accompanied with a wilful breach of the peace, is no forfeiture of the recognizance. Neither are mere reproachful words, as calling a man a knave or liar, any breach of the peace, fo as to forfeit a recognizance, (being looked upon to be the effect of unmeaning heat and paflion) unless they amount to a challenge to fight.

The furety for good behaviour includes fecurity for the peace, and fomewhat more. Juftices are empowered by the 34 Edw. III. c. I. to bind over to the good behaviour towards the king and the people, all them that be not of good fame, whereever they be found; to the intent that the people be not troubled or endamaged, nor the peace diminished, nor merchants and others, paffing by the highways of the realm, be disturbed nor put in the peril which may happen by fuch offenders. Under the general words of this expreffion, that be not of good fame, it is holden, that a man may be bound to his good behaviour for causes of fcandal against moral propricty, as well as against the peace, as for haunting bawdy-houfes with women of bad fame; or for keeping fuch women in his own houfe; or for words tending to fcandalize the government; or in abuse of the officers of juftice, efpccially in the execution of their office. Thus alfo a juflice may bind over all night-walkers, eavesdroppers, fuch as keep fufpicious company, or .are reputed to be pilferers or robbers, fuch as fleep in the day, and wake in the night, common drunkards, whoremafters, the putative fathers of baftards, cheats, idle vagabonds, and other perfons, whofe mifbehaviour may reasonably bring them within the general words of the ftatute, as perfons not of good fame: an expreffion, it must be owned, of fo great a latitude, as leaves much to be determined by the difcretion of the magistrate himfelf. But if he commits a man for want of furetics, he must exprefs the caufe with convenient certainty; and take care that fuch cause be a good one.

A recognizance for the good behaviour may be forfeited by all the fame means, as one for the fecurity of the peace; and alfo by fome others. As, by going armed with unufual attendance, to the terror of the people; b fpeaking words tending to fedition; or by committing any of thofe acts of mifochaviour, which the recognizance was intended to prevent. But not by barely giving fresh caufe of fufpicion of that which perhaps may never actually happen: for, though it is just to compel fufpected perfons to give fecurity to the public against mifbehaviour that is apprehended; yet it would be hard, upon fuch fufpicion, without the proof of any actual crime, to punith them as for a forfeiture of their recognizance.

NUISANCE. Nuifance, nocumentum, or annoyance, fignifies

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any

any thing that works hurt, inconvenience, or damage. And nuifances are of two kinds; public or common nuifances, which affect the public, and are an annoyance to all the king's fubjects; and private nuifances, which are defined to be any thing done to the hurt or annoyance of the lands, tenements, or hereditaments of another. In this place public or common nuifances alone will be treated of.

A common nuifance is an offence against the public, either by doing a thing which tends to the annoyance of all the king's fubits, or by neglecting to do a thing which the common good requires. Annoyances affecting particular perfons only, are not punishable by a public profecution, but are left to be redreffed by private actions.

Under the extenfive defcription of a nuisance, a great variety of offences are to be confidered, and many of them are of fufficient moment to claim particular notice.

Nuifances with respect to High-ways. It is faid there are three kinds of ways: a foot-way, which is called in Latin, iter; a pack and prime way, which is both a horfe and foot-way, called in Latin alus; and a cart-way, which contains the other two, and also a way for carts, and is called in Latin via or aditus; and this is either common to all men, and then it is called, via regia, or belongs to fome city or town, or privateperfon, and then it is called communis ftrata. It feems that any one of these ways which is common to all the king's people, whether it lead directly to a market town, or only from town to town, may be properly called a high-way, and that any fuch cart-way may be called the king's high-way; and that a nuisance in any of them is punithable by indictment in the court-leet. And in books of the best authority, a river common to all men is called a high-way; but a street built upon a perfon's own ground is a dedication of the high-way fo far only as the public has occafion for it, viz. for a right of paffage, and is not to be understood as a transfer of the abfolute poffeffion of the foil.

By the common law, the general charge of repairing all highways lies on the occupiers of the lands in the parish wherein they are. And the 13 Geo. III. c. 78. at a length, and with a minutenefs which cannot be transferred into this work, provides for the repair of high-ways by the appointment of commiflioners, furveyors, and other proper officers, who are enabled to require om certain inhabitants of every parifh the performance of neceffary duties in refpect to the reparation of ways, and to receive certain compofitions or contributions from those who cannot perform them. Juftices are alfo empowered to levy rates for extraordinary charges, and fines may be impofed. for non-performance of the duty.

All

All injuries whatsoever to any high-way, as by digging a itch, or making a hedge over thwart it, or laying logs of timber in it, or by doing any other act which will render it lefs commodious to the king's people, are public nuifances at common law.

There is also a particular nuisance created by ftatute, namely the drawing of a travelling carriage with more than fix horfes in length, the permitting which occafioned the carrying of fuch exceffive loads in fuch carriages, that the weight in many places rendered the roads impaflable. On this fubject the ftatute already mentioned has provided, that no waggon, having the fole or bottom of the fellies of the wheels of the breadth of nine inches, fhall be drawn with more than eight horfes ; and no cart, having the fole of the fellies of the breadth of fix inches, and rolling on each fide a furface of nine inches, with more than five horfes; no waggon, having the fole of the fellies of the breath of fix inches, and rolling on each fide a furface of nine inches, be drawn with more than feven horses; and no fuch waggon rolling a furface of fix inches only shall be drawn with more than fix horses; no cart having the fole of the fellies of the breadth of fix inches fhall be drawn with more than four horfes; no waggon having the fole of the fellies of less breadth than fix inches fhall be drawn with more than five horses; no cart having the fole or bottom of the fellies of lefs breadth than fix inches fhall be drawn with more than three horses upon high-ways, not being turnpike roads ; under pain that the owner of fuch waggon or cart refpectively fhall forfeit five pounds, and the driver, not being the owner, for every horfe or beaft which fhall be fo drawing above the number limited, ten fhillings to the ufe of the informer: but carriages moving upon wheels or rollers of the breadth of fixteen inches on each fide, with flat furfaces, are allowed to be drawn with any number of horses, or other cattle. The profecution is to be commenced before a justice within three days after the fact, and any action, within a month; and notice must be given to the owner or driver, on the very day that fuch information or action is in

tended.

For the, prevention of accidents by the carelessness of drivers, and affording the means of bringing them to punishment for misbehaviour, many excellent provifions are made, fuch as obliging the owner to infcribe his name, with a certain number, on every cart, and directing the driver to be in fuch a fituation as to retain a proper command over the horfes; and not riding on the cart, or deferting it; or by any negligence or misbehaviour rendering likely, much less contributing

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contributing to the injury of others. The offences in thefe refpects are punished with fines to be recovered in a fummary way before juftices of the peace.

Nuifances in Turnpike Roads. The turnpike roads of England are placed under the management and direction of trustees, who are ufually named and appointed by the refpective acts of parliament, which are occafionally paffed for the purpose of making, repairing, and sustaining fuch par ticular roads. But the powers of thefe ftatutes being confined to feparate objects, it was thought expedient to pafs fome general laws which should apply in common to all trustees and turnpike roads throughout the kingdom. The chief ftatute on this fubject is the 13 Geo. III. c. 84. which provides with great exactness for the appointment and qualification of trustees, the regulation of carriages, weighing engines, tolls, repairs, and many other particulars; and, with refpect to nuifances, declares, that if the furveyor, or other perfon having the care of any turnpike road, fhall knowingly fuffer to be or remain, for four days in any part thereof, within ten feet on either fide of the middle of fuch road, any pofts, heaps of ftones, rubbish, or earth, fet up or raifed on or above the furface of the faid road, by which the paffage may be obstructed or confined, except pofts, blocks, ftones, or banks of earth, fixed in the ground, or raifed for fecuring horfe or foot roads, or paffages for water, and all direction pofts and ftones, fuch furveyor fhall forfeit twenty fhillings. If any perfon fhall encroach, by making any hedge, ditch, or other fence, on any turnpike road, within the distance of thirty feet from the cen tre; or fhall plough, harrow, or break up the foil of any land or ground, within fifteen feet; every perfon fo offending fhall forfeit forty fhillings to the informer, and the trustees may compel him at his own expence to remove or remedy the nuis fance. Perfons damaging mile-ftones, poils, blocks, banks, &c. forfeit not exceeding 57. nor less than ten fhillings, or for default of payment are committed to the house of correction, to be whipped and kept to hard labour not more than a month, nor lefs than feven days.

Nuifances with respect to Bridges. Of common right the charge of repairing all commen bridges lies upon the county wherein they are, unless part be within a franchife, in which cafe it is faid, that fo much as is within the franchife fhall be repaired by thofe of the franchise. A man is not bound to repair a new bridge built by himfelf for the common good; but the county is bound to repair it, if it become of public convenience. Thofe who are bound to repair bridges, muft make them of fuch height and firength, as fhall be anfwerable

fwerable to the courfe of the water, whether it continue in the old channel, or make a new one; and they are not punishable as trefpaffers for entering on any adjoining land for fuch purpofe, or for laying thereon the materials requifite for fuch repairs. Such is the provision made by common law; and by various ftatutes, the juftices in the county or place upon which the fupport and reparation of the bridge lie, are enabled to take all proper meafures for effecting thofe objects, and for prevention of nuifances and injuries.

PUBLIC HOUSES. The eftablishment of houfes for the reception of travellers, or the refort of perfons of every clafs, for honeft purposes of bufinefs or pleasure, is among the first conveniences of fociety; but as no principle is fo eafily capable of perverfion to the most immoral and dangerous ends, as that which conftitutes places of eafy and promifcuous refort, fo the regulation of public houfes is remarkably ftrict, and abundant care is taken to prevent them from becoming nuisances; or if they do degenerate into that character, to fupprefs them, and punifh the proprietors.

By the common law, the keeper of an inn may be indicted and fined, as guilty of a public nuifance, if he ufually harbours thieves or perfons of fcandalous reputation, or fuffers frequent diforders in his houfe, or takes exorbitant prices, or fets up a new inn in a place where there is no need of one, to the hindrance of other ancient and well governed inns, or keeps it in a place in refpect of its fituation wholly unfit for fuch a purpote. But any perfon may lawfully ft up a new inn, unless it be inconvenient to the public in fome of the refpects already noticed, and has no need of any licence from the king for this purpofe, for the keeping of an inn is no franchise, but a lawful trade, open to every subject; but if an inn degenerates into an ale-houfe, by fuffering diforderly tippling, it fhall be deemed as fuch; and if one who keeps a common inn, refufes either to receive a traveller as a guett into his houfe, or to find him victuals or lodging, upon his tendering a reasonable price, he is not only liable to render damages for the injury, in an action on the cafe at the fuit of the party grieved, but may alfo be indicted and fined, at the fuit of the king. Alfo it is fiid, that he may be compelled by the conftable of the town to receive and entertain fuch a perfon as his gueft, and that it is no way material whether he have any fign before his door or not, if he make it his common bufinefs to entertain paffengers.

The ftatutes 5 and 6 Edw. VI. c. 25, and 26 Geo. II. c. 31. provide that none shall be admitted or fuffered to keep any com

mon