[statute 51 Hen. III. st. 6, prohibits the sale of contagious or unwholesome flesh, or flesh that is bought of a Jew; under pain of amercement, fine and imprisonment, and abjuration of the town, according to the frequency of the offence (c). By the statute 12 Car. II. c. 25, s. 11, any adulteration of wine is punished with the forfeiture of 100%. if done by the wholesale merchant, and 401. if done by the vintner or retail trader ;] on which subject additional regulations are made by 1 Will. & M. st. 1, c. 34, s. 20. By 3 Geo. IV. c. cvi. and 6 & 7 Will. IV. c. 37, special provisions are made against the adulteration of bread, corn, meal or flour (d). By 11 & 12 Vict. c. 107, heavy penalties are imposed upon such as expose, or offer for sale, in any market or other public place, any meat unfit for human food. And a recent Act (23 & 24 Vict. c. 84), after referring to "the practice of adulterating articles of food and drink for sale in fraud of her Majesty's subjects, and to the great hurt of their health," provides generally that every person who shall sell any such article with which, to his knowledge, any ingredient or material injurious to the health of persons eating or drinking such article has been mixed, or who shall sell as pure and unadulterated any such article which is adulterated or not pure, may be fined 51. and costs on a summary conviction before two justices; -and on a second offence, the justices may cause the offender's name and address, and the offence he has committed, to be published in the newspapers, or such other way as to the justices may seem desirable (e). (c) See as to this Burnby v. Bollett, 16 Mee. & W. 644. (d) The first of these Acts relates to London; the other, to places elsewhere. We are told by Blackstone that the punishment of bakers for offences relating to bread was antiently to stand in the pillory; and for brewers, for offences relating to beer, to stand in the tumbrel, or dung cart, "which, as we learn from Domesday "Book, was the punishment for "knavish brewers in the city of "Chester, so early as the reign of "Edward the Confessor: 'Malam "cerevisiam faciens, in cathedrâ pone"batur stercoris."" (4 Bl. Com. p. 158.) (e) This Act also provides for the appointment of analysts, by whom Other species of [deceitful practice, in cozening another by artful means] have been noticed in former parts of this work-as, for example, that of obtaining property by personation, or by false pretences (g). But our limits will not allow us to pursue the subject in the present place, further than to add two instances. 1. By 32 Geo. III. c. 56, if any person shall personate a master and give a false character to a servant, or assert in writing that a servant has been hired for a period of time or in a station, or was discharged at any time, or had not been hired in any previous service, contrary to truth; or if any person shall offer himself as a servant, pretending to have served where he has not served, or with a false certificate of character, or shall alter a certificate, or shall pretend not to have been in any previous service, contrary to truth; the offenders, in any of the above cases, are liable, on conviction before two justices of peace, to be fined twenty pounds; and in default thereof to be imprisoned with hard labour, for any time not more than three nor less than one calendar month. And, 2, the false personation of voters at an election of a member of parliament, is made a misdemeanor by 6 & 7 Vict. c. 18, s. 83; and is punishable with imprisonment and hard labour for any term not exceeding two years. II. [Common nuisances, are a species of offence against the public order and economical regimen of the State; being either the doing a thing to the annoyance of all the king's subjects, or the neglecting to do a good which the common good requires (h).] They are of the class of misdemeanors; and are distinguishable from private nuisances, as being a grievance to the community at large, and not merely to particular persons (i). Of the nature of common nuisances are-1. Annoyances in highways and bridges. any article complained of may be tested. (g) Vide sup. p. 229. (h) Hawk. P. C. b. 1, c. 75, s. 1. (i) As to private nuisances, vide sup. vol. 111. p. 518. Offences in respect of highways and bridges may be committed-as we have had occasion elsewhere to notice,either positively, by actual obstructions, or negatively, by want of reparations. The latter, or negative, kind of offences, can of course only be committed by those upon whom an obligation lies to keep them in repair (k). But the positive offences against highways and bridges, consist of a variety of nuisances and other injuries (1) capable of being committed by any person indiscriminately; some of which are punishable at common law, and others by the express provisions of the highway, bridge and turnpike Acts (m). 2. The carrying on of offensive or dangerous trades or manufactures (n). These, which, [when injurious to a private man, are actionable (o), are, when detrimental to the public, punishable by fine and imprisonment;] and it may be remarked, that to support an indictment for these nuisances, it is not necessary to prove that they are offensive to health, if they are offensive to the senses (p). 3. Exposing, in a public thoroughfare, a person infected with a contagious disease, is a common nuisance, and punishable in a similar manner (7). 4. [All disorderly inns, or other houses(r); bawdy (k) Vide sup. vol. 111. p. 242 et seq. (1) When there is a house erected, or an inclosure made, upon any part of the royal demesnes, or of a highway or common street or public water or such like public things,— the proper and antient name for such a nuisance is a purpresture; from the French word pour pris, an inclosure. (See 4 Bl. Com. p. 167, citing Co. Litt. 277.) (m) As to nuisances to highways, see 5 & 6 Will. 4, c. 50; 4 & 5 Vict. cc. 51, 59; 8 & 9 Vict. c. 71; 11 & 12 Vict. c. 123; 25 & 26 Vict. c. 61. As to nuisances to turnpike roads, see 3 Geo. 4, c. 126; 4 Geo. 4, c. 95; 4 & 5 Vict. cc. 33, 51. As to nuisances to bridges, see 55 Geo. 3, c. 143. As to a felonious destruction or damage to bridges, turnpike gates, &c., vide sup. p. 223. (n) See 1 & 2 Geo. 4, c. 41, as to the negligent use of furnaces or steam engines. (0) Vide sup. vol. 111. p. 518. (p) Rex v. Neil, 2 C. & P. 485. (q) See Rex v. Vantandillo, 4 M. & S. 73. (r) We may remark here, that inns, -being intended for the lodging and receipt of travellers,-may be indicted, suppressed, and the innkeepers fined, if they refuse to entertain a traveller without a very sufficient cause; [houses (s); gaming houses; play houses unlicensed or improperly conducted (t); unlicensed booths and stages for rope dancers and mountebanks (u);] and the like,- are either at common law, or by statute, [public nuisances: and may, upon indictment, be suppressed and fined (x);] and their keepers in some cases imprisoned with hard labour (y). Against gaming houses, in particular, the efforts of the legislature have been directed with assiduous care (z). Thus the statute 33 Hen. VIII. c. 9, s. 11, prohibits the keeping any common house for dice, cards, or any "unlawful games," under pecuniary penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein (a). Also, by 9 Ann. c. 14, 2 Geo. II. c. 28, for thus to frustrate the end of their institution is held to be disorderly behaviour. (See Hawk. P. C. b. 1, c. 78. s. 2; Bull. N. P. 73; Bennet v. Mellor, 5 T. R. 273; et sup. vol. II. p. 84.) Thus, too, the laws of Norway, says Blackstone (vol. iv. p. 168,) punish in the severest degree such innkeepers as refuse to furnish accommodation at a just and reasonable price; and he cites Stiern. de Jure Sueon. 1. 2, c. 9. (s) See 25 Geo. 2, c. 36, s. 5. (t) As to stage plays, vide sup. vol. 111. p. 308. (u) Bac. Ab. tit. Nuisances. But by 6 & 7 Vict. c. 68, s. 23, theatrical representations in booths, or shows at fairs or feasts, &c., are lawful, when allowed by the local authorities. (x) By 22 & 23 Vict. c. 17, no indictment for keeping a disorderly house, shall be presented to or found by the grand jury, without security given for the due prosecution of the charge, unless the indictment be ordered by a judge, &c. (y) See 3 Geo. 4, c. 114, (a) By 8 & 9 Vict. c. 109, s. 1, so much of 33 Hen. 8, c. 9, is repealed as prohibits bowling, tennis, or other games of mere skill, As to the game of billiards, it is lawful; but, when played in public, it is placed by the Act of 8 & 9 Vict. under certain restrictions-keepers of public billiard tables, bagatelle boards, and similar instruments, being required to be licensed by the justices at their general annual licensing meeting; and such keepers are forbidden, under heavy penalties, to 13 Geo. II. c. 19, and 18 Geo. II. c. 34,-the particular games of faro, basset, ace of hearts, hazard, passage, roly poly and roulette; and all other games with dice, except backgammon ;-are prohibited under a penalty of 2007. for him that shall erect the same, and 50%. a time for the players (d). And now by 8 & 9 Vict. c. 109 (e), 16 & 17 Vict. c. 119, and 17 & 18 Vict. c. 38, further provisions are made for the punishment of those who keep or frequent common gaming-houses (f); and for the suppression of such houses, when discovered to exist (g). By these statutes it is provided (h), that the owner or keeper of any common gaming house, and every person having the care or management thereof,--and every banker, croupier, and other person in any manner conducting the business of any such house,-shall, on conviction by the oath of one witness, before two justices of the peace, be liable, in addition to the penalties of the 33 Hen. VIII. to pay allow play between the hours of one and eight on any day, or at any hour on Sundays, Christmas Day, Good Friday, or day of public fast or thanksgiving. (8 & 9 Vict. c. 109, s. 10.) (d) See also 30 Geo. 2, c. 24, s. 14, prohibiting, under a pecuniary penalty, gaming in public houses by labourers or servants. As to the offence of gaming in a public place, see also 5 Geo. 4, c. 83. In re Freestone, 1 H. & N. 93. (e) This Act repeals a previous Act against fraudulent and excessive gaming, 16 Car. 2, c. 7; and also so much of 9 Ann. c. 14, and 18 Geo. 2, c. 34, as relates to the offence of losing or winning to a certain amount. See also the temporary Acts, 7 & 8 Vict. cc. 3, 58. As to the different games that have been decided to fall within the prohibition contained in one or VOL. IV. other of the Acts referred to in the text, see Goodburn v. Morley, 2 Stra. 1159; Jeffreys v. Walter, 1 Wils. 220; Lynall v. Longbotham, 2 Wils. 36; Hodson v. Terhill, 2 Tyrw. 929; Bentinck v. Connop, 5 Q. B. 693; Daintree v. Hutchinson, 10 Mee. & W. 85; Applegarth v. Colley, ibid. 723; Foot v. Baker, 5 Man. & G. 338. (f) By 16 & 17 Vict. c. 119, betting houses are declared to be common gaming houses. (g) By 8 & 9 Vict. c. 109, ss. 2, 5, 8, provisions are made as to what shall be deemed sufficient evidence of keeping a common gaming house, or of gaming. (h) Besides the above statutes, provisions against gaming houses are also contained in the following Acts, 31 Eliz. c. 5; 25 Geo. 2, c. 36; 42 Geo. 3, c. 119; 2 & 3 Vict. c. 47. A A |