For erecting and continuing a building on a part of a common footway (a).

For obstructing

going, returning, passing, and repassing, and against the peace, &c.

That there now is, and long before, and at the time of the obstruction and nuisance hereinafter mentioned, there was a certain common and public footway on the side of a certain place, called, &c. and for all the liege subjects of our said ford the king to go, return, pass, and repass on foot, in and along the same, at their free will and pleasure. And the jurors, &c. do further present, that A. B. late of, &c. and C. D. late of, &c. on, &c. with force and arms, at, &c. aforesaid, did unlawfully and injuriously erect and build, and cause and procure to be erected and built, a great part of a certain edifice, erection, and building, in and upon a great part, to wit, square yards of the said footway, and the said part of the said edifice, erection, and building so as aforesaid erected and built, in and upon the said part of the said footway, they the said A. B. and C. D. aforesaid, from the said, &e. until the day of taking this inquisition, with force and arms, at, &c. aforesaid, unlawfully and injuriously did keep, maintain, and continue, and still do keep, maintain, and continue (b), whereby the said footway hath been, for and during all the time aforesaid, and still is, greatly narrowed, obstructed, and stopped up, so that the liege subjects of our said lord the king could not, during the time aforesaid, nor can they now, go, return, pass, or repass ort foot, in and along the said footway, as they were before used and accustomed, and still of right ought to do, to the great damage and common nuisance of all the liege subjects of our said lord the king, in and along the said footway going, returning, passing, and repassing on foot, to the evil and per nicious example, &c. and against the peace, &c.

[Commencement as ante, 2.] That for a long time be a highway in va- fore, &c. and until the obstruction thereof hereafter next rious forms (c). mentioned there hath been, and from the time of such ob struction hitherto there ought to have been, and still of right ought to be, a certain common and public highway, leading

First count, for continuing and keeping a building on the high

way.

was

(a) This indictment framed by a very eminent pleader now at the bar; and see the precedent and notes, ante, 607, 8.

(b) See 8 T. R. 142, and ante, 607.

(c) See form, 4 Wentw. 181, and precedent and note, ante, 607, 8.

from a public and common street in the village of Battersea, in the county of Surrey, down to a certain public navigable river called the Thames, in the said county, for all the licge subjects of our said lord the king, and his predecessors, kings and queens of Great Britain and England respectively, to go, return, pass, re-pass, ride, and labour on foot, and on horseback, and with their cattle and carriages at their free will and pleasure, and that on, &c. at, &c. a certain building and erection of great length, breadth, and height, to wit, of the length of, &c. and of the breadth of, &c. and of the height of, &c. was and before had been built, erected, and fixed in and upon the said common and ancient highway, by certain persons to the jurors aforesaid as yet unknown, whereby the said common and ancient highway was obstructed obstructed and stopped up, so that the liege subjects of our said lord the king by the said way on foot, and on horseback, and with their cattle and carriages could not then go, pass, re-pass, &c. as they had been used and accustomed to do, and that P. G. late of, &c. the said building and erection so as aforesaid built, erected, and placed in and upon the said common and ancient highway, on the said, &c. and from thence until the day of taking this inquisition, with force and arms, at, &c. aforesaid, unlawfully, and injuriously did keep, maintain, and continue, and still doth keep, maintain, and continue, whereby the said common and ancient highway during the time aforesaid, hath been and yet is obstructed and stopped up, so that the liege subjects of our said lord the now king, during all that time have been, and still are hindered and obstructed, in passing and repassing, riding, and labouring on foot, and on horseback, and with their cattle and carriages, in, through, and along the said common and ancient highway as aforesaid, to the great damage, &c. [as ante, 608.] And the jurors, &c. do further present, &c. [describe Second count, way as in first count,] and that the said P. G. on, &c. with building a wall, force and arms, at, &c. unlawfully, and injuriously did cause to be built a certain wall of a certain great length, breadth, and height, to wit, of the length, &c. in and upon the said last-mentioned common and public highway, and the same wall so built, &c. in and upon the said last-mentioned common and public highway there as aforesaid, did unlawfully and injuriously, with force and arms, keep, maintain, and continue, from, &c. aforesaid, for a long time, to wit, for the space of sixty days then next following, &c. [Conclusion as in the first VOL. III.

E

Third count, dig- count.] And the jurors, &c. [as in first count, to the offence,] ging up and suband that the said P. G. on, &c. aforesaid, with force and arms, verting and placing materials for at, &c. aforesaid, unlawfully and injuriously did dig up and building. subvert, and did cause to be dug up and subverted, great part of the said last-mentioned common and public highway, to wit, [614] sixty yards in length, and one yard in breadth, and four feet in depth, of the said last-mentioned common and public highway, and unlawfully and injuriously did then and there lay down. and place, and cause to be thrown down, laid, and placed, divers large quantities of bricks, stones, and lime, to wit, &c. [here state the quantities,] in and upon the said last-mentioned common and ancient highway, and the same part of the said last-mentioned highway so dug up and subverted, and the said bricks, stones, and lime, so thrown, laid down, and placed there, with force and arms, did unlawfully and injuriously keep, maintain, and continue, from the same day and year last aforesaid, for a long time, to wit, until the day of taking of this inquisition, whereby, &c. [Conclusion as in first count. Fourth count, describing the way as a horseway, as ante, 580, and the nuisance, as in first count. Fifth count, as a horseway, stating nuisance as in the second. Sixth count, as a horseway, describing nuisance as in third. There was also a similar set of counts, varying in the same manner, describing the road as a footway, as ante, 580.]

For taking up pavement of a

street, and erecting a portico, and narrowing footpath on side of a street (a).

Middlesex. That J. D. late of, &c. on, &c. and on divers other days and times between that day and the day of taking of this inquisition, with force and arms, at the parish of, &c. unlawfully dug up and destroyed divers, to wit, ten yards of the pitching or pavement of a certain common and public street and king's highway there, called ——, and at divers of those said. days and times put, placed, and erected certain posts or pillars there, in and upon the said common and public street and king's highway, and built and erected a certain building, erection, and portico to a great height, that is to say, to the height of two feet above the adjacent part of the pitching or pavement of the said common and public street and king's highway there, and kept and continued the said posts and pillars there put, placed, and erected as aforesaid, and the same building, erection, and portico, built and erected thereou as

(a) This was a recent indictment, 37 Geo. 3. on which defendant was conviced. See

also precedent and notes, ante,

607 to 610.

aforesaid, and the said pavement under and near the said building, erections, and portico, so raised and heightened to the said height as above-mentioned, above the adjacent part of the pitching or pavement of the said common and public street and king's highway there as aforesaid, for a long time, to wit, from the time of putting, placing, erecting, building, raising, and heightening the same respectively, so by him done as aforesaid, until the day of taking of this inquisition, to wit, at, &c. aforesaid, whereby the same common and public street and king's highway during the time aforesaid, was and is so much narrowed, straightened, and obstructed, that the liege subjects of our said lord the king could not during all the said time, nor can they now use and pass over the said common and public street and king's highway, with their carts, carriages, and horses, and on foot, as they were used and accustomed to do, and ought to have done, and to do, but during all the time aforesaid, have been and are greatly obstructed and hindered in the use and enjoyment of the said common and public street and king's highway, to the great damage and common nuisance of all the said subjects of our said lord the king, and against the peace, &c.

[ 615 ]

And the jurors, &c. that the said J. D. on the said, &c. Second count. and on divers other days and times, between that day and the day of taking this inquisition, with force and arms at, &c. aforesaid, unlawfully dug up and destroyed divers, to wit, ten yards of the pitching or pavement of a certain common and public street, and king's highway there, called Mill street, and at divers of those said days and times, put, placed, and erected certain posts and pillars there, in and upon the said common and public street, and king's highway, and built and erected a certain building, erection, and portico thereon, in the said common and public street, and king's highway there, and raised and heightened the pavement under and near to the said building, erection, and portico, to a great height, that is to say, to the height of two feet above the adjacent part of the pitching or pavement of the said common and public street, and king's highway there, and kept and continued the said posts and pillars there put, placed, and erected as aforesaid, and the same building, erection, and portico, built and erected thereon as aforesaid, and the said pavement under and near to the said building, erection, and portico so raised and heightened to the said height as above mentioned, above the adjacent parts of the

pitching or pavement of the said common or public street, and king's highway there, as aforesaid, for a long time, to wit, from the time of putting, placing, erecting, building, raising, and heightening the same respectively so by him done as aforesaid, until the day of taking of this inquisition, to wit, at, &c. aforesaid, whereby the same common and public street, and king's highway, during the time aforesaid, was and is so much narrowed, straitened, and obstructed, that the liege subjects of our said lord the king could not, during all the said time, nor can they now, use and pass over the said common and public street, and king's highway, as they were used and accustomed to do, and ought to have done, and to do, but during all the time aforesaid have been and are greatly obstructed and hindered in the use and enjoyment of the same common and public street, and king's highway, to the great damage and common nuisance, &c. and against the peace, &c.

That, &c. [describe highway as ante, 576,] and that on, &c. at, &c. aforesaid, R. D. late of, &c. with force and arms, unlawfully and injuriously did dig up and subvert, and cause to be dug up and subverted, a great part, to wit, twenty yards in length, ten yards in breadth, and five yards in depth, of the earth and soil in and of the said highway, and did also then and there unlawfully and injuriously erect and build, and cause to be erected and built, in and upon the said highway, a great part, to wit, twenty yards in length, ten yards in breadth, and ten yards in height, of certain walls, erections, and buildings, made of bricks, mortar, and other materials, and the said part of the said walls, erections, and buildings, so as aforesaid erected and built, he the said R. D. upon and from the said, &c. until the day of taking of this inquisition, at, &c. aforesaid, with force and arms unlawfully and injuriously did uphold, maintain, and continue, and still doth uphold, maintain, and continue, whereby the said common highway on the said, &c. and during all the time last aforesaid, was, hath been, and is, greatly obstructed, narrowed, and straitened, so that the liege subjects of our said lord the king, in, upon, and through the said highway, during 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 and common nuisance of all the liege subjects of our

(a) See form, 4 Wentw. 192, and precedent and notes, ante, 607 to 610.