a common

said, from, &c. aforesaid, at, &c. aforesaid, until the day of way, that the taking this inquisition, unlawfully and injuriously did it became continue, and still doth continue, to the great damage and nuisance, common nuisance of all the liege subjects of our said lord contrary the king, not only thereabouts inhabiting and dwelling, but to the act. (ƒ) also all those subjects in, by and through the same road going, returning, passing and travelling, against the form of the statute, in such case made and provided, in contempt of our said lord the king and his laws, and also against the peace of our said lord the king, his crown and dignity. And Second the jurors, &c. do further present, that on, &c. a certain road count. was erected and made from, &c. across, &c. into, &c. by virtue of, and in pursuance of a certain Act of Parliament, made and passed in the 29th year of the reign of our sovereign lord George the Second, by the grace of God, of Great Britain, &c. entitled, &c. [set out the title of the Act.] And the jurors, &c. do further present, that in and by the aforesaid Act of Parliament it was amongst other things ordained and enacted, that no building should be erected on any new foundation by any proprietor or occupier of lands adjacent to the said new road, within fifty feet of the said road, and that no part of the said new road should be paved, and if any such buildings should be thereafter erected, or any part of such new road should be paved, contrary to the true intent and meaning of such act, the same should be deemed common nuisances. And the jurors, &c. do further present, that H. R. late of, &c. on, &c. was the occupier ofcertain lands adjacent to and within fifty feet of the said road, to wit, of a certain piece of land on the east side of the road, from, &c. across, &c. into, &c. And the jurors, &c. do further present, that the [*652] said H. R. well knowing the premises afterwards, to wit, on the said, &c. at, &c. aforesaid, unlawfully and injuriously did erect and cause to be erected, a certain building on a new foundation, he the said H. R. being occupier of such lands adjacent to the said new road, within fifty feet of the said new road, in contempt, &c. against the form of the statute, &c. and against the peace, &c.

That R. S. late of, &c. on, &c. and on divers other days For laying dung, &c. and times, between that day and the day of taking this inqui- in a public sition, with force and arms, at, &c. aforesaid, to wit, in a market, certain common and public market there, called the Borough whereby market, unlawfully and injuriously did put, place and leave, fected and and caused and procured to be put, placed and left, divers passenlarge quantities of dung and filth, whereby divers noxious gers an

(f) See 4 Wentw. 225. Quære, if the road ought not to be termed a" common and public highway."

(g) This indictment was drawn by a very eminent pleader now at the bar. 1 Stra. 686.

the air in

noyed. (5)

For boiling bullock's

blood for making colours.

(h)

in a build

ed near

and unwholesome smells from the said dung and filth did then and there arise, and thereby the air there became and was greatly corrupted and infected, to the great damage and common nuisance not only of all the liege subjects of our said lord the king inhabiting and residing near the place where the said dung and filth was so put, placed, and left as aforesaid, but also of all other liege subjects of our said lord the king, in, by and through the said market, and near the place aforesaid, going, returning, passing and repassing, and against the peace of our said lord the king, his crown and dignity.

That J. B. late of, &c. on, &c. and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at, &c. aforesaid, in a certain building belonging to the dwelling house of the said J. B. there situate and being, and also near the dwelling houses of divers subjects of our said lord the king, and near divers public streets and common highways there, did unlawfully boil and cause to be boiled, a great quantity of bullock's blood and other filth, for the making and mixing of colours, whereby divers noisome and unwholesome smells, on, &c. aforesaid, and on the said other days and times during the time aforesaid, at, &c. aforesaid, did from thence arise, so that the air there was thereby greatly corrupted and infected, to the great damage and common nuisance of all the liege subjects of our said lord the king, not only there inhabiting and residing, but also going, returning, passing and repassing, through the said streets and highways there, and against the peace, &c.

[*653] [Commencement* as ante 2 vol. 2.] That H. T. late of, Indictment &c. on, &c. with force and arms, at, &c. near divers public for making streets, being the king's common highways there, and also near hartshorn the dwelling houses of divers liege subjects of our said lord ing erect the king, there situate and being, did unlawfully and injuriously, make, erect, and build, and cause and procure public to be made, erected and built, a certain erection or building, streets. (i) for the purpose of making and extracting a certain liquor for erect- called hartshorn, otherwise spirit of hartshorn, from the ing a bones of beasts and other animals, therein, and did unlawfully building, and injuriously make, set up, and place, and cause and propurpose of cure to be made, set up, and placed, in the said building, dimaking vers stoves, furnaces, cauldrons and boilers, to wit, two hartshorn stoves, two furnaces, two cauldrons and two boilers, for the purpose of burning, calcining and boiling, the bones of beasts

First count

&c. for the

therein.

(h) Cro. C. C. 7th Ed. 536, 1 Stra. 686. Leg. Flu. 25, 57.

(i) See Cro. C. C. 8th Ed. 311 1. Stra. 686. Leg. Flu. 25, 57.

and other animals therein, in order to prepare the same for making and extracting the said liquor therefrom, and for the purpose of making and extracting the said liquor therefrom; and that the said H. T. afterwards, to wit, on, &c. aforesaid, and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms at, &c. aforesaid, did unlawfully and injuriously burn, calcine and boil, and cause and procure to be burnt, calcined and boiled, in the said stoves, furnaces, cauldrons, and boilers, respectively, so made, set up, and placed, in the said building as aforesaid, divers large quantities of the bones of beasts and other animals, that is to say, one thousand bushels of the bones of beasts and other animals, for the purpose aforesaid, and did then and there make and extract divers large quantities of the said liquor, that is to say, one hundred gallons of the said liquor, from the said bones of beasts and other animals, so burnt, calcined and boiled, in the said stoves, furnaces, cauldrons and boilers, respectively, as aforesaid, by means of which said premises divers large quantities of noisome, noxious and unwholesome smokes, smells and stenches, on the days and times aforesaid, then and there were emitted, sent forth, and issued from the said building, and the air there, on the days and times aforesaid, was thereby greatly filled and impregnated with many noisome offences, and unwholesome smells, stinks and stenches, and has been corrupted and rendered very insalubrious, to the great damage, &c. [conclusion as post 654.] And the jurors, &c. do further pre- Second sent, that the said H. T. on the said, &c. and continually from count, that that time until the day of the taking of this inquisition, with fendant force and arms, at, &c. aforesaid, a certain erection or build- continued ing, for the purpose* of making and extracting the said liquor a building called hartshorn, otherwise spirits of hartshorn, from the bones and stoves, of beasts and other animals therein, and divers stoves, furnaces, built, &c. cauldrons and boilers, to wit, two stoves, two furnaces, two by persons cauldrons, and two boilers, made, set up, and placed, in the unknown. said last mentioned building, for the purpose of burning, cal- [*654] cining, and boiling, the bones of beasts and other animals therein, in order to prepare the same for making and extracting the said liquor therefrom, and for the purpose of making and extracting the said liquor therefrom, before that time, by certain persons to the jurors aforesaid as yet unknown, near unto divers public streets, being the king's common highways there, and also near the dwelling houses of divers liege subjects of our said lord the king there situate and being, unlawfully made, erected, and built, did unlawfully continue, and yet doth continue, and that the said H. T. afterwards, to wit, on the said, &c. and on divers other days and times between that day and the day of the taking of this inquisition, Crim. Law.

VOL. III.

M

the de

&c. before

For erecting and continu

with force and arms, at, &c. aforesaid, did unlawfully and injuriously burn, calcine and boil, in the said last mentioned stoves, furnaces, cauldrons and boilers, respectively, so unlawfully made, set up, and placed, in the said last mentioned building as aforesaid, divers large quantities of bones of beasts and of other animals, that is to say, one thousand bushels of the bones of beasts and other animals, in order to prepare the same for making and extracting the said liquor called hartshorn, otherwise spirits of hartshorn, therefrom, and for the purpose of making and extracting the said liquor therefrom, and did there, on the days and times last aforesaid, prepare, make and extract, divers large quantities of the said liquor called hartshorn, otherwise spirits of hartshorn, that is to say, one hundred gallons of the said liquor from the said bones of beasts and other animals so burnt, calcined and boiled, in the said last mentioned stoves, furnaces, cauldrons and boilers, respectively, as aforesaid; by means of which said last mentioned premises, divers large quantities of noisome, noxious and unwholesome smokes, smells, and stenches, on the days and times last aforesaid, were emitted, sent forth, and issued from the said last mentioned building, and the air there, on the days and times last aforesaid, was thereby greatly filled and impregnated with many noisome offences and unwholesome smells, stinks and stenches, and was corrupted and rendered wholly insalubrious; to the great damage and common nuisance of all the liege subjects of our said lord the king, not only there inhabiting and residing, but also going, returning and passing through the said streets and highways, and against the peace, &c.

That* A. B. late of, &c. manufacturer of soap, on, &c. with force and arms, at, &c. near to divers public streets, being the king's common highways there, and also near to the ing a soap dwelling-houses of divers liege subjects of our said lord the king, there situate and being, did unlawfully and injuriously make, erect and build, and cause and procure to be made, erected and built, a certain erection or building, for the purpose of making and manufacturing soap therein, and did unlawfully and injuriously make, set up and place, and cause [655] and procure to be made, set up and placed, in the said

manufac tory near an high way and dwelling houses.

(k)

erection or building, divers furnaces, stoves, cauldrons, coppers and boilers, to wit, ten furnaces, twenty stoves, twenty cauldrons, twenty coppers, and twenty boilers, for the purpose of boiling, melting and mixing tallow, soap lees, and other materials, used in the making or manufacturing of soap, and that the said A. B. did, on, &c. aforesaid, and on divers

(k) See procedents ante 641 to 654. 1 Stra. 686. Leg, Flu. 25, 57.

other days and times, between that day and the day of taking this inquisition, at, &c. aforesaid, unlawfully and injuriously boil, melt and mix together, and cause and procure to be boiled, melted and mixed together, in the said furnaces, stoves, cauldrons, coppers and boilers, respectively, so made, set up and placed, in the said erection or building as afore said, divers large quantities of tallow, soap lees, and other materials, used in the making and manufacturing of soap, for the purpose of making and manufacturing the same into soap, and did then and there make and manufacture, and cause and procure to be made and manufactured, divers large quantities of soap from the same tallow, soap lees, and other materials. By reason of which said premises, divers noisome, offensive and unwholesome smokes, vapours, smells and stenches, on the days and times aforesaid, were emitted and issued from the said erection or building, so that the air, on the several days and times aforesaid, at, &c. aforesaid, was thereby greatly filled and impregnated with the said smokes, vapours, smells and stenches, and was rendered, and became and was corrupted, and offensive, uncomfortable and unwholesome, to the great damage and common nuisance of all the liege subjects of our said lord the king, there inhabiting, being and residing, and going, returning and passing through the said streets and highways, and against the peace of our said lord the king, &c. And the jurors, &c. do further present, that the said A. B. on, &c. and continually from count, for that time till the time of taking this inquisition, with force continuand arms, at, &c. a certain other erection or building, for the ing the purpose of* making and manufacturing soap therein, and di- building. vers furnaces, stoves, cauldrons, coppers and boilers, to wit, [*656] ten furnaces, twenty stoves, &c. made, set up and placed in the said last mentioned erection or building, for the purpose of making and manufacturing the said soap before that time, by certain persons to the jurors aforesaid as yet unknown, near unto divers public streets, being the king's common highways there, and also near unto divers houses of many of his majesty's liege subjects, there situate and being, unlawfully made, erected and built, and did unlawfully continue, and yet doth continue; and that the said A. B. on, &c. last aforesaid, at, &c. did unlawfully boil, melt and mix together, in the said last mentioned furnaces respectively, so unlawfully made, erected and built, and set up, in the said last mentioned erection or building as aforesaid, divers large quantities of tallow, soap lees, and other materials, used in making and manufacturing soap: by means of which said last mentioned premises, divers noisome, offensive, and unwholesome smokes, vapours, smells and stenches, on the days and times. last aforesaid, were emitted and issued from the said last

Second