Indictment for

letting off fireworks in a public street. (i)

Offence.

cels which had been conveyed, or were intended to be conveyed, in such waggons, to lie during such time scattered about such public street, to the great hindrance, impediment, and annoyance of all his Majesty's subjects passing and repassing such street, &c. (Second count, that the defendant permitted divers waggons to stand in the said public street and highway, and there to remain before his warehouse for a long and unreasonable time, by which the King's subjects were, during that time, much impeded and obstructed, &c.)

That A. B. late of &c. on &c. at &c. in a certain common and public street and highway there for all the liege subjects of our said Lord the King, on foot, and with their horses, coaches, carts, and carriages, to go, return, ride, pass, and repass, and labour, at their free will and pleasure, wrongfully, unlawfully, and injuriously, did fire certain fire-works, called rockets, serpents, and Roman candles, whereby the said public street and common highway was then and there greatly obstructed, and divers liege subjects of our said Lord the King, then and there standing, being, passing, and repassing, in and along the said last-mentioned public street and common highway, were then and there greatly terrified and put in great peril and danger of bodily harm, and could not then go, return, pass, and repass, on foot, and with their horses, coaches, carts, and carriages, in and along the said last-mentioned public street and common highway, as they ought to have done, and had been used and accustomed to do, and otherwise might and would have done, to the great terror, alarm, danger, and common nuisance of all the liege subjects of our said Lord the King, in and near the said public street and highway inhabiting and residing, and of all other the liege subjects of our said Lord the King there standing, being, and passing, in contempt of our said Lord the King and his laws, to the evil example, &c. and against the peace, &c. and against the form of the statute, &c.

3. Nuisances in carrying on unwholesome or pernicious trades or avocations.-Any trade, however innocent in itself, and useful in its objects, which is carried on in an improper place, to the injury of the health or quiet of a neighbourhood, is a nuisance. And if the effect be, as by the stench produced in a manufactory, not to render the adjacent places of residence absolutely unwholesome, but to make the comfortable enjoyment of life and property impossible to a number of persons, the same liability will be

(i) The 9 and 10 Wm. 3. c. 7. provides specific penalties for this offence, to be levied by distress after summary conviction by a justice; yet, by the first section, the offence is declared to be a common nuisance; therefore it may be indicted as such either at common law, or under the statute. 4 T. R. 202. The making, selling, throwing, or permitting to be thrown from any house; or making, or selling any moulds for making, or aiding in making any fireworks, are all declared to be offences by the different sections of the

statute.

incurred. (j) But, where health is not affected, the public good resulting from an establishment in some respects offensive may be taken into consideration by the jury in determining whether, on the whole, it ought to be sup pressed as a nuisance to his Majesty's subjects. (k)

The open carrying on of scandalous or immoral trades, or keeping indecent brothels, gaming houses, and disorderly places of resort of any kind, is an indictable nuisance; and in the case of brothels and gaming houses, now subjects the parties offending to the punishment of hard labour. (1) And these are offences of which a married woman may be indicted, either separately or jointly with her husband. (m) If a person, being only a lodger, and having only a single room, make use of it for purpose of open and flagrant immorality, so as to annoy the neighbours, the occupier may be indicted for keeping a bawdy house, as if the whole house were so tenanted. (n) But an indictment cannot be sustained against a woman for being a common bawd, and inducing parties to meet and commit fornication, for the bare solicitation of chastity is not an offence at common law, but punishable in the ecclesiastical courts. (0)

The making great noises in the night time; (p) exposing persons infected with contagious or loathsome diseases in public; (g) and keeping ferocious animals without proper controul, (r) are indictable nuisances.

Indictments.

That A. B. late of &c. on &c. and on divers days and times be- Indictment for tween that day and the taking of this inquisition, at &c. in a certain carrying on the workshop there situate, near the dwelling-houses of divers subjects trade of a trunkof our Lord the King, and also divers public King's highways, there maker near to unlawfully and injuriously did set up, exercise, and carry on the houses so as to trade and business of a trunk-maker, and on &c. and on the other become a nuidays and times aforesaid, there, at early hours in the morning and in the day time, and at late hours of the nights of the days aforesaid, unlawfully and injuriously did make, and did cause and procure to be made, divers loud and annoying sounds and noises, by then and there hammering and striking, and causing and procuring to be hammered and stricken, divers trunks and boxes made of wood,

sance.

Indictment for keeping a disorderly house for fighting cocks, &c. (s)

Indictment

against a person for keeping a gaming-house and a billiard

table. (t)

iron, and copper, and divers pieces of wood, tin, brass, copper, iron, and other metals, with divers large hammers and other instruments made of wood and iron, by reason whereof the said subjects of our said Lord the King residing in the said dwelling-houses near to the said workshop, on the several days and times aforesaid, were and still are greatly annoyed, disturbed, and incommoded in the use, occupation, and enjoyment of their said dwelling-houses, and greatly interrupted in the exercise and pursuit of their lawful businesses and transactions, and deprived of their natural sleep and rest, and rendered and made in other respects uncomfortable, and thereby also the subjects of our said Lord the King, in, and through, and along the common highway aforesaid, passing, repassing, and travelling, were and are greatly annoyed and disturbed, to the great damage, &c. and against the peace, &c.

That P. Q. late of &c. and R. S. 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 the parish aforesaid, in the county aforesaid, did keep and maintain, and yet do keep and maintain, a certain common ill-governed and disorderly house, and in the said house, for their own lucre and profit, certain evil and illdisposed persons of ill name and fame, and of dishonest conversation, to frequent and come together, then, and the said other days and times, there unlawfully and wilfully did cause and procure, and the said persons in the said house then, and the said other days and times there to be and remain, fighting of cocks, boxing, playing at cudgels, and misbehaving themselves, unlawfully and wilfully did permit, and yet doth permit, to the great damage and common nuisance, &c. and against the peace, &c.

That M. M. 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. a certain common gaming house there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the same common gaming house, on &c. aforesaid, and on the said divers other days and times, there unlawfully and injuriously did cause and procure divers idle and ill-disposed persons to frequent and come together to game and play, and the same idle and illdisposed persons to be and remain in the said common gaming house, and to game and play together, on &c. aforesaid, at &c. and on the said other days and times there did unlawfully and injuriously procure, permit, and suffer, by means whereof divers noises, disturbances, and breaches of the peace of our said Lord the King, then, and on the said other days and times, were there occasioned and committed, to the great damage and common nuisance of all the liege

(s) Cockfighting is in itself an illegal pastime, and an indictment will lie for it; Squires v. Whisken, 3 Campb. 148; the King v. Higginson, 3 Burr. R. 1233.

(t) Keeping the house for the specified purpose is the offence, and therefore, like keeping a bawdy house, general evidence will support an indictment; J'Anson v. Stewart, 1 T. R. 754.

subjects of our said Lord the King, and against the peace, &c.

(Second count like the first, only saying, “ a certain common gaming Second count. room in a certain house.")

And the jurors, &c. that the said M. M. on &c. and on divers Third count. other days and times between that day and the said, &c. with force and arms, at &c. aforesaid, a certain other gaming house there situate, unlawfully and injuriously did keep and maintain, for the gaming and playing at a certain and unlawful game with dice called hazard, (u) and in the said last-mentioned common gaming-house, on the said day of in the year aforesaid, and on the said last-mentioned days and times, there unlawfully and unjustly did cause, procure, permit, and suffer divers idle and ill-disposed persons to frequent and come together to game and play together at the said unlawful game called hazard, and the said last-mentioned idle and ill-disposed persons to be and remain in the said last-mentioned common gaming house, and to game and play together at the said unlawful game called hazard, on the said, &c. and on the said lastmentioned other days and times there did unlawfully and injuriously procure, permit, and suffer the said last-mentioned persons, in the said last-mentioned common gaming house there, on the said, &c. and on the said other days and times, by such last-mentioned pro curements, permission, and sufferance of the said M. M. did game and play together at the said unlawful game called, &c. to the great

danger, &c. (as in first count.) (Fourth count like the third, saying, Fourth count. common gaming room," &c. as in the second.)

66

That T. D. late of &c. on &c. and on divers other days and Indictment for times, between that day and the day of the taking of this inquisition, boiling bullock's with force and arms, at &c. aforesaid, in a certain building belong- blood for ing to the dwelling-house of the said J. B. there situate and being, making colours and also near the dwelling-house of divers subjects of our said Lord near to public the King, and near divers public streets and common highways ways. (v) 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 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, against the peace, &c.

That T. D. late of &c. on &c. with force and arms, at &c. Indictment for near the dwelling-houses of divers liege subjects of our said Lord erecting a fur

(u) See stat. 33 Hen. 8. c. 9; 1 Hawk. c. 92; and 42 Geo. 3. c. 119. respecting Little Goes.

(v) See ante, p. 282. It is said the material increase in a neighbourhood of noisome smells is indictable; Peake, 291. If the prosecutor be one of the persons whose comfort the annoyance particularly affected, he will be entitled to his costs as a party grieved, under 5 W. and M. c. 11. s. 3. 16.

nace with a

boiler, and using Lord the King there, and also near divers streets and common highit for the boiling ways there, did unlawfully and injuriously erect and set up, and of tripe and offal cause to be erected and set up a certain furnace, with a boiler, to

of beasts.

Indictment for

be used for boiling of tripe, and other entrails, and offal of beasts, and that the said T. D. on the said, &c. and on divers other days and times between that day and the day of the taking of this inquisition, at &c. aforesaid, divers large quantities of tripe and other entrails, and offal of beasts, in the said boiler, unlawfully and injuriously did boil, whereby divers noisome and unwholesome smokes and smells did then, and on the said other days and times, from thence there arise, so that the air there was greatly corrupted and infected, to the great damage and common nuisance of all the liege subjects of our said Lord the King, not only near the same place inhabiting and residing, but also in and through the said common streets and highways going, returning, passing, and repassing, and against the peace, &c.

That P. Q. late of &c. on &c. and at divers other days and using a shop in a times then before at &c, in a certain shop of him the said P. Q. market as a situate and being in a common market place called the shambles, slaughter house the said market being a common passage for all the subjects of our for killing sheep said Lord the King, with their goods, chattels, and merchandizes,

and calves.

to go, return, pass, and repass, at their free will and pleasure, did unlawfully and injuriously kill and slay, and cause to be killed and slain, six sheep and two calves, and the excrements, blood, entrails, and other filth, coming from the said sheep and calves, did then and on the said other days and times respectively, there cause and permit to lie and remain in the said shop for a long time, to wit, for the space of six hours on each of those days, whereby divers filthy and unwholesome smells and stenches from the excrement, blood, entrails, and other filth, coming from the sheep and calves aforesaid, then and on the said other days and times respectively, there did arise, and the air there was thereby greatly corrupted and infected, to the great damage and common nuisance not only of all the liege subjects of our said Lord the King near there inhabiting and dwelling, but also of all other the liege subjects of our said Lord the King, in, by, and through, the said common market and passage, going, returning, passing, repassing, and labouring, and against the peace, &c.

Indictment for

That B. B. late of &c. on &c. and on divers other days and laying dung near times between that day and the day of the taking of this inquisition, a public street, with force and arms, at &c. aforesaid, to wit, in a certain common whereby the air and public highway there, called Bishop's Wharf, unlawfully and was infected and injuriously did put, place, and leave, and caused and procured inhabitants an- to be put, placed, and left, divers large quantities of dung and noyed. (w)

(w) Length of time, it is universally allowed, will not justify a nuisance under any circumstances, 1 Russ. C. and M. 305. But length of time, accompanied by particular circumstances of public convenience of one kind, opposed to the public inconvenience of another, will sometimes go a great way in making both judges and jurors very loth to convict. One case is instanced in the King v.