8578. Special Licence.-The keeping of gunpowder, petroleum, fireworks, and other similar substances, may be permitted, in limited quantities, under special licence.

EXHIBITIONS.

8579. A theatre, or music hall, or any other place of exhibition, which is improperly conducted, with unusual noise or impropriety, may be suppressed, unless it be specially licensed; and

8580. Monsters and Deformities.-The exhibition of a monster, or any extremely deformed person, for money, is not only a nuisance, but a misdemeanour, and may be indicted as such.

8581. Embalmed Child.—A monstrous child, which had died, was embalmed and kept for a show, and not only was the showman punished, but the body was ordered to be buried.

8582. Horrible Pictures.--A herbalist, who had publicly exposed and exhibited in his shop a picture of a man, naked to his waist, and covered with irruptive sores, so as to constitute an offensive and disgusting exhibition, was held guilty of a nuisance, although there was nothing immoral or indecent in the picture, and his motive was pronounced to be innocent.

DISORDERLY PERSONS.

8583. Houses of Ill Fame.-Houses of ill fame are public nuisances, and the keepers thereof may be indicted, and the houses suppressed.

8584. Lewdness.-Open and notorious lewdness of speech or conduct is a public nuisance; as is also

8585. Unseemly Exposure.-Any unseemly exposure of the per

son; and

8586. Rogues and Vagabonds.--A man may be punished as a rogue and vagabond who wilfully exposes his person in any public place, or in view thereof, with intent to insult any female.

8587. Indecent Bathing.-Bathing in an open water, within view of passers by or inhabitants of neighbouring houses, is a public nuisance.

8588. Common Scolds.-A common scold (presumably of the female sex), who frequently indulges in public declamation and noisy exhibitions of passion, to the annoyance of neighbours, may be indicted as a public nuisance.

INFECTIOUS DISEASES.

8589. Small-Pox.-A person who carries another who is suffer

ing from small-pox along a public way, in which persons are passing, or near to inhabited houses, in such a manner as to risk spreading the infection, may be indicted for committing a nuisance; and

8590. Secondary Parties. It is expressly decided that any person who is in attendance upon a case of small-pox, and who incites others to carry or convey the patient in such a manner as to risk spreading the infection, is liable to indictment and imprisonment.

LODGING-HOUSES.

8591. Injurious to Health.-Common lodging-houses, which are so crowded with lodgers, or so badly constructed, or so badly conducted, as to be injurious to the health of their inhabitants or neighbours, are indictable nuisances (9530).

AGGRIEVED PERSONS.

8592. Old Dictum.-Formerly it used to be thought that if a man knew there was a nuisance, and went and lived near it, he could not recover, because it was said "It is he that goes to the nuisance, and not the nuisance to him," but such is not the law now; for,

8593. Delinquents Answerable.-Every person who commits a nuisance is liable to answer for and stay the same, whether very recent or not, or whether originated by a previous occupier or not, unless he is exonerated by a distinct prescription.

PRESCRIPTION.

8594. Twenty Years.-In order to obtain a prescription to carry on a trade, or do anything which is by common law esteemed to be a nuisance, it must be proved that the trade or thing has been carried on or done for a period of not less than twenty years; and

8595- Without Interruption.-The defendant must prove that during such period he or his predecessor has not been effectually interrupted in the exceptional right which he claims; notwithstanding,

8596. No Exoneration.-There can be no prescription to entitle any person to commit such a public nuisance as may be defined as such by any Act of Parliament, relative to which no length of time can operate as a licence.

PUBLIC NUISANCES.

8597. Nuisances which are statutory "public" nuisances, espe

cially those which are distinctly prejudicial to public health, may be abated, stayed, or removed by the public authorities (8604) under "The Nuisances Removal and Diseases Prevention Acts."

ENUMERATION.

8598. Public nuisances are categorically set forth, and their leading principles are as follow :

8599. Any premises in such a state as to be a nuisance or injurious to health. 8600. Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or ashpit, so foul as to be a nuisance or injurious to health.

8601. Any animal so kept as to be a nuisance or injurious to health. 8602. Any accumulation or deposit which is a nuisance or injurious to health.

EXCEPTED NUISANCES.

8603. Public Advantage (!).—Regard for the profit and convenience of persons carrying on any manufacture, presumed to be a public advantage, has led to the following proviso:

"Provided always that no accumulation or deposit as shall be necessary for the effectual carrying on of any business or manufacture, shall be punishable as a nuisance, when it is proved to the satisfaction of the justices that the accumulation or deposit has not been kept longer than is necessary for the purposes of such business or manufacture, and that the best available means have been taken for protecting the public from injury to health thereby."

REMEDIES.

8604. Public Entry.-When there is information or suspicion that there is a public nuisance upon any premises, the local authorities by their officers are entitled to entry for purposes of inspection ;

and

8605. By Magistrates.—In all cases where the existence of a public nuisance is proved, the local magistrates have power to order its peremptory removal.

8606. By Requisition.—When an occupier is aggrieved by a nuisance of a public character, he should give notice to the local authorities, and call upon them or urge them to take proceedings on public grounds; otherwise,

PERSONAL PROCEEDINGS.

8607. Notice to Delinquent.—If, from any chance, a nuisance is such that the local authorities cannot, or will not, interfere with it, the aggrieved occupier should give formal notice of the nuisance to the offending party, with a request for it to be stayed or removed; for,

8608. No Notice Admissible Defence.-It may be an admissible defence to an indictment or action for a nuisance that the defendant has received no notice of it previously to the commencement of proceedings.

8609. Indictment or Action.-After notice of a nuisance has been duly given, verbally or in writing, and the nuisance continues, proceedings may be taken either by indictment, with a view to fine or imprisonment, or by action, with a view to damages, or an injunc tion to discontinue the nuisance.

8610. Numerous Difficulties.—It is often difficult to establish a claim for redress for a nuisance; but,

STRONG CASES.

8611. Magistrates.-When there is a strong case, the powers of magistrates to stay and punish are very wide; and

8612. Damages and Injunctions.-The power of the courts to award heavy damages, and to enforce injunctions, in cases of proved nuisances, is unbounded.

LIABILITY OF LANDLORDS.

8613. When a nuisance of a public character arises from premises being improperly constructed or out of repair, the landlord is responsible for the abatement or removal of the nuisance; but,

8614. Leaseholders. For purposes relating to public nuisances, any leaseholder for the time being is the reputed landlord for the several purposes of the Acts; and

8615. Entry to Remove.-When a landlord is notified by the public authorities to abate or remove a nuisance, the tenant of the premises is legally bound to permit the entry of the landlord for the purpose of removing or abating the nuisance; for,

8616. Obstruction of Remedy.-Whoever wilfully obstructs any person acting under a public authority for the removal or abatement of a public nuisance, is liable for every separate offence to a penalty of £5.

SUPPRESSED NUISANCES.

8617. Before Action.—If a man commits a nuisance and afterwards does away with it before action brought, the cause of action for an existing nuisance is of course extinguished; but,

8618. After Action.-The suppression of a nuisance by a defendant after action already commenced in respect of such nuisance, will not exonerate the defendant from answering to the action, should it be proceeded with; and,

8619. Past Damage.-Though a nuisance be entirely suppressed, he who committed it is none the less liable to answer for the damage which it actually caused previously to its suppression, for which damage he is liable to proceedings accordingly.

OBSTRUCTIONS AND ENCROACHMENTS.

8620. The rights and remedies of occupiers with regard to obstructions and encroachments may be sought for to some extent under the heads of roads (390), fences (569), and trees (671).

RIGHTS OF WAY.

8621. Removal of Obstructions.-If a way is stopped along which an occupier has a right to pass, such occupier is entitled to pull down and remove the lock, gate, fence, or other obstruction which may have been placed there; and

8622. Destruction of Obstructions.-To destroy such obstruction with a view to prevent its being readily replaced; and

8623. Resistance Unlawful.-When a person, in the exercise of his undoubted right, removes or destroys an obstruction to a roadway, wilful resistance to his doing so is legally an assault, and may be punished accordingly; but,

PUBLIC HIGHWAYS

8624. Limited Right.-A private individual cannot legally, of his own authority, abate an obstruction in a public highway, unless it does him a special injury; and

8625. Restricted Interference.-He can only interfere with it as far as is necessary to enable him to exercise his right of passage along the highway.

8626. Damages. Wherever a special or particular damage is sustained by a private individual by reason of a public obstruction, an action for damages is maintainable; thus,

HINDRANCE TO CUSTOMERS.

8627. Approach to a Colliery.-It has been held that the prevention of customers from coming to a colliery, by obstructing a public highway, whereby the benefit of the colliery was lost, and the