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carrion, and dead carcases of beasts and other filth, by reason whereof the air at and near the said part of the said public road and king's common highway aforesaid, lying and being within, &c. aforesaid, to which the said house and yard are near adjoining as aforesaid, upon the said, &c. aforesaid, and at and upon the said divers other days and times between that day and the day of the taking this inquisition, at, &c. aforesaid, was and yet is filled and impregnated with noxious, burtful, noisome, and offensive stinks and smells, to the common nuisance [conclude as post, 646, 7.] And the jurors, &c. do fur- Second connt, ther present, that, &c. [State the highway, as ante, 576. 593.] rion by and near And the jurors, &c. do further present, that the said J. B. well the highway, knowing the premises last aforesaid, but being such person as keeping the dogs.

omitting the aforesaid, upon the said, &c. at, &c. aforesaid, was, and long before had been, and ever since hath been, and yet is possessed of a certain house, commonly called T. house, and of a certain yard to the same house belonging, which said last-mentioned house and yard are situate and being within the parish of St. M. le B., &c. aforesaid, in the county aforesaid, and are near adjoining to a certain part of the said last-mentioned public road and king's common bighway, lying and being at, &c. aforesaid : and that he the said J. B. being so possessed of the said [645] last-mentioned house and yard, as last aforesaid, upon the said, &c., and at and upon divers days and times between that day and the day of the taking this inquisition, with force and arms, at, &c. aforesaid, that is to say, at the last-mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near that part of the said last-mentioned public road and king's common highway, lying and being within, &c. aforesaid, to which the said last-mentioned house and yard are near adjoining as last aforesaid, did unlawfully, wilfully, and injuriously, lay, place and put, and cause and procure to be laid, placed, and put, several quantities of offals, entrails, and pieces of stinking carrion, and dead carcases of beasts and other filth, by reason whereof the air at and near the said part of the said last-mentioned public road and king's common highway, lying and being within, &c. aforesaid, to which the said last-mentioned house and yard are near adjoining as last aforesaid, upon the said, &c. and at and upon the said divers other days and times between that day and the day of taking this inquisition, at, &c. aforesaid, was, and yet is filled, tainted, and impregnated with noxious, hurtful, noisome, and offensive stinks and

smells, to the common nuisance, &c. [Conclusion as post, 646, 7.] Third count, that And the jurors, &c. do further present, that, &c. [State the whose names are highway, as ante, 576, 593.] And the jurors

, &c. do further unknown placed present, that the said J. B. upon the said, &c. at, &c. aforethat defendant said, was, and long before had been, and ever since hath been, suffered it to re- and yet is, possessed of a certain house called T. house, and

of a certain yard to the same house belonging, which said lastmentioned house and yard are situate, lying, and being within, &c. aforesaid, and are near and adjoining to a certain part of the said last-mentioned public road and king's common highway, lying and being within, &c. aforesaid, in the county of M. aforesaid, and that the said J. B. being so possessed of the said last-mentioned house and yard, as last aforesaid, certain persons, whose names to the jurors aforesaid are yet unknown, upon the said, &c. and at and upon divers other days and times between that day and the day of taking this inquisition, with force and arms, at, &c. aforesaid, that is to say, at the last-mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near the said part of the last-mentioned public road and king's common highway, lying and being within, &c. aforesaid, to which the said last-mentioned house and yard are near adjoining, as last aforesaid, did unlawfully and injuriously lay, place, and put several other quantities of offals and pieces of stinking carrion, and dead carcases of beasts and other filth;

and that the said J. B. well knowing the premises last afore[ 646 ] said, but being such person as aforesaid, upon the said, &c.

with force and arms, at, &c. aforesaid, to wit, at the said last mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near the said part of the said last-mentioned road and king's common highway, lying and being within, &c. aforesaid, to which the said last-mentioned house and yard are near and adjoining, as last aforesaid, several quantities of offals, entrails, and pieces of stinking carrion, and dead carcases of beasts and other filth, so as aforesaid there laid, placed, and put by the said persons, whose names to the said jurors are as yet unknown, did unlawfully, wilfully, knowingly, and injuriously, permit and suffer, and still doth permit and suffer, there to be

and remain, to wit, at, &c. aforesaid, to the common puiFourth count, for sance, &c. [Conclusion as post, 646,7.] And the jurors, &c. placing offal, &c. do further present, that, &c. (Stating the highway, as ante, merely.

576 or 593.] And the jurors, &c. do further present, that

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upon the said, &c. at, &c. aforesaid, there was, and long before had been, and ever since hath been, and still is a certain house, commonly called T. house, and a certain yard to the same house belonging, which said last-mentioned house and yard are near adjoining to a certain part of the aforesaid lastmentioned public road and king's common highway, lying and being at, &c. aforesaid, to wit, at a certain place, situate within, &c. aforesaid. And the said jurors, &c. do further present, that the said J. B. well knowing the premises last aforesaid, but being such person as aforesaid, upon the said, &c. and at and upon divers other days and times between that day, and the day of taking this inquisition, with force and arms, at, &c. aforesaid, that is to say, at the said last-mentioned house, commonly called T. house, and at and within the said yard to the same house belonging, and also by and near the said part of the said last-mentioned road and king's common highway, lying and being at, &c. aforesaid, to wit, at the said place, there situate, within, &c. aforesaid, and to which the said last-mentioned house and yard are near adjoining, as last aforesaid, did 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 carcases of beasts, and other filth, by reason whereof the air at and near the said part of the said lastmentioned public road and king's common highway, lying and being at T. aforesaid, to wit, at the said place, there situate, within, &c. aforesaid, and to which the said last-mentioned house and yard are near and adjoining, as last aforesaid, upon the said, &c. and at and upon the said divers other days and times between that day and the day of taking this inquisition, at, &c. aforesaid, was and yet is filled, tainted, and impregnated with noxious, hurtful, and offensive stinks and smells, to the common nuisance of all the liege people and subjects of our said present sovereign lord the now king, going, passing, and repassing, in, upon, through, and along the said part of the said last-mentioned public road and king's common highway, lying and being at T. aforesaid, to wit, at the said place, there situate, within, &c. and to which the said last-mentioned house and yard are near and adjoining as last aforesaid, in contempt of our said present sovereign lord the king and his laws, to the evil and pernicious example, &c. and also against the peace of our said present sovereign lord the king, his crown and dignity.

[ 647 ]

The like for keeping dogs which made noises in the night.

[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 uoises, 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,

For keeping hogs near a public street (a).

[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 unwbolesome 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 comnion highways there, to the evil example, &c. and against the peace, &c.

For killing sheep

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 and street, leaving the carcases, dwelling-houses of divers liege subjects of our said lord the &c. there (b). [ 648]

king, and also near a certain open and public street and road 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 uplawfully 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. (us in first count.)

(a) Cro. C. C. 8th edit. 305. 7th edit. 533. 2 Stark. 686. This is an offence at common law. 2 Ld. Raym. 1163.

(6) 4 Wentw. 225. See an

indictment of this nature, ante, 629, and see the precedent and notes, ante, 613. I Stra.

686.

That H. H. late of, &c. on, &c. and on divers other days Against a butand times then before, at, &c. in a certain shop of bim the his shop as a

slaughter-house in a public

market(a). (a) Cro. C. C. eth edit. 301. And see ante, 629, and the 7th edit. 519. 2 Stark, 687. precedent and note, ante, 643.

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