injure the health of others or damage their property.3 The manufacturing of gunpowder in a place which renders it dangerous to the public.1 The dumping of unwholesome matter into a stream from which the public drink;5 the maintaining of a slaughter house in a populous district. So also acts which affect public order and decency may be nuisances. Thus, the keeping of disorderly houses, bawdy house, gambling places, are at common law regarded as common nuisances, since their "tendency to withdraw the young and inconsiderate from any useful employment of their time and to subject them to various damages; from their affording to the idle and dissolute encouragement to continue in their destructive courses." Indecent exposure of the person, and exhibition of obscene pictures, are also nuisances at the common law. So also, at common law, a common scold, that is, a woman who indulges in such free use of her tongue as to disturb the quietude of the neighborhood; and "eavesdroppers, being such as listen under walls or windows or the eaves of houses, to hearken after discourse, and thereupon to frame slanderous and mischievous tales," are nuisances at common law.8 "People vs. White Lead Works, 82 Mich., 471. 'Bradley vs. People, 56 Barb. (N. Y.), 72. 'State vs. Taylor, 29 Ind., 517. 10 Bosw. (N. Y.), 700; Dennis vs. State, 91 Ind., 291. 'People vs. Jackson, 3 Denio., 101; Thatcher vs. State, 48 Ark., 60; Beard vs. State, 71 Ind., 275; State vs. Barthel, 6 Black. (Ind.), 474; McLean vs. State, 49 N. J. Law, 471; State vs. Dame, 60 N H., 479; 4 Am. Cr., 444. 4 Blk. Com., 168. The loud and boisterous singing for ten minutes of an obscene song, on a public street, in the hearing of a number of persons, was held to be a nuisance though done only on one occasion. State vs. Toole, 106 N. C., 736; 8 Am. Cr., 608. Public swearing in a public place to the annoyance of the community is a nuisance.9 A common form of a public nuisance consists in the obstruction of highways and of streams, being such acts as interfere with public travel, or of any public right in the highway, or on navigable rivers.10 An example of the omission of duty under such circumstances as would amount to a nuisance, is found in the case of one neglecting to perform his duty as a highway officer, so that the right of the public to use it becomes impaired.11 The intent or motive of the persons creating a nuis ance is immaterial. If there is an injury to the community at large, the fact that the persons were actuated by the purest and most benevolent of purposes is no defense.12 'Com. vs. Linn, 158 Pa. St., 22; 9 Am. Cr., 412. 10 Knox vs. New York, 55 Bar. (N. Y.), 404; Com. vs. Allen, 1488a St., 358; Bee vs. State, 94 Ind., 443; State vs. Club, 100 N. C., 477. "State vs. Madison, 65 Me., 546. Secord vs. People, 121 Ill., 623. civil and criminal proceedings for same wrong..5 note ACQUIESCENCE FOR DETECTION: .37, 41 78 117 robbery within the jurisdiction of, is piracy........241 ADULTERATED FOOD: ignorance of adulteration no defense. ADULTERY: defined effect of divorce.. honest belief in divorce original idea of... as provocation to husband for homicide. under a mistake as to law. 31 .277 .279 26, 279 .276 .146 .277, 278 26 AFFRAY: deaned and explained. AGE OF CONSENT.... AGE OF DISCRETION. AGENT: ezzlement by trafficking in property intrusted to his care. AGGRAVATED ASSAULT: .269 ..172 .205 .205 .211 See assaults, 162. AIDER AND ABETTOR: See principals and accessories. .89 ALLEGIANCE: ALIENS: not exempt from criminal responsibility. 71 28 See jurisdiction. must exist at the time of taking... 193 at common law in United States by statutes.. must be done unlawfully and maliciously. what is setting fire. the burning 28 72 98 .174 .174 .177 ...176 .176, note .176 ownership of house. statutory burnings .175 ... dwelling house, meaning of. ..177 |