Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
II. _Those, where, by the_ ACTION OF FIRE, _various principles are
evolved, and diffused in the form of vapour, or gas; the inhalation of
which is not only disagreeable to the senses, but injurious to the
health_; as the process of brewing (5); the formation of various acids
(6); the incineration of animal substances, as practised by the
manufacturers of hartshorn; Prussian blue (7) makers; roasters of horn
for lanthorns (8); glue manufacturers; varnish makers (9); soap
boilers(10), and renderers of tallow (11); smelting houses (12);
gasworks; brick kilns; turpentine distillers, and rosin makers, &c.
&c.
III. _Those, which are capable of yielding waste liquids, that poison
the neighbouring springs and streams_, as gas works (13); starch
manufactories; dying-houses, &c. &c.
IV. _Those trades, whose pursuit is necessarily accompanied with great
noises_, as those of copper-smiths; anchor-makers; gold-beaters;
tin-men; trunk-makers; proof-houses, (where cannons are proved); the
tilting of steel; forging bar iron; flatting-mills;[543] &c. &c.
Against these nuisances there are various remedies: by action or
indictment at law, by injunction in equity, and sometimes by the summary
abatement of the party injured.
If the injury be general (_ad commune nocumentum omnium ligeorum_) the
proper remedy is by indictment, 1 _Inst._ 56, 3 _Bl. Com._ 219, 4 _Bl.
Com._ 167; and an indictment will lie even though there be another
remedy or punishment by act of parliament, as for keeping swine in
London, 2 _Will. and Ma. Sess._ 2, _c._ 8, § 20; _Regina v. Wigg_; 2
_Salk._ 460; _Ld. Raym._ 1163. But it is otherwise of an _offence
created_ by statute, then the remedy must be in the form prescribed by
the statute.
Though indictment is a suit of the crown, and a general pardon will
excuse the fine inflicted on conviction for a nuisance, it will not
prevent the abatement of it. _Rex et Regina_ v. _Wilcox_, 2 _Salk._ 458;
see also _Dewell_ v. _Sanders_, cited 16 _Vin. Abr._ 42, 45.
But if the nuisance be not general, but particular, then an indictment
will not lie; yet the individual aggrieved may have his action on the
case, 3 _Bl. Com._ 220; _Bull. N.P._ 26; _Esp. N.P._ 635. Individuals
also are in some cases permitted of themselves to abate a nuisance, 3
_Bl. Com._ 5; _Lodie_ v. _Arnold_; 2 _Salk._ 458; 16 _Vin._ 40. In _Rex_
v. _Rosewell_, only a small fine was set upon the defendant convicted on
indictment of a riot, committed while pulling down some part of a house,
it being a nuisance to his lights; see case 2 _Salk._ 459, and
authorities there cited; also _Rosewell_ v. _Prior_, _ib._ 460; but
contra, see cases where they may not; _Lord Mansfield’s_ judgment in
_Cooper_ v. _Marshall_, 1 _Bur._ 259.
The old writs, the assize of nuisance, F. N. B. 183, and _Quod permittat
prosternare_, F. N. B. 124, _Palmer_ v. _Poultney_, 2 _Salk._ 458, are
now out of use, but might be resorted to on an extreme occasion, 3 _Bl.
Com._ 220.
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