which makes such burning dangerous to others. A commits a common nuisance.

(4.) 1 A, a baker, under contract to supply children at a military asylum with bread, delivers loaves into which his servant, to his knowledge, has introduced alum. A commits a common

nuisance.

2

(5.) A keeps in a warehouse in the City of London large quantities of a mixture of spirits of wine and wood naphtha, forming a substance more inflammable than gunpowder, and of such a nature that a fire lighted by it would be practically unquenchable. A commits a common nuisance, although he uses the most scrupulous care to avoid accidents.

ARTICLE 209.

NUISANCES BY OFFENSIVE TRADES.

3 Every one commits a common nuisance who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and under such circumstances as to annoy any considerable number of persons in the exercise of rights common to all Her Majesty's subjects.

ARTICLE 210.

NUISANCES TO HIGHWAYS.

Every one commits a common nuisance who obstructs any highway, by any permanent work or erection thereon or injury thereto, which renders the highway less commodious to the public than it would otherwise be; or who prevents them from having access to any part of it by an excessive and unreasonable temporary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely, or who does not repair a highway which he is bound to repair.

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1 R. v. Dixon, 1814, 3 M. & S. 11. See, too, R. v. Crawley, 1862, 3 F. & F. 109; R. v. Jarvis, 1862, 3 F. & F. 108.

2 Lister's Case, 1887, 1 D. & B. C. C. 209.

3 1 Russ. Cr. 438, &c., and see Oke's Synopsis, p. 554, as to the summary punishment for such a nuisance under the Public Health Act.

4 1 Russ. Cr. 477-511.

Illustrations.

Each of the following acts is a nuisance to a highway: (1.) 1 Digging a ditch, or making a hedge across it, or ploughing it up.

(2.) 2 Allowing waggons to stand before a warehouse for an unreasonable time so as to occupy great part of the street for several hours by day and night.

(3.) 3 Keeping up a hoarding in front of a house in a street for the purpose of repairs for an unreasonable time.

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(4.) Excavating an area close to a footpath, and leaving it

unfenced.

(5.) 5 Blasting stone in a quarry so as to throw stones upon the houses and road.

ARTICLE 211.

NUISANCES TO BRIDGES.

6 Every one is guilty of a common nuisance who, being bound by law to repair a bridge, leaves it unrepaired.

ARTICLE 212.

NUISANCES TO NAVIGABLE RIVERS.

7 Every one is guilty of a common nuisance who wilfully diverts or obstructs the course of any navigable river 8 so as appreciably to diminish its convenience for purposes of navigation, even though the alteration may, upon the whole, be for the convenience of the public; but the owner of a vessel wrecked in a navigable river is not guilty of a common nuisance because he does not remove it.

11 Russ. Cr. 469.

2 R. v. Russell, 1805, 6 East, 427.

3 R. v. Jones, 1812, 3 Camp. 230.

4 Barnes v. Ward, 1850, 9 C. B. 392.

5 R. v. Mutters, 1864; L. & C. 491.

9

61 Russ. Cr. 530-557, where the whole law as to the liability to repair different classes of bridges is discussed.

7 1 Russ. Cr. 521.

8 R. v. Randall, 1842, C. & M. 496; R. v. Russell, 1854; 3 E. & B. 942. 9 R. v. Watts, 1798, 2 Esp. 675; White v. Crisp, 1854, 10 Ex. at p. 321; Brown v. Mallett, 1848, 5 C. B. 599. White v. Crisp and Brown v. Mallett are not altogether consistent on the further question as to the duty of the owner to buoy his vessel, or otherwise provide against other vessels striking on it.

1

ARTICLE 212A.

NUISANCES IN THE POST OFFICE.

Every person is guilty of a misdemeanor, and is liable to imprisonment with hard labour for twelve months, who (1) places or attempts to place in or against any post office letter box, any fire, match, light, explosive, or dangerous substance, filth, noxious or deleterious substance, or any fluid, or commits a nuisance in or against a post office letter box, or does, or attempts to do anything likely to injure the box, appurtenances, or contents, or

(2) sends or attempts to send a postal packet which encloses any explosive or dangerous substance, filth, noxious or deleterious substance, sharp instrument not properly protected, any living creature which is noxious or any living creature or thing likely to injure other postal packets in course of conveyance, or an officer of the Post Office.

147 & 48 Vict. c. 76, ss. 3, 4.

CHAPTER XX

1 VAGRANCY

ARTICLE 213.

IDLE AND DISORDERLY PERSONS.

2 AN idle and disorderly person is a person who

(a.) being able, wholly or in part, to maintain himself or his family by work or otherwise, wilfully refuses or neglects so to do, by which refusal or neglect he or any of his family whom he may be legally bound to maintain becomes chargeable to any parish, township, or place; or

(b.) who returns to, and becomes chargeable in any parish, township, or place whence he has been legally removed by order of two justices of the peace, unless he produces a certificate of the churchwardens and overseers of the poor of some other parish, township, or place, thereby acknowledging him to be settled in such other parish, township, or place; or

(c.) who, being a petty chapman or pedlar, wanders abroad and trades without being duly licensed or otherwise authorized by law; or

(d.) who, being a common prostitute, wanders in the public street or public highways or any place of public resort, and behaves in a riotous or indecent manner; or

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(e.) who wanders abroad, or places himself in any public place, street, highway, court, or passage, to beg or gather alms, or causes or procures any child so to do; or

13 Hist. Cr. Law, 266-275. As to the summary punishment of offences and for the decisions applicable to this chapter, see Oke's Synopsis, pp. 654-662.

25 Geo. 4, c. 83, s. 3.

3 The wandering, &c., must be as a habit of life. Persons who go about collecting alms for a specific purpose, and not as a way of life, are not within the statute. Pointon v. Hill, 1884, 12 Q. B. D. 306.

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(f) who, being a pauper,

(i.) absconds or escapes from, or leaves any casual ward before he is entitled to discharge himself therefrom; or

(ii.) refuses to be removed to any workhouse or asylum under the provisions of the "Pauper Inmates Discharge and Regulation Act 1871" (34 & 35 Vict. c. 108); or

(iii.) absconds or escapes from, or leaves any workhouse. or asylum during the period for which he may be detained therein; or

(iv.) refuses or neglects, whilst an inmate of any casual ward, workhouse, or asylum, to do the work or observe the regulations prescribed; or

(v.) wilfully gives a false name, or makes a false statement, for the purpose of obtaining relief.

ARTICLE 214.

ROGUES AND VAGABONDS.

A rogue and vagabond is a person who

(a) commits any of the offences in the last Article mentioned, after having been convicted as an idle and disorderly person; or

(b.) pretends or professes to tell fortunes, or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on any of Her Majesty's subjects; or

(c.) wanders abroad and lodges in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself;

or

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(d.) wilfully exposes to view in any street, road, highway, or public place, or in the window or other part of any shop,

1 34 & 35 Vict. c. 108, s. 7.

25 Geo. 4, c. 83, s. 4.

3 i.e., “by palmistry, or by contrivances to deceive other than palmistry, provided they are of the same general character as is indicated by the earlier words of the statute," per Pollock, B., in Monck v. Hilton, 1877, 2 Ex. Div. 268. In this case the person convicted called himself a "Spiritualist," and had a fixed residence.

+1 & 2 Vict. c. 38, s. 2.