keep, and still keep and maintain in a certain house, and then and there on the day and year aforesaid, at aforesaid, unlawfully and injuriously (negligently and improvidently), in the said houses did receive and keep, and still keep, fifty barrels of gunpowder (the said house being then and there insecure and unfit for the reception and detention of gunpowder as aforesaid), whereby divers good citizens there residing and passing, are in great danger, to the damage and common nuisance of, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(711) For keeping hogs in a city. First count, placing hogs in a certain messuage, &c., and feeding them, so as to generate a stench, &c.(i)

That E. V., late of, &c., on, &c., at, &c., near to divers public streets, being the common highways of the said commonwealth, and also to the dwelling-houses of divers citizens of the said commonwealth then and there situate, did unlawfully and without sufficient cause, place in a certain messuage or tenement, and in the appurtenances thereto, a great number of hogs, to wit, one thousand, and the said hogs then and there, to wit, on the said first day of March as aforesaid, and on divers other times and seasons, unlawfully and injuriously did feed and cause to be fed with the offals and entrails of beasts and other filth, by means whereof divers noisome and unwholesome smells and stenches during the time aforesaid, and large quantities of noxious and unwholesome smokes and vapors on the days and times aforesaid, then and there were emitted, sent forth and issued from the same building; and the air in the neighborhood thereof and for a great distance round, 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 and common nuisance, &c., to the evil example, &c., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(712) Second count. Keeping hogs near the dwelling-houses of divers citizens, &c., and near the public highways.

That the said E. V., at, &c., on, &c., and at divers other times and seasons between the day aforesaid and the taking of this inquisition, with force and arms, &c., near the dwelling-houses of divers good citizens, of the said commonwealth and also near divers public streets and common highways there situate, there did and yet doth keep a large number of hogs, to wit, one thousand; and the said hogs, on the days aforesaid and the times and seasons aforesaid, unlawfully and injuriously did feed and yet doth feed with slop, fermented grain, the offal and entrails of beasts and other filth, by reason whereof 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, and the air thereabouts, 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 and common nuisance, &c., to the evil example, &c., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(i) Com. v. Vansyckle, 7 Pa. L. J. 82. This case was tried before Sergeant J., at Nisi Prius, and a verdict of guilty was rendered, on which, however, there was no judgment, the nuisance being previously abated. The chief points taken on the indictment at the trial were, 1st, that there was a variance between the pleading and the evidence, the first averring that the hogs were fed on offals, &c., but the latter showing that they were fed on grain; and 2d, that the remedy at common law was superseded by the act constituting the Board of Health. Both points were overruled by the court; see ante, 705, n.

(713) Third count, after averring defendant to be the owner of a large building, &c., charges him with introducing into it great numbers of hogs, &c. That upon the day and year aforesaid, at the county aforesaid, there was and long before had been and ever since hath been and still is a certain house commonly called the "pigs' boarding-house," and a certain yard to the same house belonging, which said last mentioned house and yard are near adjoining to the Schuylkill River, wherein a great number of the good citizens of the said commonwealth are constantly passing and repassing, and to divers public streets and highways within the city and county as aforesaid. And the inquest aforesaid do further present, that the said E. V. well knowing the premises last aforesaid to be close adjoining the highways and roads as aforesaid, upon the said first day of March as aforesaid, and at divers other times and seasons between that day and the taking of this inquest, with force and arms, &c., at the county aforesaid, that is to say, at the said last mentioned house commonly called the "pigs' boarding-house," and at and within the said yard thereto adjoining, did unlawfully gather and collect together a great number of hogs and pigs, to wit, the number of one thousand, to the common nuisance and great injury, &c., as aforesaid, and did then and there at the times and seasons last aforesaid, unlawfully, wilfully and injuriously lay, place and put, and cause and procure to be laid, placed and put, other great quantities of offals, entrails and pieces of stinking carrion and dead carcasses of beasts and other filth, together with great masses and loads of slop and of fermented grain and other filth, slop and trash, by reason whereof the air at and near the said house and yard, and the highways, public streets, dwelling-houses and other buildings adjacent and contiguous thereto, at and upon the divers times and days last above mentioned, and between those times and days and the taking of this inquisition, at the county aforesaid, was and yet is filled, tainted and impregnated with noxious, hurtful and offensive stinks and smells, to the common nuisance and great injury, &c., against, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(714) For boiling bullock's blood for making colors, near to public ways.(j)

That T. D., late of, &c., on, &c., and on divers other days and times between that day and the day of the taking of this inquisition, at, &c., aforesaid, in certain building belonging to the dwelling-house of the said J. B. there situate and being, and also near the dwelling-houses of divers citizens of the said state, 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 colors, 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, &c. (k), against, &c. (Conclude as in book 1, chap. 3.)

(715) For keeping distillery near public streets.(1)

That A. B., &c., on, &c., and on divers other days, &c., at, &c., kept and maintained a distillery for manufacturing ardent spirits, and in so doing made

(j) Dickinson's Q. S. 6th ed. 426; see ante, 705, n. If the prosecutor be one of the persons whose comfort the annoyance particularly affected (and the indictment be moved by certiorari), and a conviction ensue, he will be entitled to his costs as a "party grieved," within 5 Wm. and Mary c. 11, s. 3.

(k) Bac. Abr. tit. Nuisances; 16 East 194; and Reg. v. Heage (Inhab.), 5 Esp. 217; R. v. Davey, ib.

(1) This is the substance of the indictment in People v. Cunningham, 1 Denio 525.

large quantities of swill and slops, and unlawfully and wilfully caused and permitted divers carts, &c., with teams to remain in Front Street, which is averred to be a public street and highway near the distillery of the defendants, for the purpose of receiving the slops, &c., and that said street is and was during, &c., used for the people of the state with their horses, carriages, &c., to ride, drive, walk, &c., and that the defendants on, &c., at, &c., in delivering the said slops, &c., into the said carriages, &c., did unlawfully and wilfully make great quantities of offensive filth in and upon the said public street, &c., and did unlawfully and wilfully cause offensive smells and stenches arising from the slops and from the horses, &c., used in the carriages, to issue, impregnating the air and rendering the same uncomfortable, and did unlawfully, &c., cause, permit and suffer the carriages and the horses to be, remain and continue in and upon the said street, &c., to wit, for six hours on each of the said days, whereby the common highway aforesaid then and on the said other days, &c., was obstructed, straitened, filthy, &c., so that the people, &c., could not pass, repass, &c., as they ought and were wont, &c.

(716) For exposing a child infected with smallpox in the public streets.(m) That on, &c., E. R., an infant of tender age, to wit, about the age of four years, was infected, ill and sick of and with a certain contagious, infectious and dangerous disease and sickness called smallpox, at, &c. And that M. B., the wife of C. B., late of, &c., aforesaid, having the care and nurture of the said E. R., well knowing the premises aforesaid, afterwards, and whilst the said E. R. was so infected, ill and sick as aforesaid, to wit, on, &c., aforesaid, with force and arms at, &c., aforesaid, unlawfully and injuriously did take and carry the said E. R. into and along a certain open public street and passage called Market Street, situate in the Parish of St. John, in the town of N., in the County of N. aforesaid, used for all the good people of the said state on foot to go, return and pass in, along and through, in which said public street and passage there were divers good people of the said state, and near unto and by divers dwelling-houses, habitations and residences of the good people of the said state then and there dwelling, inhabiting and residing, and unto and into a certain common highway, situate and being in, &c., aforesaid, used for all the good people of the said state on foot and with coaches, carts and carriages to go, return, pass, ride and labor in, along and through, in and along which said common highway there the good people of the said state were then going, returning, passing, riding and laboring, and amidst and among the good people of the said state who then and there, to wit, in the same common highway in the parish and county aforesaid, had met and assembled together; and that the said M. B. afterwards, and whilst the said E. R. was so infected, ill and sick as aforesaid, to wit, on, &c., and on divers other days and times between that day and the day of in the same year, at, &c., aforesaid, wrongfully and injuriously did take and carry the said E. R. into and along the aforesaid open and public street and passage called, &c., and near unto and by the aforesaid dwelling-houses, habitations and residences of the good people of the said state there dwelling, inhabiting and residing, and also near unto and by the good people of the said state in the said open and public way and passage, on, &c., and on the said other days and times there being, to the great and manifest danger of infecting with said contagious, infectious and dangerous disease and sickness called the smallpox, all the good people of the said state, who, on the several days and times aforesaid, were in and near the aforesaid open and public way

(m) Dickinson's Q. S. 6th ed. 428; see R. v. Vantandillo, 4 M. & S. 73; R. v. Sutton, 4 Burr. 2116; R. v. Barret, 4 M. & S. 272.

and passage, dwelling-houses, habitations, residences and common highway, and who had not had the said disease and sickness; to the great damage and common nuisance, &c., and against, &c. (Conclude as in book 1, chap. 3.) That the said M. B. well knowing that the said E. R. was so infected, ill and sick as aforesaid, afterwards, and whilst the said E. R. was so infected, ill and sick, to wit, on the said, &c., and on divers other days and times between that day and the said, &c., in the same year, with force and arms at, &c., aforesaid, unlawfully and injuriously did take and carry the said E. R. into and along the aforesaid open public highway and passage called, &c., situate and being, &c., and near unto and by the aforesaid dwelling-houses, habitations and residences of the good people of the said state there dwelling, inhabiting and residing, and also near unto and by the good people of the said state in the said open public way and passage, on, &c., and on the said other days and times as last-mentioned, there being, to the great and manifest danger of infecting with the said contagious, infectious and dangerous disease and sickness called the smallpox, the good people of the said state, who on the said, &c., and on the said divers other days and times last mentioned, were in the said open and public way and passage, and who dwelled, inhabited and resided there and near thereto, and who were liable to take the said disease and sickness, to the great damage and common nuisance, and against, &c. (Conclude as in book 1, chap. 3.)

(717) Against a parent for not giving his deceased child a Christian burial. (a) That whereas heretofore, to wit, on the eighteenth day of August, in the year of our Lord William Vann, late of the Parish of Saint Margaret, in the Borough of Leicester, laborer, was the father of a certain child then lately deceased, and had then and there the care and custody of the dead body thereof. And whereas on the day and year aforesaid, at the parish aforesaid, in the borough aforesaid, it became and was the duty of the said William Vann, the father of the said child lately deceased as aforesaid, the dead body thereof to bury and inter according to the rules of public decency, the said W. V. then and there having ample and sufficient money and means to defray the necessary expenses of said burial and interment. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said William Vann having as aforesaid the care and custody of the dead body of his child then lately deceased, afterwards, to wit, on the nineteenth day of August, and at divers other times in the year aforesaid, at the parish aforesaid, in the borough aforesaid, with force and arms, against his duty in that respect the said dead body did unlawfully, wrongfully, and wilfully refuse, omit, and neglect to bury and inter, whereby and by reason of the decomposition of the said dead body while in his care and custody as aforesaid, and while remaining unburied in the dwelling-house of the said William Vann there situate and being, divers, various, and noxious and unwholesome smells and stenches did then and there arise and issue therefrom, and thereby the air was greatly infected and corrupted, and was rendered and became for several days offensive, unwholesome, injurious, and dangerous to health; to the great damage and common nuisance of all the citizens of said state, there inhabiting, being, and residing, and going, returning, and passing, to the evil example of all others in like case offending, against, &c. (Conclude as in book i, chap. 3.)

(a) See R. v. Vann, 2 Denison, C. C. 325; 5 Cox, C. C. 379; 8 Eng. Law and Eq. 569; Wh. C. Law, § 5, 6; ante, 705, n. 539

Second count.

And the jurors aforesaid, upon their oath aforesaid, do further present, that William Vann, late of the Parish of Saint Margaret, in the Borough of Leicester, laborer, on the twentieth day of August, in the year of our Lord having the care and custody of the dead body of a certain child then lately deceased, to wit, of the child of the said William Vann, on the day and year last mentioned, at the parish aforesaid, in the borough aforesaid, the said dead body, with force and arms, and against his duty in that respect, unlawfully did refuse, omit, and neglect to bury, the said W. V. then and there having sufficient money and means to defray the necessary expenses of the burial and interment of said body, and the said dead body did then and there remove from the dwelling-house of the said William Vann there situate, to a certain public place, to wit, a public yard there situate, near to and adjoining divers public streets being the common highways, and also near to and adjoining the dwelling-houses of divers citizens of said state, there situate, and the said body so removed as aforesaid, and so as aforesaid in his care and custody, did then and there unlawfully and injuriously permit and cause to be and remain in the said public yard there situate as aforesaid, for a long space of time, to wit, for and during the space of six days, whereby and by reason of the noxious smells, stenches, and vapors arising and issuing from the said dead body during the time aforesaid, the air became and was greatly infected and corrupted, and became and was rendered offensive, inju rious, and unwholesome; to the great damage and common nuisance not only of all the citizens of said state, then and there being, inhabiting, and dwelling, but also of all other citizens of said state, near there being, inhabiting, and dwelling, but also of all other citizens of said state, in, by, and through the said public yard, and in, by, and through the other said public streets and highways near thereto going, returning, passing, repassing, and laboring, to the evil example of all others in like case offending, and against, &c. (Conclude as in book 1, chap. 3.)

Third count.

And the jurors aforesaid, upon their oath aforesaid, do further present, that William Vann, late of the Parish of Saint Margaret, in the Borough of Lei cester, laborer, on the day and year last before mentioned, having the care and custody of the dead body of a certain child then lately deceased, to wit, the child of the said William Vann, at the parish aforesaid, in the borough aforesaid, the said dead body, with force and arms, did unlawfully, wilfully, and against his duty in that respect, omit, neglect, and refuse to bury the said dead body, unlawfully, injuriously, and against the rules of public decency in that respect in a certain public place, to wit, a public yard, there being and situate, and near unto divers public streets, being the common highways, and also near unto the dwelling-houses of divers citizens of said state, there situate and being, did then and there keep and retain, and cause to be kept and retained, for the space of several days, and the said dead body so kept and retained by the said William Vann as aforesaid, became and was putrid, by reason of which said premises and during the time aforesaid, divers noxious, unwholesome, and offensive smells, stenches, and vapors, were from thence emitted and issued, so that thereby the air then and there was rendered and became offensive, injurious, and unwholesome, and thereby continued during the time aforesaid to be offensive, injurious, and unwholesome; to the great damage and common nuisance of all the citizens of said state, there inhabiting, being, and residing and going, returning and passing through the said streets and highways, and against the peace, &c. (Conclude as in book 1, chap. 3.)