Second count, for the offensive smell, &c. merely. from the said excrements, blood, offal, entrails, and filth, on, &c. aforesaid, and on the other days and times aforesaid did there arise, and the air there became and was thereby greatly corrupted and infected, and the public streets and king's common highway aforesaid, during the times aforesaid, by means of putting and placing the horns, hides, skins, and offal, of the said oxen, cows, calves, sheep, and lambs, as aforesaid, and also by means of driving and causing the said oxen, cows, calves, &c. to be driven as aforesaid, were greatly obstructed and straitened, so that the liege subjects of our said lord the king [630] during the time aforesaid, could not, nor can they yet go, return, pass, ride, and labour, with their horses, carts, and carriages, and on foot, in and along the public streets and king's common highways aforesaid, so freely as they were wont, and by right ought to do; to the great damage and common nuisance of all the liege subjects of our said lord the king there inhabiting, residing, and being, and in and along, and through the said public streets and king's common highways, going, returning, passing and repassing, riding, and labouring, and against the peace of our said lord, &c. And the jurors, &c. do further present, that the said W. S. on, &c. and on divers other days and times between that day and the day of taking this inquisition, with force and arms, at, &c. aforesaid, in a certain house of him the said W. S. situate and being in a certain public street and common king's highway there, called Warwick Lane, and also situate near divers other public streets and common king's highways, there and near the dwelling-houses of divers liege subjects of our said lord the king, did unlawfully and injuriously kill and slay, and caused to be killed and slain, divers, to wit, &c. and the excrement, blood, entrails, offal, and other filth, from the said animals respectively coming and issuing, did then and there, on the said several days and times respectively, there cause and permit to be and remain in the said house, and near to the same, for a long time, to wit, for the space of five hours on each of those days respectively, whereby divers noisome and unwholesome smells and stenches from the excrement, blood, offal, entrails, and other filth, coming and issuing from the said animals, then and on the said other days and times respectively there did arise, and the air thereby was 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 liege subjects of our said lord the king, in, by, the obstruction of [ 681 ] and through the said public street, called Warwick Lane, and in, by, and through the said other public streets and common king's highway near there going, returning, passing, repassing, and labouring; to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, Third connt, for that the said W. S. on, &c. aforesaid, and on divers other days the highway only. and times between that day and the day of taking this inquisition with force and arms, at, &c. aforesaid, in a certain public street and common king's highway there, called Warwick Lane, used for all the king's subjects on foot, and with their horses, coaches, carts, and carriages, to go, return, pass, and repass, ride, and labour, at their free will and pleasure, unlawfully and injuriously, did pour out, discharge, put, place, and leave, and cause and procure to be poured out, discharged, placed, and left, divers large quantities of the blood, offal, excrements, entrails, and other filth of divers oxen, cattle, sheep, swine, and other animals, and divers large quantities of the hides, horns, and skins, of cattle, oxen, and other animals, and did then and on the said other days and times, there, unlawfully and injuriously permit and suffer the said quantities of blood, offal, excrement, entrails, and other filth, and the said horns, hides, and skins, to be and remain in and upon the said public street and common king's highway, called Warwick Lane, for a long space of time, to wit, for the space of ten hours on each of the said days respectively, whereby the said public street and king's common highway aforesaid, then and on the said other days, for and during all the said space of time, on each of those days respectively, was obstructed and straitened, so that the liege subjects of our said lord the king could not then and on the said other days and times respectively, go, return, pass, repass, ride, and labour, with their horses, coaches, carts, and other carriages, in, through, and along, the said public street and common king's highway aforesaid, called Warwick Lane, as they ought and were wont and accustomed to do; to the great damage and common nuisance of all his majesty's liege subjects, going, returning, passing, repassing, riding, and labouring, in, through, and along, the said public street and common king's highway, to the evil, &c. and against the peace, &c. And the jurors, &c. do further present, that the Fourth count, for said W. S. on, &c. aforesaid, and on divers other days and driving cattle, times between that day and the day of taking this inquisition, with force and arms, at London aforesaid, in the parish and ward aforesaid, in a certain public street and common king's &c. highway there, called Warwick Lane, used for all the king's subjects, on foot, and with their horses, coaches, carts, and carriages, to go, return, pass, repass, and labour, at their free will and pleasure, and injuriously did drive, and cause to be driven, divers, to wit, &c. on each and every of the said days, in and along the said public street and king's common highway, called Warwick Lane, to a certain house of the said W. S. there, for the purpose of the same being slaughtered there, and did also, on the day and year aforesaid, and on each and every of the said other days, wrongfully and injuriously put and place, and cause and procure to be put and placed, divers, to wit, ten carts in the said public street and common king's highway, for the purpose of gathering, collecting, and receiving the horus, hides, skins, excrements, offal, and other filth of the said animals, after the same had been slaughtered, and the said last-mentioned carts, in the same street and king's common highway, on the day and year aforesaid, and on each and every of the said days [ 632 ] and times wrongfully, injuriously, did permit and suffer to be and remain for a long space of time, to wit, for the space of five hours on each and every of the said days; by means of which said driving of the said oxen, cows, calves, sheep, lambs, and swine, for the purpose aforesaid, and also of the said putting and placing the said carts in the said public street, and the suffering them to remain there for the space of time aforesaid, the said public street and common king's highway aforesaid, then and on the said other days, for and during all the said time, and each of those days respectively, was obstructed and straiteued, so that the liege subjects of our said lord the king could not then and on the said other days and times respectively, go, return, pass, repass, ride, and labour, with their horses, coaches, carts, and other carriages, in, through, and along the said public street and common king's highway aforesaid, called Warwick Lane, as they ought and were wont and accustomed to do; to the great damage and common nuisance, &c. [As in third count.] INDICTMENTS, &c. FOR NUISANCES TO WATER- rowing the rive Thames (a). Kent. [Commencement as ante, 2.] That the river of Indictment for making embank Thames is, and from time whereof, &c. was an ancient navi- ments and nar gable river and king's common highway for all the liege subjects of our lord the king, with their ships, vessels, boats, and craft, to pass, repass, and navigate at their free will and pleasure, to wit, at, &c. and that J. R. late of, &c. on, &c. with force and arms, at, &c. aforesaid, in the said navigable river and common king's highway there, in and upon the bed and soil thereof, and in the stream and waterway thereof, unlawfully, wilfully, knowingly, and injuriously did erect, raise, and place, and cause to be erected, raised, and placed, a certain embankment, composed of wood, chalk, gravel, earth, rubbish, Offence. As a navigable river is a king's highway, and protected by the same regulations, any obstruction to its course is punishable in the same way with a nuisance to a public road, Hawk. b. 1. c. 76. s. 1. To divert a part of a public river, whereby the current of it is weakened and rendered incapable of carrying vessels of the same burthen as it could before is a common nnisance, 1 Hawk. c. 75. s. 11. But if a ship or other vessel sink by accident in a river, although it obstruct the navigation, yet the owner is not indictable as for a nuisance if he remove it within a reasonable time, 2 Esp. 675. Its soil belongs prima facie to the erown, and not to the occupiers of the adjoining lands, though it may be shown to be vested in a private individual, Dougl. 441. The antiquity of stones, and other materials, and being of great length and width, to wit, of the length of one hundred feet, along the said river and common king's highway there, parallel with the banks thereof, and of the width of eighty feet across and athwart the stream and waterway thereof, and the said embankment so as aforesaid erected, raised, and placed, in the said river and common king's highway there, from the said, &c. until the day of taking the inquisition, at, &c, aforesaid, he the said J. R. &c. then and there unlawfully, wilfully, knowingly, and injuriously, did continue, and still do, and each of them doth continue; by reason whereof the liege subjects of our said lord the king, during all the time aforesaid, could not, nor can they now, pass, repass, and navigate, with their ships, vessels, boats, and craft, in and along the said river and common highway there, as they before used and were accustomed to do, and still of right ought to do, without great peril and danger of their lives, and the destruction and loss of their said ships, vessels, boats, and craft; to the great damage and common nuisance of all the liege subjects of our said lord the king, in and along the said river and common king's highway there, passing and repassing, and navigating with their ships, vessels, boats, and craft as aforesaid; to the evil example of all others, and against the peace, &c. And the jurors, &c. do further present, that the said J. R. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, unlawfully, wilfully, knowingly, and injuriously, did raise, erect, and place, and cause to be erected, raised, and placed, a certain other embankment, composed of wood, gravel, earth, chalk, rubbish, stones, and other materials in and upon the soil and bed of the said river Thames, and common king's highway there, in the stream and waterway of the same, of great length and width, to wit, of the length of one hundred feet along the stream of the said river, and common king's highway, parallel with the banks thereof, and of the width of eighty feet athwart and across the stream and waterway of the same; and the said embankment so as aforesaid erected, raised, and placed, from the said, &c. until the day of taking this inquisition, to wit, [634] at, &c. aforesaid, he the said J. R. unlawfully, wilfully,. knowingly, and injuriously did continue, and still doth continue, to the great damage and common nuisance of all his majesty's liege subjects, and against the peace, &c. And the jurors, &c. do further present, that the said J. R. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, in the Second count. Third count. |