The like for keeping dogs which made noises in the night. For keeping hogs near a public street (a). For killing sheep and street, leav [Another precedent for a similar nuisance contains, in addition to the above, the following allegation.] And also thereby the said dogs and bitches so kept and confined as aforesaid, in the several days and times aforesaid, and in the night time of the said several days, during the natural and proper hours of rest of the liege subjects of our said lord the king, inhabiting the said dwelling-houses in, &c. aforesaid, made divers loud yells, moans, and offensive noises, and thereby the said liege subjects of our said lord the king so inhabiting the dwelling-houses aforesaid, on the said several times aforesaid, at, &c. were greatly annoyed and deprived of their natural rest, [Commencement as ante, vol. ii. 2.] That T. T. 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, near the dwelling-houses of divers liege subjects of our said lord the king, and also near divers public streets and common highways, there did and yet doth keep ten hogs; and the said hogs then and there, to wit, on the said, &c., and on the said other days and times at, &c. aforesaid, unlawfully and injuriously did feed, and yet doth feed, with the offal and entrails of beasts and other filth, by reason whereof divers noisome and unwholesome smells and stenches during the time aforesaid, did from thence there arise, and the air there was and yet is 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 there resident and dwelling, but also to all the liege subjects of our said lord the king passing and repassing in, by, and through the said streets and common highways there, to the evil example, &c. and against the peace, &c. That E. H. late of, &c. on, &c. and on divers other days and near the highway times then before, to wit, in, &c. aforesaid, and near the ing the carcases, dwelling-houses of divers liege subjects of our said lord the &c. there (b). king, and also near a certain open and public street and road [648] (a) Cro. C. C. 8th edit. 305. 7th edit. 533. 2 Stark. 686. This is an offence at common law. 2 Ld. Raym. 1163. (b) 4 Wentw. 225. See an indictment of this nature, ante, 629, and see the precedent and notes, ante, 643. I Stra. 686. there, commonly called M. street, the said public street and road being a common street, road, and thoroughfare for all the liege subjects of our said lord the king, with their coaches, carriages, horses, waggons, carts, goods, chattels, and merchandizes, to go, return, or pass, at their will and pleasure, did unlawfully and injuriously kill and slay, and cause to be killed, and slayed, forty sheep, and the excrements, blood, entrails, and other filth, coming from the said sheep, did then and on the said other days and times there cause and permit to lie and remain in the said open and public street and road for a long time, whereby divers filthy, noisome, and unwholesome smells from the excrements, blood, entrails, and other filth, coming from the said sheep as aforesaid, then and on the said other days and times there did arise, so that the air there 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 the said place inhabiting and dwelling, but also of all other liege subjects of our said lord the king, in, by, and through, the said common streets and highways aforesaid, going, returning, and passing, and against the peace of our said lord the king, his crown and dignity. And the jurors of our said lord the king Second count. upon their oath aforesaid, do further present, that the said E. H. on the said, &c., and on divers other days and times, as well before as after, with force and arms at, &c. aforesaid, near the dwelling-houses of divers liege subjects of our said lord the king, and also near divers streets and common highways, there did hang out and expose, and cause to be hung out and exposed, in the public and open street and road aforesaid, for sale, the bodies and carcases of divers oxen, cows, heifers, sheep, lambs, calves, and pigs, and did then and there on the said, &c. and divers other days and times between that day and the day of the taking of this inquisition, cause and permit to remain in the said open street and common highway for a long time, whereby divers noisome and unwholesome smells did then, and on the said other days and times, there arise, so that the air there was greatly corrupted and infected, to the great damage, &c. (as in first count.) That H. H. late of, &c. on, &c. and on divers other days and times then before, at, &c. in a certain shop of him the (a) Cro. C. C. 8th edit. 301. 7th edit. 519. 2 Stark. 687. And see ante, 629, and the Against a buthis shop as a cher for using slaughter-house in a public market (a). said H. H. situate and being in a common market there called Leadenhall-market, (the said market being a common passage for all the liege subjects of our said lord the king, with their goods, chattels, and merchandizes, 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, ten lambs, and the excrements, blood, entrails, and other filth, coming from the said lambs, 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 five 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 lambs 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, to the evil example, &c. and against the peace, &c. For erecting a That J. C. late of, &c. on, &c. with force and arms, at, &c. furnace with a boiler, and using near the dwelling-houses of divers liege subjects of our said lord it for the boiling the king there, and also near divers streets and common highof tripe and offal of beasts (a). ways there, did unlawfully and injuriously erect and set up, and cause to be erected and set up, a certain furnace, with a boiler, to be used for boiling of tripe, and other entrails, and offal of beasts, and that the said J. C. 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 (a) Cro. C. C. 8th edit. 306. 7th edit. 535. 1 Stra. 686. See the late Leg. Flu. 25, 57. act, 1 & 2 Geo. 4. c. 41; ante, 643, noté. and highways going, returning, passing, and repassing, and against the peace, &c. The like in a fuller form (a). [ 650 ] [Commencement as ante, vol. ii. 2.] That A. B. late of, &c. on, &c. and on divers other days and times between that day and the day of the taking this inquisition, with force and arms, at, &c. aforesaid, to wit, in a certain yard or backside adjoining to his dwelling-house there situate, and near to a certain public street and king's highway there called O. Street, and also near to the dwelling-houses of divers liege subjects of our said lord the king there likewise situate, in two certain vessels commonly called coppers, unlawfully and injuriously did boil, and cause and procure to be boiled, several large quantities of tripe, entrails, offals, putrid bellies, and paunches, of divers beasts, by reason whereof divers great smoke, and fetid, noisome, obnoxious, unwholesome smells, savours, and odours, stenches, and stinks, then and at the said divers other days and times did arise and ascend from the said tripe, entrails, offals, putrid bellies, and paunches, so boiled as aforesaid, and the air thereby and thereabouts was greatly corrupted, contaminated, and infected, and the said dwelling-houses of the said liege subjects of our said lord the king, situate near the said yard or backside adjoining to the said dwelling-house of the said A. B. then and at the said divers other days and times were rendered very unwholesome, offensive, unfit, and improper for habitation, to the great danger and hazard of breeding an infectious and pestilential disorder among the liege subjects of our said lord the king, to the great damage and common nuisance as well of all the liege subjects of our said lord the king, in and through the said street and king's highway going, returning, passing, riding, and labouring, as of all the liege subjects of our said lord the king inhabiting and residing near the said yard or backside adjoining to the said dwelling-house of the said A. B. and against the peace, &c. That the said defendant, on the third Second count. day of May, in the year aforesaid, and divers other days and times between that day and the day of the taking this inquisition, with force and arms, &c. &c. [exactly like the first count, only leaving out the word "savours."] And the jurors, &c. do Third count. further present, that the said A. B. on, &c. and on divers other days and times between that day and the day of the taking (a) Sec form, 6 Wentw. 417. [ 651 ] On a road act for erecting a neces came a nuisance, contrary to the act (a). this said inquisition, with force and arms, at, &c. to wit, behind his dwelling-house there situate, and near a certain public street and king's highway there, called O. Street, and also near the dwelling-houses of divers liege subjects of our said lord the king, there likewise situate, unlawfully and injuriously did keep a certain tripe-house for the purpose of boiling of tripe, offals, putrid bellies, and stale entrails of beasts therein, and that the said defendant then and at the said other times in the same tripe-house did boil, and cause and procure to be boiled, several large quantities of tripe, offals, putrid bellies, and stale entrails of beasts, by reason whereof divers fetid, noisome, aud unwholesome smells, savours, and stinks, then and at the said divers other days and times did arise and ascend from the said last-mentioned tripe, offals, and putrid and stale entrails of beasts, so boiled as last aforesaid, and the air thereby there and thereabouts was greatly corrupted and infected, and the said dwelling-houses of the said liege subjects of our said lord the king, situate near the said tripe-house, then and at the said several other days and times were rendered very unwholesome and unfit for habitation, to the great damage, &c. [Conclusion as ante, 650.] [Commencement as ante, vol. ii. 2.] That H. R. late of, &c. sary house near on, &c. at, &c. aforesaid, unlawfully and injuriously did erect, to a public high- and cause to be erected, a certain building, called a necessary way, that it becommon house, upon a certain piece of land, whereof he the said H. R. was then and there occupier, adjacent to and within fifty feet of a certain road from, &c. across, &c. into, &c. and the aforesaid building so made and erected as aforesaid, from, &c. aforesaid, at, &c. aforesaid, until the day of the taking this inquisition, unlawfully and injuriously did continue, and still doth continue, to the great damage and common nuisance of all the liege subjects of our said lord the king, not only thereabouts inhabiting and dwelling, but also all those subjects in, by, and through the same road going, returning, passing, and travelling, against the form of the statute in such case made and provided, in contempt of our said lord the king and his laws, and also against the peace of our said lord the king, his crown and dignity. Aud the jurors, &c. do further present, Second count. |