to presume that the manner of the celebration was valid according to the law of the place.-3 Stark. 178.

As to marriages in British factories, &c. abroad, see 4 Geo. IV. c. 91.

It is no defence that the first marriage was voidable by reason of affinity, &c.--3 Inst. 88.

But it is otherwise if the marriage be not voidable merely, but void; as for idiotcy or lunacy, or because husband was under fourteen, or wife under twelve. But in the case of such infancy of parties, they make the marriage good by subsequent consent.-1 Inst. 79.

A marriage by license between parties, one of whom is under twenty-one, without consent of parents, &c. is not void under the marriage act, 4 Geo. IV. c. 76.--8 Barn. & Cres. 29.

6. Common Nuisances.

These are offences against the public order and economical regimen of the state, to the annoyance of the king's subjects in general.

If the annoyance is only to some particular person, and not to the community in general, it is a private nuisance and a subject of civil action only, and no crime.

Common nuisances are misdemeanors, and in general punishable with fine and imprisonment.

The following are examples of common nuisances:

1. Annoyances in Highways, Bridges and Public Rivers,

by rendering the same inconvenient or dangerous to pass, either positively, by actual obstruction, or negatively, by want of reparation.

For obstruction, the person obstructing is the party liable to indictment.

For want of repairing highways, such individuals are liable as may be found liable to repair, or such township or other district as may lie under that obligation; and in default of these, the parish at large.

For not repairing bridges, if within a city or town cor

porate, the inhabitants are liable; if within a riding, the inhabitants of the riding; in all other cases, the county at large, unless they can show a liability in some individual or particular district.-Arch. 495.

Where there is a house erected or an inclosure made upon any part of the king's demesnes, or of a highway or common street, or public water, or such like public things, it is properly called a purpresture.

A presentment of want of repair of highways, &c. by a judge of assize or justice of the peace, is, by 7 Geo. III. c. 42, in all respects equivalent to an indictment.

As to nuisances to highways, see 3 Geo. IV. c. 126.

As to nuisances to bridges, see 55 Geo. III. c. 143; 7 & 8 Geo. IV. c. 30, s. 13; Burn's J. by Chitty, tit. "Bridges."

By 7 & 8 Geo. IV. c. 30, ss. 12 & 13, malicious injuries (such as therein described) to sea banks, sea walls, or the bank or wall of any river, canal, or marsh, or to the lock, sluice, floodgate or other work on any navigable river or canal, or to any piles, chalk or other materials fixed in the ground and used for securing any sea bank or sea wall, or the bank or wall of any river, canal or marsh, or unlawfully or maliciously opening or drawing up any floodgate, or doing any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing or maintaining the navigation thereof, or doing such malicious injuries as in the act described, to any public bridge, is felony, punishable at discretion of the court with transportation, imprisonment and whipping, as in the act provided.

By sect. 14, such malicious injury, as in the act described, to any turnpike gate, &c. is a misdemeanor.

2. Offensive or Dangerous Trades or Manufactures.

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.-2 Carr. & Payne, 485.

But it must appear either that they are destructive to

health or make the dwellings of the inhabitants uncomfortable.-5 Esp. 217.

If the annoyance is only to a few inhabitants of a particular place, no indictment lies.-4 Esp. 200.

Where the manufacture had been carried on near fifty years in the neighbourhood, defendant was acquitted.Peake, 93.

So a man setting up a noxious trade where such trade had been long carried on, is not indictable unless the annoyance is greatly increased.-Ibid. 96.

And if a man sets up a noxious trade remote from houses, &c. and afterwards new houses, &c. are built, he may lawfully continue the trade, though a nuisance to the new comers.-2 Carr. & Payne, 483.

By 1 & 2 Geo. IV. c. 41, after reciting that injury is sustained from the improper construction as well as from the negligent use of furnaces employed in the working of engines by steam, and that every such nuisance being of a public nature is abateable by indictment, enacts that if it shall appear to the court by which judgment ought to be pronounced, in case of conviction in any such indictment, that the grievance may be remedied by altering the construction of the furnace, it shall be lawful for the court, without the consent of the prosecutor, to make such order touching the premises as shall be by the said court thought expedient for preventing the nuisance in future, before passing final sentence upon the defendant.

Proviso not to extend to owners of furnaces erected solely for working mines. The court may award costs to the prosecutor, to be paid by the party convicted.

As to nuisances in manufacture of gunpowder, vide post, p. 108.

3. Exposing in a Public Thoroughfare a Person infected with Contagious Disease.

This has been decided to be a misdemeanor.-4 M. & S. 73; Ibid. 272.

4. Disorderly Houses, Bawdy Houses, Gaming Houses, Stage Plays, Unlicensed Booths and Stages for Ropedancers, Mountebanks, and the like.

These are prohibited by various acts of parliament. See Collyer's Crim. Sts. "Nuisance;" and, as to offences in London and its neighbourhood, 25 Geo. II. c. 36 (made perpetual by 28 Geo. III. c. 18), and the Metropolitan Police Act, 3 Will. IV. c. 19.

Keeping a gaming house or a bawdy house is a misdemeanor at common law.-2 Dow. & Ry. 431; 1 Barn. & Cres. 272; 1 Hawk. c. 74, 75.

And as to gaming houses, see also 33 Hen. VIII. c. 9; 31 Eliz. c. 5; 2 Geo. II. c. 28; 18 Geo. II. c. 34.

By 3 Geo. IV. c. 114, the court may, for certain enumerated offences (and among others keeping a common gaming house, keeping a common bawdy house, and keeping a common illgoverned and disorderly house), sentence the offender to "imprisonment, with hard labour, for any term not exceeding the term for which such court may now imprison for such offence, either in addition to or in lieu of any other punishment, which may be inflicted on any such offenders by any law in force before this act."

By 58 Geo. III. c. 70, overseers are required to prosecute persons keeping bawdy houses.

The refusal, by an innkeeper, to entertain a traveller without sufficient cause, is held to be disorderly behaviour, and punishable.-4 Bl. C. 168.

By 10 Geo. II. c. 28, all places for the exhibition of stage entertainments must be licensed. And as to such

licensing, see also 28 Geo. III. c. 30.

By 9 Geo. IV. c. 61, (intituled an Act to regulate the granting of Licenses to Keepers of Inns, Alehouses and Victualling Houses in England,) in every division of every county, &c. there shall be annually holden a special session of the justices to grant licenses to persons keeping or about to keep inns, alehouses and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises.

By sect. 6, no justice who shall be a common brewer, distiller, maker of malt for sale, or retailer of malt or any exciseable liquor, or who shall be concerned in partnership with any such person, shall act; and no justice shall act in the case of a house of which he shall be owner, or for the owner of which he shall be manager or agent, or of any house in whole or in part the property of any common brewer, &c. the father, son or brother of such justice by blood or marriage, or his partner in another trade, under penalty of £100. Proviso not to disqualify any justice as the owner of a house where he is a mere trustee.

By sect. 9, all questions as to licenses are to be determined by the majority of the justices not disqualified and present at the question.

By sect. 13, licenses are, in Middlesex and Surrey, to be in force from the 5th April, and elsewhere from 10th October, after granting thereof, for one year, and no longer.

By sect. 17, no excise license is to be granted unless to a person who shall have previously obtained a license under this act.

By sect. 18, persons selling, &c. or permitting to be sold, to be consumed on their premises, any exciseable liquor by retail, without being duly licensed, shall forfeit, on conviction before one justice, from £20 to £5, with

costs.

By sect. 21, pecuniary penalties (increasing for a second or third offence) are imposed for offences committed "against the tenor of the license." And by the tenor of the license the publican is required that he do not fraudulently dilute or adulterate the liquors, or sell the same knowing them to be so diluted, &c. nor use any weights or measures that are not of the legal standard, and do not knowingly permit drunkenness or other disorderly conduct, or any unlawful games or any gaming, nor knowingly permit persons of notoriously bad character to assemble in his house, nor keep open his house (except for travellers), nor permit liquor to be conveyed therefrom during divine service in the church or chapel of the place where his house