keep, maintain, and continue, and still do keep, maintain, and continue, whereby the said common and public highway, during the time aforesaid, hath been and yet is obstructed and stopped up, so that the good citizens of this commonwealth during all that time, have been and yet are obstructed and hindered in going and returning, passing and repassing, riding and laboring, on foot and on horseback, with their cattle and carriages, at their free will and pleasure, in and along the said common and public highway, as they had been used and accustomed to do; to the great damage and common nuisance of all the good citizens of this commonwealth in and along the said public and common highway going, returning, passing, repassing, riding, and laboring, on foot and on horseback, and with cattle and carriages, etc. (Conclude as in prior counts.)

(691) For erecting a wooden building on public square of a village in Vermont.(u)

That A. B., etc., on, etc., with force and arms, at, etc., did unlawfully and injuriously, in and upon a certain public square, and in the common highway there, called the public square, situate in the village of St. A., in the county of F., lying east of and adjoining the stage road leading through the village of St. A., put, place, and set up, and caused to be put, placed, and set up, one large wooden building, forty feet and upwards in length, and thirty feet and upwards in breadth; and the said building so as aforesaid put, placed, and set up in and upon the aforesaid public square and common highway, he the said A. B., upon and from the said twenty-eighth day of May, A. D. one thousand eight hundred and twenty-eight, till the present time, with force and arms, unlawfully and injuriously hath upheld, maintained, and continued, and still doth uphold, maintain, and continue, whereby the said public square and common highway, on, etc., and during all that time, was and has been greatly obstructed, narrowed, and straitened, so that the citizens of this state, in and upon and through said public square and common highway, all that time could not, nor can now go, return, pass, and repass as they ought and were accustomed to do; to the great damage

(u) State v. Wilkinson, 2 Vt. 480.

and nuisance of all the citizens of this state going and returning, passing and repassing, in and upon and through the said public square and common highway, and against, etc. (Conclude as in book 1, chapter 3.)

(692) For throwing dirt upon a public lot.(v)

That A. B., late of, etc., yeoman, on, etc., and from that day until the taking of this inquisition, at, etc., with force and arms, etc., unlawfully and obstinately did place, put, and keep, and caused to be placed, put, and kept, on a certain lot or piece of ground situate, lying, and being at the corners of Spruce, Front, and Dock streets, in the said city, and near and adjoining to the public streets and highways, to wit, Spruce, Front, and Dock streets, in the said city, and also near the dwelling-houses of divers citizens of this commonwealth, certain large quantities, to wit, one hundred cartloads, of filth, dung, manure, dirt, excrement, and scrapings from the surface of the wharves, gutters, and streets in the said city, whereupon divers fetid, noisome, hurtful, pernicious, and unwholesome smells, on the days and times. aforesaid, did and still do arise and proceed, whereby the air there was and still is corrupted, fetid, and infected, and the healths of the liege citizens of this commonwealth there inhabiting, residing, and passing have been and still are endangered and impaired, to the great damage and common nuisance of all citizens of this commonwealth there inhabiting, residing, and passing, to the evil example, etc., against, etc. (Conclude as in book 1, chapter 3.)

(693) For stopping an ancient watercourse, whereby the water overflowed the adjoining highway, and damaged the same.(w)

That P. Q., late of, etc., on, etc., with force and arms, at, etc., a certain ancient watercourse adjoining to a common public highway, within the same parish, leading from the said town of B., in the county aforesaid, towards and into the city of G., in the county of G. aforesaid, with gravel and other materials, unlawfully and injuriously did obstruct and stop up, and the said

(v) This indictment was framed in 1810, by P. A. Browne, Esq., then prosecuting attorney in Philadelphia. See for another form for same, 696.

(w) Dickinson's Q. S. 6th ed. 419.

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watercourse so as aforesaid obstructed and stopped up, from, etc., aforesaid, until the day of the taking of this inquisition, at, etc., aforesaid, unlawfully and injuriously did continue, by reason whereof the rain and waters that were wont and ought to flow and pass through the said watercourse, on the same day and year aforesaid, and on divers other days and times afterwards, between that day and the day of the taking of this inquisition, did overflow and remain in the said common highway there, and thereby the same was and yet is greatly hurt, damaged, impaired, and spoiled, so that the good people of the said state, through the same way, with their horses, coaches, carts, and carriages, then and on the said other days and times could not, nor yet can go, return, pass, repass, ride, and labor, as they ought and were wont to do; to the great damage and common nuisance of all the good people of the said state through the same highway going, returning, passing, repassing, riding, and laboring, and against, etc. (Conclude as in book 1, chapter 3.)

(694) For diverting a watercourse running into a public pond or

to

reservoir.(w')

That from time whereof, etc, there has been and still is a common watercourse, near a certain place called F., within the parish of B., in the said county of L., which continually during all the said time, at all times of the year, hath run and been used, and accustomed and of right ought, without any obstruction or impediment, to run out of a certain place called the Great Wash, situate and being in the parish of S., in the county aforesaid, into and along the common highway there, leading from and into a certain pond and reservoir, in the said common highway there, and from the said pond and reservoir into the lands of H. D., at which said watercourse, pond, and reservoir, the inhabitants of the said parish of B., and all other the citizens of the said state, in and through the said common highway passing and repassing, all the said time have used, and of right been accustomed to water their horses and other cattle at their free will and pleasure. And the jurors, etc., present, that P. Q., late of, etc., on, etc., at, etc., aforesaid, in and across the said watercourse, in the said

(w') Dickinson's Q. S. 6th ed. 420.

highway there, a certain mound, bank, or dam did then and there make, erect, and build, and the same did raise so high, that the said water in its said ancient course was obstructed, and into the said pond and reservoir did not run as it was used and accustomed and ought to do, so that the inhabitants of the said. parish, and all other the said citizens of the said realm, in and through the said common highway passing and repassing, were and still are deprived of the use of the said pond and reservoir of water for their cattle, and hindered from enjoying the same as they ought and were wont to do; to the great damage and common nuisance, not only of all the inhabitants of the said parish of B., but of all other the citizens of the said state, in and through the said common highway passing and going, and against, etc. (Conclude as in book 1, chapter 3.)

(695) For obstructing a watercourse called Pegg's Run.(x)

That S. G., late of, etc., yeoman, on, etc., at, etc., unlawfully and injuriously did put and place divers quantities of earth, gravel, and other materials on a piece of land adjoining the public highway, and near a certain ancient watercourse called Pegg's run, there being, and the same from the year and day aforesaid, to the day of taking this inquisition, did and yet doth injuriously and unlawfully continue, by reason whereof the rain and waters which were wont and ought to flow and pass to and through the same watercourse, on the said first mentioned day and year, and at divers other days and times afterwards between that day and the taking of this inquisition, did overflow and remain on the said piece of ground, and then and there, and at the said days and times, did become stagnant, putrid, and noxious, from whence unwholesome damps, fogs, and smells did arise, whereby the air was greatly corrupted and in

(r) Framed by Mr. Bradford in 1714. "Pegg's run [obliterated] ran a course which is now mainly occupied by Willow street. One branch commenced at Fairmount avenue west of Fifteenth street, and then ran southeast nearly to Vine; thence northeast above Callowhill street and east of Tenth, where it was joined by a branch which rose west of Eleventh street between Green street and Fairmount avenue. The united streams flowed eastwardly to the Delaware. This creek was called Cohoquinoque in a patent to Jurian Hartsfelder for the whole of the Northern Liberties in 1678. It was called Pegg's run after Daniel Pegg, an Englishman, who was the purchaser of Hartsfelder's land. On Scull and Heap's map it is called Cohoquenoque; on Hill's Cohoquinoque." Ledger Almanac, 1879.

fected, to the great damage and common nuisance of the liege citizens of this commonwealth dwelling thereabouts, and all others passing and repassing on the said highway and near the said stagnant waters, and against, etc. (Conclude as in book 1, chapter 3.)

Second count.

That the said S., on, etc., at, etc., unlawfully and injuriously a certain ancient watercourse called Pegg's run, with earth, gravel, and other materials did obstruct and stop up, by reason whereof the rains and waters that used to flow through the same watercourse did overflow the adjacent lands, and remain and become putrid, stagnant, and noxious, and did send forth unwholesome and infectious damps, fogs, and smells, whereby the air was greatly corrupted and infected, to the great damage, etc., and against, etc. (Conclude as in book 1, chapter 3.)

(696) For permitting waters of a mill to overflow.(y)

That A. B., etc., being possessed of a certain mill and mill-dam with their appurtenances, situate near and adjacent to a certain common highway and public road, and the dwelling-houses of divers of the good citizens of this commonwealth, did, on, etc., and on divers days before and since, unlawfully and injuriously permit the water of the mill-pond to overflow the adjacent lands, as well of others as his own, and also the public road or highway, by means whereof the land so overflowed was rendered and kept marshy, and filled and covered with noxious weeds and putrid vegetation, whereby the air became corrupted and infected, to the great damage and common nuisance, etc.

(697) For obstructing an ancient watercourse, whereby a public highway was overflowed and spoiled.(z)

That P. A., late of, etc., yeoman, on, etc., at, etc., a certain ancient watercourse called the Raystown branch of Juniata, and a certain other ancient watercourse called Danning's creek, which

(y) This count was sustained in Virginia, on demurrer, in Stephen v. Com., 2 Lehigh, 759. See supra, 693.

(z) R. v. Arnold, 3 Yeates, 417. This indictment was sustained by Yeates and Smith, Justices, at a circuit court in Bedford, 1802. It was held that it was not necessary to state how far in length or breadth the water stood on the road. See supra, 693.