barges, lighters, boats, wherries and other vessels, in, through, along and upon the said part of the said river, and ancient and common king's highway there, during all that time, could not, and yet cannot, navigate, sail, row, pass, repass and labour, with ships, &c. upon their lawful and necessary business, affairs and occasions, in, through, along and upon the said part of the said river, and ancient common king's highway there, so safely, and in so convenient and commodious a manner, as of right they ought, and before had been used and accustomed to do, to the great danger, damage and common nuisance of all the liege subjects of our said lord the king, during all the time aforesaid, navigating, sailing, rowing passing, repassing and labouring, with ships, &c. in, through, along and upon the said part of the said river, and ancient and common king's highway there, or having occasion so to do, to the great obstruction of the trade and navigation of and upon the said river, and ancient and common king's highway there, in contempt, &c. to the evil example, &c. and against the peace, &c. INDICTMENTS, &c. FOR NUISANCES NEAR TO HIGHWAYS. keeping which That T. G. late of, &c. yeoman, on, &c. and on divers For knowother days and times, between that day and the day of the ingly taking of this inquisition, unlawfully did keep at large, and an unruly still doth keep at large,* a certain bull, of a very fierce, fu- bull in a rious and unruly nature, in a certain open field called C., situ- field ate, lying, and being at the parish of D., in the said county of through M., (the same field, on the days and times aforesaid, and there was still being, in the possession and occupation of him, the said a public T. G.) and, that from time whereof the memory of man is footway. not to the contrary, there was, and still is, (t) a certain an- (8) cient common and public footway, leading from the town of A., in the parish aforesaid, through and along the said field, towards and unto the town of H., in the same county, used for all the liege subjects of our said lord the king, to pass and repass, in, through, over and along the same, at their free will and pleasure, about their lawful affairs and business. And that the said bull, on, &c., at, &c., furiously ran at, to and against one M. D. a liege subject of our said lord the (8) Cro. C. C. 8th Ed. 310. Cro. C. A. 362. (t) The preferable allegation is, that before and at the time of the committing of the offence hereafter [*642] king, then passing in and along the said footway, in the said field, about his lawful affairs and business; and then and there, with its head and horns, furiously pushed at, cast down and prostrated the said M. D. there, and greatly hurt, bruised, gored and wounded the said M. D. in and upon the left shoulder of her, the said M. D. insomuch that her life was greatly despaired of. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said bull afterwards, to wit, on the said, &c. and on the said other days and times above mentioned, at, &c. so being in the said field, and of such nature as aforesaid, furiously ran at and after divers other liege subjects of our said lord the king, then passing and repassing, in and along the said footway, in the said field there, about their lawful affairs and business, and thereby greatly affrighted, terrified and alarmed the said last mentioned subjects, and divers other liege subjects of our said lord the king, on the days and times aforesaid, having occasion to pass and repass, in and along the said footway, in the said field, could not, nor can they now pass or repass, in and along the same, without great hazard and danger of being torn, gored and wounded by the said bull, (he the said T. G. on the said days and times respectively above mentioned, and long before, and still well knowing (u) the said bull to be of such fierce, furious and unruly nature, and accustomed to run at, and after, and injure persons passing and repassing, over, through and along the said field there,) to the great damage of the said M. D., to the great terror and common nuisance of all the liege subjects of our said lord the king, passing and repassing, in and along the said footway, in [*643] the said field there,* to the evil and pernicious example of all others, in the like case offending, and against the peace,&c. For keepThat W. B. late of, &c. on, &c. and on divers other days ing a furi and times, between that day and the day of the taking of this ous dog inquisition, at, &c. aforesaid, near unto the king's common highway there, unlawfully did keep, and still doth keep, a cerhighway. tain large dog, of a very fierce and furious nature, and the (x) unmuzzle ed near said dog, on the said, &c. and on the said other days and times, at, &c. aforesaid, near unto the said highway there, unlawfully did permit, and suffer, and still doth permit and suffer to go unmuzzled, and at large, (y) by reason whereof the liege subjects of our said lord the king, on the said, &c. at, &c. aforesaid, could not, nor can they now go, return, pass and labour, in and through the said highway there, without (u) As to the scienter see 12 Mod. (x) From Cro. C. C. 311. see another precedent, Burn, J. Dogs. Williams, J. Dogs. (y) Semble that it ought to be alleged, that the Defendant knew of the mischievous propensity of his dog. great hazard and danger of being bit, maimed, and torn by the said dog, and losing their lives, to the great damage, terror, and common nuisance of all the liege subjects of our said lord the king, in, by and through the said highway there, going, returning, passing, repassing and labouring, to the evil example, &c. and against the peace, &c. near the road, That, &c. [describe the highway as ante 576, or 593, and For a nuithen proceed thus.] And the jurors aforesaid, upon their oath sance in aforesaid, do further present, That J. B. late of, &c. upon, keeping a &c. at, &c. aforesaid, was, and long before had been, and ever hounds, pack of since hath been, and yet is possessed of a certain house call- and placed T. house, and of a certain yard to the same house belong- ing carrion ing, which said house and yard are situate, lying and being, at, &c. aforesaid, and are near adjoining to the said public whereby road, and king's common highway, lying and being at, &c. the air was aforesaid. And that the said J. B. being so possessed of the infected. said house and yard, as aforesaid, and well knowing the* (z) [*644] premises aforesaid, but being a person of wicked mind and disposition, and having no regard for the law of this realm, or for the health and welfare of the liege subjects of our said present sovereign lord the king, so going, passing and repassing, in, upon, through and along the said public road, and king's common highway, as aforesaid, &c. on, &c. and upon divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, to wit, at the said house commonly called T. house, and at and within the said yard to the same house belonging and adjoining, and also by and near the said part of the said public road and king's common highway aforesaid, lying and being within, &c. aforesaid, to which the said house and yard are now adjoining as aforesaid, did unlawfully, wilfully and injuriously, keep, and cause and procure to be kept, a great number of dogs and bitches, that is to say, twenty dogs and twenty bitches, and the said several dogs and bitches, he (z) See other Precedents. 1 Burr. 333. 4 Wentw. 213. 224. 225. 6 Wentw. 417. Cro. C. C. 301. 3. 6. 311. Cro. C. A. 365. Starkie, 657 to 661. and post 647. As to nuisances in general, see Bac. Ab. Nuisances. Hawk. b. 1. c. 76. In order to constitute a nuisance by the exercise of trade, &c. it is not necessary that the smell or other inconvenience complained of should be unwholesome; it is sufficient if it impairs the enjoyment of life or property, 1 Burr. 333. And the material increase in a neighbourhood of noisome smells is indictable. Peake, Rep. 91. Second count, for placing carrion by and near the high way, omitting the keeping the dogs. [*645] the said J. B. upon the said, &c., and at and upon the said divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, to wit, at the said house commonly called T. house, and at and within the yard to the said house belonging, and also by and near the said part of the said public road and king's common highway aforesaid, lying and being within, &c. aforesaid, to which the said house and yard are near adjoining as aforesaid, did unlawfully and injuriously feed and cause to be fed with offals, entrails, and pieces of stinking carrion, and dead carcases of beasts and other filth, by reason whereof the air at and near the said part of the said public road and king's common highway aforesaid, lying and being within, &c. aforesaid, to which the said house and yard are near adjoining as aforesaid, upon the said, &c. aforesaid, and at and upon the said divers other days and times between that day and the day of the taking this inquisition, at, &c. aforesaid, was and yet is filled and impregnated with noxious, hurtful, noisome and offensive stinks and smells, to the common nuisance [conclude as post 646, 7.] And the jurors, &c. do further present, that, &c. [State the highway as ante 576, 593.] And the jurors, &c. do further present, that the said J. B. well knowing the premises last aforesaid, but being such person as aforesaid, upon the said, &c., at, &c. aforesaid, was, and long before had been, and ever since hath been, and yet is possessed of a certain house, commonly called T. house, and of a certain yard to the same house belonging, which said last mentioned house and yard are situate and being within the parish of St. M. le B., &c. aforesaid, in the county aforesaid, and are near adjoining to a certain part of the said last mentioned public road and king's common highway, lying and being at, &c. aforesaid, and that he the said J. B. being so possessed of the said last mentioned house and yard, as last aforesaid, upon the said &c., and at and upon divers days and times, between that day and the day of the taking this inquisition, with force and arms, at, &c. aforesaid, that is to say, at the last mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near that part of the said last mentioned public road and king's common highway, lying and being within, &c. aforesaid, to which the said last mentioned house and yard are near adjoining, as last aforesaid, did unlawfully, wilfully and injuriously, lay, place and put, and cause and procure to be laid, placed and put, several quantities of offals, entrails, and pieces of stinking carrion, and dead carcases of beasts and other filth, by reason whereof the air at and near the said part of the said last mentioned public road and king's com that are un defendant mon highway, lying and being within, &c. aforesaid, to which the said last mentioned house and yard are near adjoining as last aforesaid, upon the said, &c. and at and upon the said divers other days and times, between that day and the day of taking this inquisition, at, &c. aforesaid, was, and yet is filled, tainted and impregnated with noxious, hurtful, noisome and offensive stinks and smells, to the common nuisance, &c. [conclusion as 646, 7.] And the jurors, &c. Third do further present, that, &c. [state the highway as ante 576, count, 593.] And the jurors, &c. do further present, that the said certain J. B. upon the said, &c. at, &c. aforesaid, was, and long persons, before had been, and ever since hath been, and yet is pos- whose sessed of a certain house called T. house, and of a certain names yard to the same house belonging, which said last mentioned known, house and yard are situate, lying and being within, &c. afore- placed the said, and are near and adjoining to a certain part of the said carrion, last mentioned public road and common highway, lying and and that being within, &c. aforesaid, in the county of M. aforesaid, suffered it and that the said J. B. being so possessed of the said last to remaiħ. mentioned house and yard, as last aforesaid, certain persons, whose names to the jurors aforesaid are yet unknown, upon the said, &c. and at and upon divers other days and times, between that day and the day of taking this inquisition, with force and arms, at, &c. aforesaid, that is to say, at the last mentioned house, commonly called T. house, and at and within the said yard, to the same house belonging, and also by and near the said part of the last mentioned public road, and king's common highway, lying and being within, &c. aforesaid, to which the said last mentioned house and yard are near adjoining, as last aforesaid, did unlawfully and injuriously lay, place and put, several other quantities of offals and pieces of stinking carrion, and dead carcases of beasts, and other filth; and that the said J. B. well knowing the premises last aforesaid, but being such person as aforesaid, up- [*646] on the said, &c. with force and arms, at, &c. aforesaid, to wit, at the said last mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near the said part of the said last mentioned road and king's common highway, lying and being within, &c. aforesaid, to which the said last mentioned house and yard are near and adjoining, as last aforesaid, several quantities of offals, entrails and pieces of stinking carrion,and dead carcases of beasts and other filth, so as aforesaid, there laid, placed and put by the said persons, whose names to the said jurors are as yet unknown, did unlawfully, wilfully, knowingly and injuriously, permit and suffer, and still doth permit and suffer, there to be and remain, to wit, at, &c. aforesaid, to the common nuiCrim. Law. VOL. III. L |