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cured to be taken and carried away, with an unlawful and wicked intention, to prevent the interment and burial of the faid dead body of the faid M. J. which fhould and ought to have been done and performed according to the rites and ceremonies of the church of that part of this realm called England, and alfo with an unlawful and wicked intention, that the faid dead body of the faid M. J. fhould be diffected, to the great fcandal and difgrace of religion, in contempt of the laws and cuftoms of this realm, to the evil and pernicious example, &c. &c. and against the peace, 4th Count, for &c. And the jurors aforefaid, upon their oath aforefaid, do furpreventing inther prefent, that the faid R. W. and T. Y. being evil minded terment, &c. perfons, and having no regard for religion, or the laws and cuftoms of this realm, afterwards, to wit, on, &c. in the twenty-third year aforefaid, with force and arms, at, &c. in, &c. a certain dead body, to wit, the body of M. J. then and there being in the faid workhoufe of the poor of the faid parith there fituate, unlawfully and wickedly did take and carry away, and caufed and procured to be taken and carried away, with an unlawful and wicked intention to prevent the interment and burial of the faid dead body of the faid M. J. which ought to have been done and performed according to the rites and ceremonies of the church of that part of this realm called England, to the great fcandal and difgrace of religion, in contempt of the laws and customs of this realm, to the evil and pernicious example of all others in the like cafe offending, and against the peace of our faid lord the king, his crown and dignity.

Record of an in

dictment for a

courfe running into a

pond.

Pleas before our lord the king at Westminster, of Hilary term,
in the twenty-fourth year of the reign of our fovereign lord
George the Second, by the grace of God of Great Britain,
France, and Ireland, king, defender of the faith, &c.

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SOME time ago (that is to fay), on Tuesday in the week nuifance, divert- next after the feaft of Saint Michael the Archangel, to wit, the ing a water fecond day of October, in the twenty-fourth year of the reign of public our fovereign lord George the Second, by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, &c. at the general quarter feffions of the peace of our lord the king, holden at Maidftone, in and for the county of Kent, before William Horfemedon Turner, efquire, Thomas honourable Robert Fairfax, efquire, William Champions, and James Calder efquires, and others their affociates, juftices of our faid lord the king, affigned to keep the peace of our faid lord the king in the faid county, and alfo to hear and determine divers felonies, trefpafles, and other mildemeanors in the fame county perpetrated, upon the oath of twelve jurors, good and lawful men of the faid county, then and there impanelleu, fworn, and charged to enquire for our faid lord the kin, for the body of the faid

county,

county, it was prefented as followeth (that is to fay), Kent, . Indictment. The jurors for our fovereign lord the king upon their oath present, that from time whereof the memory of man is not to the contrary, there has been and ftill is a common water-courfe near a certain place called Throng, within the parish of Shorme, in the faid county, which continually during all the faid time, at all times of the year hath run and been used and accustomed and of right ought, without any obftruction or impediment, to run out of the land of Benjamin Smith, called Randal Heath, into and along the common highway, there leading from Throng aforefaid, to the village of Shorme, and into a certain pond in the faid common highway there, and from the faid pond into the lands of John Oakes, at which faid water-courfe and pond the inhabitants of the faid parish of Shorme, and all other his faid majesty's fubjects in and through the faid common highway paffing and repaffing, all the said time have ufed, and of right been accuftomed to water their cattle at their free will and pleafure; nevertheless the jurors aforefaid upon their oath prefent, that Benjamin Smith, late of the parish of Shorme, in the county aforefaid, gentleman, and Robert Shearman, late of the fame place, labourer, on the twentyfeventh day of December 1749, with force and arms, at the parifh aforefaid, in the county aforefaid, in and across the faid water-courfe, in the said highway there, a certain mound, bank, or dam, did then and there make, erect, and build, and the fame fo high did raise, that the faid water in its faid ancient courfe was obftructed, and into the faid pond did not run as it was ufed and accustomed and ought to do, so that the inhabitants of the faid parish, and all others his majefty's fubjects, in and through the faid common highway paffing and repaffing, were and ftill are deprived of the use of the faid pond and water for their cattle, and hindered from enjoying the fame, as they ought and were wont to do: And the jurors aforefaid do further upon 2d Count. their oath prefent, that from time whereof the memory of man is not to the contrary, there has been and still is a certain common water-course, near a certain place called Throng, within the faid parish of Shorme, in the county aforefaid, which continually during all the faid time, at all times of the year, hath run, and been used and accustomed and of right ought, without any obftruction or impediment, to run out of the land of Benjamin Smith, called Randal Heath, into a certain common public pond, lying near and open to a certain highway, there leading from the village of Throng aforefaid, to the village of Cobham, in the parish of Cobham, in the faid county of Kent, between the faid village of Throng, and a certain place there called Saint Thomas's Well, in the faid parish of Cobham, and from the faid pond into the lands of John Oakes there, at which faid pond the inhabitants of the faid parifh of Shorme, and all other his majesty's fubjects, in and through the faid common highway paffing and repaffing during all the faid time, have used and of right been ac customed to water their cattle, at their free will and pleasure; nevertheless

Certiorari.

nevertheless the jurors aforefaid upon their oath prefent, that Benjamin Smith, late of the parish of Shorme, in the county aforefaid, gentleman, and Robert Shearman, late of the fame parifh, labourer, on the faid twenty-feventh day of December, in the year aforefaid, with force and arms, at the parish aforefaid, and in the county aforefaid, in and across the water-course, in the land of the faid Benjamin Smith, there a certain mound, bank, or dam, did then and there make, erect, and build, and the fame fo high did raise, that the faid water-courfe was thereby ftopped, and from its ancient courfe diverted, that the faid water did not nor hath fince run into the faid pond, as it was used and ought to do, fo that the inhabitants of the faid parifh, and all other the fubjects of our faid lord the king, paffing and repaffing in and through the faid common highway, were and still are deprived of the ufe of the faid pond and water for their cattle, and hindered from enjoying the fame as they ought and were wont to do, to the great damage and common nuifance, not only of the inhabitants of the faid parish of Shorme, but of all other the liege fubjects of our faid lord the king, in and through the common highway paffing and going, and against the peace, &c. Which faid indictment our faid lord the king did afterwards, for certain reasons, caufe to be brought before him, to be determined according to the law and cuftom of England; wherefore the fheriff of the faid county of Kent was commanded, that he should not forbear by reafon of any liberty in his faid bailiwick, but that he fhould cause them to come to answer to our faid lord the king, touching and concerning the premifes aforefaid; and now (that is fay) on Wednesday next after the octave of Saint Hilary, in the fame term, before our faid lord the king at Weftminster, come the faid Benjamin Smith and Robert Shearman, by John Wace their attorney, and having heard the faid indictment read, they feverally fay that they are not guilty thereof; and hereupon they feverally put themselves upon the country, and James Burrow, efquire, coroner and attorney of our faid lord the king, in the court of our faid lord the king, before the king himself, who profecuteth for our faid lord the king in this behalf, doth the like.

For killing heep BERKS, The jurors for our lord the king upon their in highway and oath prefent, that Edward Higgs, late of Maidenhead, in the entrails, blood, County of Berks, butcher, on the day of May, in the twety and filth to re- fixth year of the reign of our fovereign lord George the Third,

ftreet, leaving

main, &c.

now king of Great Britain, and fo forth, and on divers other days and times then before, at Maidenhead aforefaid (to wit), in the parish of Bray, in the town of Maidenhead aforefaid, in the county aforefaid, and near the dwelling-houfes of divers liege fubjects of our faid lord the king, and alfo near a certain open and public street and road there, commonly called Maidenhead-street, the faid public street and road being a common street and road and thoroughfare

thoroughfare, for all the fubjects of our faid lord the king, with coaches, carriages, horfes, waggons, carts, goods, chattels, and merchandifes, to go, return, or pafs at their will and pleasure, did unlawfully and injurioufly kill and flay, and caufe to be killed and flayed forty fheep, and the excrements, blood, entrails, and other filth coming from the faid fheep, did then and on the faid other days and times there caufe and permit to lie and remain in the faid open and public ftreet and road for a long time, whereby divers filthy (1) and unwholesome smells, from the excrements, (i) "noisome" blood, entrails, and other filth coming from the faid fheep as aforefaid, then and on the faid other days and times there did arife, fo that the air there was greatly corrupted and infected, to the great damage and common nuifance, not only of all the liege fubjects of our faid lord the king, near the fame place inhabiting and dwelling (2), but alfo of all other liege fubjects of our faid lord the (2) “refiding", king, in, by, and through the faid common treets and highways aforefaid, going, returning, and paffing, and against the peace of our faid lord the king, his crown and dignity: And the aforefaid jurors of our faid lord the king upon their oath do further prefent, that the faid Edward Higgs, on the faid day of May, in the faid twenty-fixth year of the reign of king George the Third, now king of Great Britain, &c. and on divers other days and times as well before as after, with force and arms, at the parish aforefaid, in the county aforefaid, near the dwelling-houfes of divers liege fubjects of our faid lord the king, and also near divers streets and common highways, then did hang out and expofe, and caufe to be hung out and expofed in the public and open street and road aforefaid, for fale, the bodies and carcafes of divers oxen, cows, heifers, fheep, lambs, calves, and pigs, and did then and there, on the faid day of aforefaid, and divers

other days and times, between that day and the day of the taking of this inquifition, caufe and permit to remain in the faid open ftreet and common highway for a long time, whereby divers noisome and unwholefome fmells did then, and on the faid other days and times there arife, fo that the air there was greatly corrupted and infected, to the great damage and common nuifance of all the fubjects of our faid lord the king, not only near the fame place inhabiting and refiding, but alfo in and through the faid common streets and highways going, returning, and paffing, and against the peace of our faid lord the king, his crown and dignity.

fo near the public

MIDDLESEX. The jurors for our lord the king upon Indment for their oath prefent, that Henry Row, late of the parish of Saint erecting a necef Mary-le-Bone, in the county of Middlefex, mafon, on the firft fary-houfe day of January, in the nineteenth year of the reign of our fove- ftreet and highreign lord George the Third, king of Great Britain, and fo way, that it be forth, at the parifh aforefaid, in the county aforefaid, unlawfully came a common and injuriously did erect and caufe to be erected a certain building nuifance. called a neceflary-houfe, upon a certain piece of land, whereof he

VOL. IV.

the

the faid Henry Row was then and there occupier, adjacent to and within fifty feet of a certain road, from the north end of Portlandftreet cross the Farthing Pye-house fields into a new road, from the great northern road at Iflington, to the Edgware road, near Paddington, in the faid county of Middlefex, and the aforefaid building fo made and erected as aforefaid, from the fame day and year aforefaid, at the parish aforefaid, in the county aforesaid, until the day of the taking this inquifition, unlawfully and inju riously did continue and ftill doth continue, to the great damage and common nuifance of all the liege fubjects of our faid lord the king not only thereabouts inhabiting and dwelling, but also all thofe fubjects in, by, and through the fame road going, returning, paffing, and travelling, against the form of the ftatute in fuch cafe made and provided, in contempt of our faid lord the king and his laws, and also against the peace of our faid lord the king, his crown and dignity: And the jurors aforefaid, upon their oath aforefaid, do further prefent, that on the first day of January, in the nineteenth year of the reign of our fovereign lord George the Third, king of Great Britain, and fo forth, at the parish of St. Mary-le-Bone, in the county of Middlefex, a certain road was erected and made from the north end of Portland-street, in the parish aforefaid, across the Farthing Pye-house fields, into a certain road, from the great northern road at Iflington, to the Edgware road near Paddington, in the faid county of Middlesex, by virtue of and in pursuance of a certain act of Parliament made and paffed in the twenty-ninth year of the reign of our fovereign lord George the Second, by the grace of God of Great Britain, &c. intitled "An act to enable the refpective trustees of the turn

pike roads, leading to Highgate, Gatehoufe, and Hampstead, "and from Saint Giles's Pound to Kilbourne Bridge, in the "county of Middlefex, to make a new road from the great "northern road at Iflington, to the Edgware road near Padding

66

ton, and alfo from the north end of Portland-street, cross the "Farthing Pye-house fields, into the faid new road, and for "enlarging the terms and powers granted by two feveral acts, "for repairing the said road, from Saint Giles's Pound to Kil"bourne Bridge." And the jurors aforefaid, upon their oath aforefaid, do further prefent, that in and by the aforefaid act of Parliament, it was amongst other things ordained and enacted, that no building fhould be erected on any new foundation by any proprietor or occupier of lands adjacent to the faid new road, within fifty feet of the faid road, and that no part of the said new road fhould be paved, and if any fuch buildings fhould be thereafter erected, or any part of fuch new road fhould be paved contrary to the true intent and meaning of fuch act, the fame should be deemed common nuifances: And the jurors aforefaid, upon their oath aforefaid, do further prefent, that Henry Row, late of the parifh of Saint Mary-le-bone, in the county of Middlefex, mafon, on the first day of January, in the nineteenth year of the reign of our fovereign lord George the Third, king of Great Britain, and

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