But if the disorders for which it is open be not highly infectious, an hospital is certainly no nuisance. In the case of _Rex_ v. _Mac Donald_, 3 _Burr. L._ 1645, it was moved that an indictment against the defendant, for converting his house into an hospital for taking in and delivering lewd, idle, and disorderly unmarried women, should be quashed; _Lord Mansfield_ took notice of the narrow principles of the prosecutors, (the parish, for that they were thereby burthened with bastards) and expressed his surprise how such a bill could ever be found, asking “by what law is it criminal to deliver a woman when she is with child.” Whether a new comer can have an action for a nuisance has been doubted, for it was his own act that he came into the neighbourhood, and _volenti non fit injuria_; but on the other hand see _Westborn_ v. _Mordaunt, Cro. Eliz._ 191; 2 _Leon._ pl. 129, p. 103; Espin. N. P. 637; and if a man come into possession of the premises by descent, or operation of law, or a clergyman to his parsonage, it would appear that he may at any rate have his action. It must be observed that every continuance of a nuisance is held to be a fresh one, and therefore a fresh action will lie; and very exemplary damages will probably be given, if after one verdict against him the defendant has the hardiness to continue it; (_Westborn_ v. _Mordaunt_, 2 _Leon. pl._ 121; _Beswick_ v. _Cunden Hill, Cro. Eliz._ 402; _Bull_, _N. P._ 75; _Espin, N. P._ 637). And it is a continuance, though the premises constituting the nuisance be let to an under-tenant subsequently to the verdict against the first tenant for years for the erection, for he transferred it with the original wrong, and his demise affirms the continuance of it; he hath also rent as a consideration for the continuance, and therefore ought to answer the damage it occasions. _Rosewell_ v. _Prior_, 2 _Salk._ 460, and cases there. There are other things which may be called nuisances in transitu, such as the removal of night-soil, garbage, soap boilers-lees, (the waste lees are the residual liquor after soap-boiling), and other very stinking refuse; all these should be restrained (as some already are) to certain hours of the night. OF IMPOSITIONS. Under this head we shall comprehend the subject of _Feigned Diseases_, and that of the _Adulterations of Food_. FEIGNED, or SIMULATED DISEASES.