Page images
PDF
EPUB

said, to wit, in a certain common and public highway there, called Bishop's Wharf, unlawfully and injuriously did put, place, and leave, and caused and procured to be put, placed, and left, divers large quantities of dung and filth, whereby divers noxious and unwholesome smells from the said dung and filth did then and there arise, and thereby the air there became and was greatly corrupted and infected; to the great damage and common nuisance not only of all the liege subjects of our said lady the Queen inhabiting and residing near the place where the said dung and filth was so put, placed, and left as aforesaid, but also of all other liege subjects of our said lady the Queen, in, by, and through the said highway, and near the place aforesaid, going, returning, passing, and repassing, and against the peace, &c.

Indictment for keeping a furious Dog unmuzzled near a Highway.

That J. B. late of, &c. on, &c. and on divers other days and times between that day and the day of the taking of this inquisition, at, &c. aforesaid, near unto the queen's common highway there, unlawfully did keep, and still doth keep, a certain large dog, of a very fierce and furious nature, and the said dog, on, &c. and on the said other days and times, at, &c. aforesaid, near unto the said highway there, unlawfully did permit and suffer, and still doth permit and suffer, to go unmuzzled, and at large, he the said J. B. at the said several days and times well knowing the said dog to be of a very fierce and savage nature and disposition, and prone to bite, worry, and injure all persons passing and repassing on the said highway, by reason whereof the liege subjects of our said lady the Queen, on the said, &c. at, &c. aforesaid, could not, nor can they now, go, return, pass, and labour in and through the said highway there, without great hazard and danger of being bit, maimed, and torn by the said dog, and losing their lives; to the great damage, terror, and common nuisance, &c. and against the peace, &c.

Indictment for keeping Hogs near a public Street.

That H. D. 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

private rights, Weld v. Hornby, 7 East, 199; Bliss v. Hall, 5 Scott, 500; 4 Bing. N. C. 183; Elliotson v. Feetham, 2 id. 134; 2 Scott, 174; Leeds v. Shakerley, Cro. El. 751; R. v. Cross, 3 Campb. 227; 1 Russ. C. & M. 305; though in R. v. Neville, Peake, C. N. P. 91, Lord Kenyon said, that in neighbourhoods where offensive trades have been borne with for many years, they are not indictable nuisances unless materially increased by a new ma nufacture; and see R. v. Watts, M. & Malk. 281. But length of time, accompanied by particular circumstances of public convenience of one kind, opposed to the public inconvenience of another, will sometimes go a great way in making both judges and jurors very unwilling to convict. One case is instanced in R. v. Smith, 4 Esp. 111, and another is continually occurring respecting the subject of this precedent; viz. the deposit

of dung, fish, sea-weed, and other descriptions of manure for short periods near the places where they are collected, in order to be taken to neighbouring fields for the improvement and promotion of agriculture. Large quantities of manure are frequently collected in large cities, and laid in heaps on the banks of canals and navigable rivers, for conveyance by barges and boats. In these, and such like instances, the general benefit appears to counterbalance the local inconvenience, especially if the offensive matter remain no longer on each occasion than the necessity of the case requires. But see R. v. Gore (the Puddledock case), K. B. 1836; Knowles for the defendant; and R. v. Pollock and others, Q. B. Trin. 1838, Gas Works in Westminster, referred to Mr. Starkie: also R. v. Ward, 4 Ad. & E. 384; 6 Nev. & Man. 38.

FF

the dwelling-houses of divers liege subjects of our said lady the Queen, and also near divers public streets and common highways there, did keep and yet doth keep divers, to wit, six hogs; and the said hogs then and there, to wit, on, &c. and on the said other days and times, at, &c. aforesaid, unlawfully and injuriously did feed, and yet do feed, with the offal of fish, 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, &c. and against the peace, &c.

Indictment for knowingly keeping an unruly Bull in a Field through which there was a public Footway.

And that the said

That R. O. late of, &c. on, &c. and on divers other days and times, between that day and the day of the taking of this inquisition, unlawfully did keep at large, and still doth keep at large, a certain bull, of a very fierce, furious, and unruly nature, in a certain open field called the Milking Pasture, situate, lying, and being at the parish of N. in the said county of M. (the same field on the days and times aforesaid, and still, being in the possession and occupation of him the said R. O.) and that before and at the time of committing of the offence hereafter mentioned, there was, and still is, a certain ancient common and public footway, leading from the town of M. in the parish aforesaid, through and along the said field, towards and unto the town of B. in the same county, used for all the liege subjects of our said lady the Queen to pass and repass in, through, over, and along the same at their free will and pleasure, about their lawful affairs and business. bull, on, &c. at, &c. furiously ran at, to, and against one W. T. D. a liege subject of our said lady the Queen, then passing in and along the said footway, in the said field, about his lawful affairs and business; and then and there, with its head and horns furiously pushed at, cast down, and prostrated the said W. T. D. there, and greatly hurt, bruised, gored, and wounded the said W. T. D. in and upon the left shoulder of him the said W. T. D. insomuch that his life was greatly despaired of. And the jurors, &c. that the said bull afterwards, to wit, on, &c. and on the said other days and times above mentioned, at, &c. so being in the said field, and of such nature as aforesaid, furiously ran at and after divers other liege subjects of our said lady the Queen, then passing and repassing in and along the said footway, in the said field there, about their lawful affairs and business, and thereby greatly affrighted, terrified, and alarmed the said last mentioned subjects; and divers other liege subjects of our said lady the Queen, on the days and times aforesaid, having occasion to pass and repass in and along the said footway in the said field, could not, nor can they now, pass or repass in and along the same without great hazard and danger of being torn, gored, and wounded by the said bull, (he the said R. O. on the said days and times respectively above mentioned, and long before, and still, well knowing the said bull to be of such fierce, furious, and unruly nature, and accustomed to run at and after, and injure persons passing and repassing over, through, and along the said field there;) to the great terror and common nuisance of all the liege subjects of our said lady the Queen passing and repassing in and along the said footway, in the said field there, and against the peace, &c.

Indictment for exposing a Child infected with Small-Pox in the Public Streets (c).

That on, &c. E. R. an infant of tender age, to wit, about the age of four years, was infected, ill, and sick of and with a certain contagious, infectious, and dangerous disease and sickness, called the small-pox, at, &c. And that M. B. the wife of C. B. late of, &c. aforesaid, having the care and nurture of the said E. R. well knowing the premises aforesaid, afterwards, and whilst the said E. R. was so infected, ill, and sick as aforesaid, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, unlawfully and injuriously did take and carry the said E. R. into and along a certain open public street and passage, called Market-street, situate in the parish of St. John, in the town of N. in the county of N. aforesaid, used for all the liege subjects of our said lady the Queen, on foot, to go, return, and pass in, along, and through, in which said public street and passage there were divers liege subjects of our said lady the Queen, and near unto and by divers dwelling-houses, habitations, and residences of divers liege subjects of our said lady the Queen, then there dwelling, inhabiting, and residing, and unto and into a certain common highway, situate and being in, &c. aforesaid, used for all the liege subjects of our said lady the Queen, on foot, and with horses, coaches, carts, and carriages, to go, return, pass, ride, and labour in, along, and through, and in and along which said common highway there, divers liege subjects of our said lady the Queen were then going, returning, passing, riding, and labouring, and amidst and among divers liege subjects of our said lady the Queen, who then and there, to wit, in the same common highway, in the parish and county aforesaid, had met and assembled together; and that the said M. B. afterwards, and whilst the said E, R. was so infected, ill, and sick as aforesaid, to wit, on, &c., and on divers other days and times, between that day and the day of in the same year, at, &c. aforesaid, wrongfully and injuriously did take and carry the said E. R. into and along the aforesaid open and public street and passage, called, &c. and near unto and by the aforesaid dwelling-houses, habitations, and residences of divers liege subjects of our said lady the Queen, there dwelling, inhabiting, and residing, and also near unto and by divers liege subjects of our said lady the Queen, in the said open and public way and passage, on, &c. and on the said other days and times there being, to the great and manifest danger of infecting with the said contagious, infectious, and dangerous disease and sickness called the small-pox, all the liege subjects of our said lady the Queen, who, on the several days and times aforesaid, were in and near the aforesaid open and public way and passage, dwelling-houses, habitations, residences, and common highway, and who had not had the said disease and sickness; to the great damage and common nuisance, &c. and against the peace, &c. And the jurors, &c. that the said M. B. well knowing that the said E. R. was so infected, ill, and sick as aforesaid, afterwards, and whilst the said E. R. was so infected, ill, and sick, to wit, on the said, &c., and on divers other days and times between that day and the said, &c. in the same year, with force and arms, at, &c. aforesaid, unlawfully and injuriously did take and carry the said E. R. into and

(c) See R. v. Vantandillo, 4 M. & S. 73; R. v. Sutton, 4 Burr. 2116; R. v.

Barrett, 4 M. & S. 272.

along the aforesaid open public way and passage, called, &c. situate and being, &c. and near unto and by the aforesaid dwelling-houses, habitations, and residences of divers liege subjects of our said lady the Queen, there dwelling, inhabiting, and residing, and also near unto and by divers liege subjects of our said lady the Queen, in the said open public way and passage, on, &c. and on the said other days and times as last mentioned, there being, to the great and manifest danger of infecting with the said contagious, infectious, and dangerous disease and sickness called the small-pox, divers of the liege subjects of our said lady the Queen, who on the said, &c. and on the said divers other days and times last mentioned, were in the said open and public way and passage, and who dwelled, inhabited, and resided there and near thereto, and who were liable to take the said disease and sickness; to the great damage and common nuisance, &c. and against the peace, &c.

SECTION XX.

OFFICES REFUSING TO ACCEPT, ABUSING, OR NEGLECTING.

1. Refusing to accept Offices.

2. Committing Extortion, Oppression, or Fraud in Offices.

3. Neglecting the Duties of Offices.

1. Refusing to accept Offices.]-The refusal to accept offices which parties are liable to serve, and to which they are duly appointed, is an indictable offence. Thus a person duly chosen is indictable for refusing to take on himself the office of constable of a parish which he inhabits (d); or the office of overseer of the poor (e), or any other ministerial office; but notice of the appointment must first be given him; and the indictment must show the duty he has violated, by setting out the mode in which he was appointed, and how he became hable to serve (ƒ).

Indictment against a Person for refusing to take upon himself the Office of Chief Constable, being duly elected at the Quarter Sessions.

That at the general quarter session of the peace holden at [caption of the session], one A. B. of the parish of C. within the hundred of O. in the county of M. aforesaid, yeoman, then and long before being an inhabitant, and residing in the said parish of C. within the hundred and county aforesaid, and an able and proper person to execute the office of chief constable within the said hundred, was in due manner elected (g) by the justices above named, at the same session, to be

(d) R. v. Harper, 5 Mod. 96. Refusing to take the oath of office is primá facie evidence of refusal to take on himself the execution of it, and that refusal need not be stated in the indict

ment, R. v. Brain, 3 B. & Adol. 614.
(e) R. v. Jones, 2 Str. 1145.
(f) R. v. Harper, 5 Mod. 96.
(g) Ibid. See R. v. MacArthur, Peake's
C. N. P. acc. The special circumstances

one of the chief constables of the hundred aforesaid, in the room and instead of one C. D. whereof he the said A. B. afterwards, to wit, on the same day, and in the year aforesaid, at the parish aforesaid, within the hundred and county aforesaid, had notice; nevertheless the said A. B. his duty in that behalf not regarding, but contriving and intending wholly to neglect to serve the said office of chief constable, on the said. day of in the - year aforesaid, and continually afterwards, until the day of the taking of this inquisition, at the parish aforesaid, within the hundred and county aforesaid, unlawfully, wilfully, obstinately, and contemptuously did wholly neglect and refuse to take upon himself and to execute the said office of chief constable, within the said hundred of O. in the county aforesaid; to the great hindrance of public justice, and against the peace, &c.

Indictment for refusing to take the Oath of Constable of a Manor, to which Office Defendant was duly elected at a Court-leet, and for refusing to be sworn into Office, after a Certificate from the Steward to two Justices, and Notice to do so (h).

That on, &c. at a court-leet of Sir T. L. knight and baronet, lord of the manor of H. in the said county of W. then held in and for the said manor of H. before P. Q. gentleman, then being steward of the said court of the said Sir T. L. lord of the said manor, T. O. late of, &c. within the manor aforesaid, in the county aforesaid, baker, according to the custom of the said manor, was duly nominated and elected by R. R., S. S., &c. [the names of the jurors] the jury then and there duly sworn at the said court-leet, as well for our said lady the Queen, as for the said lord of the said manor, according to the custom of the said manor, one of the constables of the said manor of H. for the year then next ensuing (he the said T. O. then being an inhabitant and resident of and within the said manor, and a fit person to be so nominated and elected, and a person liable to be nominated and elected to the said office), to wit, &c.; and that afterwards, to wit, on, &c. at the parish aforesaid, in the manor and county aforesaid, the said T. O. had notice from the said P. Q. so being steward as aforesaid, of such his nomination and election as aforesaid; and that afterwards, to wit, on, &c. at, &c: aforesaid, in the manor and county aforesaid, the said P. Q. then being such steward as aforesaid, did certify under his hand and seal to Sir A. H. baronet, and the Rev. C. S. clerk, two of her majesty's justices of the peace, assigned, &c. in said county of W. in petty sessions assembled at K. in the said county of W. that the said T. O. had, according to the custom of the said manor, been appointed at a court-leet held in and for the said manor of H. on, &c. constable of the said manor of H. whereupon the said Sir A. H. baronet, and C. S. clerk, the justices aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, did make and issue a certain summons under their hands and seals directed to the constable of H. aforesaid, for that time being, thereby requiring him the said constable forthwith to summon the said T. O. to appear before them the said Sir A. H. baronet, and C. S. clerk, being such justices as aforesaid, at the session-house in K. aforesaid, on, &c. by one of the clock in the afternoon of the

of the election, and of the notice of it, must be set forth, 2 Haw. c. 10, s. 46; Bac Ab. tit. Constable (A). Ante, tit.

Escapes, and next form.

(h) See R. v. Mosley, Bart., 3 Ad. & El. 488.

« PreviousContinue »