But for the purposes of legal redress it is not necessary that the smell should be unwholesome; it is enough if it renders the enjoyment of life and property uncomfortable: see _Lord Mansfield’s_ judgment in _Rex_ v. _White and Ward_, 1 _Burr. R._ 333; so in _Aldred’s_ case, 9 _Co. Rep._ 57, which was for keeping hogs; _Regina_ v. _Wigg_, 2 _Salk._ 460, 2 _Lord Raym._ 1163. In _Street_ v. _Tugwell_, for keeping seven pointers close to the plaintiff’s house, whereby he was annoyed by the noise and smell, the jury found for the defendant; and though _Lord Kenyon_ would not grant a new trial, he said another action might be brought for the continuance. _Mic. Term_, 41 _Geo._ 3; 2 _Selw. Ab._ 1006. Though the obstruction[555] of a fine prospect is no nuisance (_Aldred’s_ case, 9 _Pep._ 58; 3 _Salk._ 247, 459; _Attorney Gen._ at the relation of _Gray’s Inn Society_ v. _Doughty_, 2 _Ves._ 453) yet as an action lies for hindering the wholesome air, 9 _Rep._ 58, query whether building a house across the end of a street, whereby it becomes less wholesome, whether by want of air or by stagnation of damp vapours, is or is not a nuisance? and whether actionable or indictable. For though the rule originally laid down as to indictable nuisances is, that they must be _ad commune nocumentum omnium ligeorum_, yet if it be to the injury of a great many, as to the inhabitants of a whole street, that is enough; _Rex_ v. _Roupel_; K. B. Kingston Assizes, 59 _Geo._ 3; and _Sir Ed. Coke_ says, “there is a writ in the register necessary to be put in execution for the wholesomeness of the air in London, and all other cities.” _De vicis et venellis mutandis_, 4 _Inst._ 252. The abatement of those nuisances which affect the atmosphere is of the highest importance, for it is not optional what air we shall breathe; and next to them we may rank those which affect running streams or other waters. “Lourlulary, or lourgary, is an offence when any cast any corrupt thing appoisoning the waters in or about _London_, compounded of these two words _lour_ corruption, and _laron_ a thief or felon, and if any die by reason of such offence within a year after, it is felony; and extendeth to all other cities.” Burgs. &c. 4 _Inst._ 252; (see also 8 _Geo._ 1, _c._ 26, and several modern paving acts.) And by an old statute 12 R. 2, _c._ 13, which if it be (as asserted) obsolete, well deserves to be revived in some form, none shall cast any garbage, dung, or filth, into ditches, waters, or other places within or near any city or town, on pain of punishment by the _Lord Chancellor_!! at discretion!! as a nuisance. The jurisdiction has been rather strangely given according to modern notions, but the provision of the act appears to be wise, and might even now be useful.