parties capable of consenting, is requisite to the validity of a novation, though the older civil

w recognized a sort of involuntary novation. All obligations are subject to novation, 80 that debts by specialty, warranties, legacies, etc., are as capable of novation as debts by simple contract. But it has been held in New York, that an agreement by the obligee in a bond, not to sue the obligor within a certain time, is not a novation, but a covenant, for breach of which the usual action lies. A new debtor has no rights under the old obligation, nor have the creditors any remedy against the old debtor, though the latter be solvent, and the new debtor insolvent. A novation may be conditional, in which case the old obligation subsists, till the condition takes place. All liens attached to the original debt are extinguished by its extinction, unless expressly retained by the new contract; and in an action upon the new contract, no claims or set-offs between the parties to the old contracts can be set up in defense by the new parties. A single creditor may make a contract of novation with two or more debtors, all individually liable. The term novation, in the common law, is much less used than assigument and merger. With some differences, common law and civil law novation are in the main alike. There must have been an original and now extinguished debt, whose cancellation forms the consideration for the new contract, which alone can be the subject of the action. A simple agreement to change the contract is not sufficient; the change must be ratified by the parties, and actually carried into effect. As in the modern civil law, the consent of the debtor is necessary to the novation, and the substitution of a new creditor, nor can the latter, in the absence of such consent and privity, recover against the debtor. There is no privity of contract between them, and to recover, the creditor must show such privity by setting forth a new promise upon sufficient consideration. In equity, however, a debt may be assigned without the debtor's consent, and the assignee can maintain a suit in his own name. Butat law, in the absence of consent or consideration, the assignee cannot sue for the debt in his own name, and in a suit upon it, all set-offs, accounts, or equitable defenses, which could be pleaded by the debtor against the original creditor, may be used. The extinction of the original debt is in itself a sufficient consideration, and no consideration need be stated in the new contract, though one must be proved to constitute a valid defense to a suit by creditors of the assignor. The most usual case of novation in modern law, is the substitution of a new bill of exchange, or promissory note for an old one surrendered and extinguished. Wherever an intention is shown to make the new note or bill an abso. lute payment, it will be so held. In Maine, Vermont, Massachusetts, and some other states, the receipt of a negotiable promissory note or bill is prima facie evidence of payment of the debt, and it is held in Louisiana, that the receipt by the creditor for a draft in payment of the account constitutes a novation. The general rule, however, in England and in this country is that the receipt of a promissory note does not make a novation, but is merely prima facie evidence of a conditional payment, made absolute payment by the occurrence of the condition, i.e., the payment of the note.

NOVA ZEMBLA (Russ. Novaja Zemlja, new land "), the name given to a chain of islands lying in the Arctic ocean (lat. between 70° 30' and 76° 30' n., and long. between 52° and 66° e.), and included within the government of Archangel. Length of the chain, 470 m.; average breadth, 56 miles. The most southern island is specially called Nova Zembla; of the others the principal are Matthew's land and Lütke's land. They were discovered in 1553, and are wild, rocky, and desolate—the vegetation being chiefly moss, lichens, and a few shrubs. The highest point in the chain is 3,475 ft. above the level of the sea.

Mean temperature in summer at the southern extremity, 35.51°; in winter, 3.21o. Nova Zembla has no permanent inhabitants, but as the coasts swarm with whales and walruses, and the interior with bears, reindeers, and foxes, they are periodically frequented by fishermen and hunters.

NOVELDA, a t. of Spain, in the province of Alicante, and 18 m. w. from Alicante, on the railway between Madrid and Alicante. There are corn and oil mills, brandy distilleries, and manufactures of lace. Pop. 8,802.

NOVELLE. See JUSTINIAN.

NOVELLO, CLARA, a distinguished vocalist, daughter of the following, was b. in 1818. Her talent showed itself very early. At the age of 10 she became a pupil of the French academy of singing for church-music, and studied in Paris for several years, following up her studies in after years in Italy and Germany. Both in England and in Italy she created quite a furore from the year 1840 to 1848: her singing has indeed hardly ever been equaled in equality, flexibility, and executive skill. In 1848 she married count Gigliucci, and quitted the stage, returning to it, however, for a time from 1850 to 1860.

NOVELLO, VINCENT, an eminent musical performer and composer, was b. in London, of an Italian father and English mother, in 1781. At the age of 16 he was organist in the chapel of the Portuguese ernbassy ; and even then had attained a large measure of that proficiency on the organ for which he was celebrated in later life. He was one of the founders of the Philharmonic society. His musical compositions, which are very numerous, and chiefly sacred, are considered to have contributed much to the improvement of cathedral music. As a pains-taking editor of unpublished works of eminent musicians, he has also done great service to musical literature. He died at Nice in 1861.

*NOVELS. The novel and the so-called romance, inasmuch as they constantly merge in one another, and are only superficially distinguished by the preponderance in the one of ordinary and familiar incidents, in the other of incident more or less remote and marvelous, may conveniently be included here under the common definition of prose narrative fiction. Between the legendary epic, the drama into which portions of its available material from fluent become crystallized, and the wider prose fiction or novel, into which this again expands itself, there are obvious affinities, the distinctions being rather of form than of essence. It is of the later development, the novel, that we purpose to give here a historical sketch, omitting, however, any consideration of the remoter and but slightly known specimens produced in Hindustan and China.

1. Ancient Classical Prose Fiction.—The earliest Greek compositions of a fictitious character, of which we possess any knowledge, are the Milesiaca, or Milesian Tales, said to have been written chiefly by one Aristides. The Milesians were a colony of Ionic Greeks who settled in Asia Minor, and fell under the dominion of the Persians, 494 B.C. They were a voluptuous, brilliant, and inventive race, and are supposed to have caught from their eastern masters, whom they somewhat resembled, a liking for that particularly oriental species of literature—the imaginary story or narrative. None of the Milesian tales are extant, either in the original Greek or in the Latin version made by Sisenna, the Roman historian, about the time of Marius and Sulla; but we have some forty stories by Parthenius Nicæas, which are considered to be to a certain extent adaptations from them. The collection of Parthenius is entitled Peri Erotikon Pathēmatōn, and is dedicated to Cornelius Gallus, the Latin poet, and the contemporary and friend of Virgil. If we may judge from this later set of fictions, which are mainly concerned with the description of all sorts of seduction, of criminal and incestuous passions, and of deplorable terminations to wretched lives, we have little cause, either morally or æsthetically, to regret the loss of their more famous prototypes. In Greece proper nothing was done, so far as we know, in the way of novel or romance until after the age of Alexander the great. It has been conjectured, not improbably, that his eastern conquests had a potent effect in giving this new bent to the fancy of his countrymen. Clearchus, a disciple of Aristotle, wrote a history of fictitious love-adventures, and is thus, perhaps, to be considered the first European Greek novelist, and the first of the long series of erotikoi, who reach down to the 13th c. after Christ. Not long after came Antonius Diogenes, whose romance, in 24 books, entitled Ta hyper Thoulen Apista (of the incredible things beyond Thule), was founded on the wanderings, adventures, and loves of Dinias and Dercyllis. It appears to have been held in high esteem, and was at least useful as a store-house, whence later writers, such as Achilles Tatius, derived materials for their more artistic fictions. The work has not been preserved, but Photius gives an outline of its contents in his Bibliotheca Cod.

A long interval, embracing, indeed, several centuries, now elapses before we come upon another Greek novelist or romancist. Be the cause of this what it may, the everincreasing luxury and depravity of the pagan imperial world, combined to develop and intensify that morbid craving for horrible, magical, and supernatural incidents which in general fill the pages of the romancists of the empire. The first names that occur in the new series are Lucius of Patra (Patrensis) and Lucian (q.v.), who flourished in the ad c. A.D., during the reign of Marcus Antoninus; but as the former simply collected accounts of magical transformations (metamorphoses), he is perhaps not to be regarded as a novelist proper at all; while the latter was really a humorist, satirist, and moralist in the guise of a story-teller-in a word, a classic Rabelais and Heine, and as far as possible from being a member of the wonder-loving school of erotics, with whom he has only an accidental connection by the external form of some of his writings. The first of the new series of romance writers, strictly so called, is properly Iamblichus (not the Neoplatonic philosopher), whose Babylonica is, indeed, no longer extant; but we are able to form a pretty just estimate of it from the epitome of Photius. The next notable name is that of Heliodorus (q.v.), bishop of Trikka, who flourished in the 4th c. A.D. This Christian writer, whose Lodes of Theagenes and Charicleia is really the oldest extant erotic romance, has

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