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108 JoHN Law's cass, Part [X59 a—59 b. the book of Entries tit. Nusance 406. b. he who has a several Piscary in a water shall have an action on the case against him (Qe Rol. ts1. who ercets a (a) dyehouse, ac,finos feeditates, t alia sordida ex- "$85: tra domum prad decurrentia in piscariam praet decurrere fect, er god idem profoum pscare’ sue prac totaliter ami, fe ‘And there is another precedent against a dyer, &c. quod idem ‘Henricus in mansione sua preed’ ubmetum infectionis per horridun feetorem fumis feetitatis, et aliorum sordidorum, &¢. per mognen ‘tempus iorari hon audebat (z). So in the case at bar, forasmuch as the declaration is, that the defendant maliciously. intendin Hard, 1s4, 2 deprive the plaintiff of the use and profit of his house, erec GitRelies, a (0) swine stye tam prope aulam et conclave ipsins Willem, ac Hae sues et porcos suos in edifcio illo posuit, et ill ibid? per magnum im 23% tempus custodivit, ita quod fatidi et insalubres odores sordidorum pred swum et porcorum pred Thoma in aulam, &¢. penetran’ et influen’, idem Wiltidlmus ac famuli sui, 6c. in messiag? predic? conversantes existen’ absque periculo infectionis in auld, &e. con- tinuare seu remanere non potuerunt, prateztu cujus idem Will to- tum commodum,: &c. mazimae partis praed’ messuag’ per totum tempus pred totaliter perdidit. To. which declaration the de- fendant pleaded not guilty, and was found guilty of the mat- ter in the declaration : it was adjudged that the plaintiff should (2) For what nuisances an action may be edition, Vin. Ab. Nuisance, G. Com. Dig. naaintained, vid. # Selw. N. P. 1105. 6th Action on the eatefor a Nuisance, A. JONUN LAMB'S CASE. Mich. 8 Jacobi 1. In the Star-chamber. Lana ‘To be convicted of libel inthe Star Chamber, the party ought tobe et ae contriver ofthe libel, ofa procurer ofthe contriving of it, oF 8 maicions PETG. publser oft, knowing it to be a libel. What isand what i not a publication, 8. C. Moor, 13. Joun Lams, Proctor of the Ecclesiastical Court exhibited a bil in the Star-chamber against William Marche, Robert Harri- son, and many others of the town of Northampton, and against ‘Shucburg and others, for publishing two libels, it was resolved, that every one who shall be convicted in the said case, either ought to be a contriver ofthe libel, or a procurer of the sontiv= 5960 a ROBERT DRADSHAW'S CASE. 109 ing of it, or malicious publisher of it, knowing it to be a Tits for if one reads a. Ube, that is no ‘publication of it, or if Moores, he hears it read, it is no publication of it, for before he reads 5 Ce. i2s-b. or hears it, he cannot know it to be a libel; or if he hears or 1 Lev. #41. reads it, and laughs at it, it is no publication of it; but if after he has read or heard it, he repeats it, or any part of it in the hearing of others, or after that he knows it to be a libel, he reads it to others, that is an unlawful publication of it or if he writes a copy of it, and does not publish it to others it is no publication of the libel; for every one who shall be convicted ought to be a contriver, procurer, or publisher of ity knowing itto bea libel. But it is great evidence that he published it, hen he, knowing it to be a libel, writes a copy of it (4); un- les afterwards he ean prove that he delivered it to a magistrate toexamine it: for then the act subsequent explains his intention preceilent. Vide reader, Bract. lib. 8. tract. De ®.corona, cap. [60 a. J 36.fo. 155. Fiat autem injuria, cum quis pugno percussus fuerit, 5 cm, 145.». rerberatus, wuineratus seu fustibus casus ; verum etiam cum ci con- 3 L-Raym.si7. ‘itium dictum fuerit ; vel de eo factum carmen famosun (0). Moor 813, (a)In an action foralibelwhich waspublch- (a) In th late cas of The King v. Burdett diy the defendant in voluntary aidavit, «Barn, & Ald. 95, it was very much dvcuseed ‘ror extrajudicially before mngitrate, tat thebar, whether the writing of libel which wusbeld by "Wood B. Melony ve Barley, x never published by th author, ix an indite Sap Ho, et ibe ngs det ale fees od Laced th ems ‘Guar, and delivered it to the magutrae; mente upon, but w the ase did not eal for because its sad the bare copying out of a any judgment por Bel bcriminal A bill of exceptions was stained from gi teodered, but afterwards dropped, point. the point, the court ab- ‘any opition upon the ROBERT BRADSHAW’S CASE. ‘Trin. 10. Jacobi 1. {Wan action of covenant, for a breach of @ covenant contained tix years, if R. should so long live, * that the lessor had full power and. eo"raw. lawful authority to make che demise;” the plaintiff need not shew that R. Part TX-c0l wea alive at the time of the commencement of the lease, oF at the time of the action brought, and the plaintiff in assigning the breach may aver feneraly that the defendant had uot fall power and lawful authority to demise, &. without shewing what persion had right, title, &c. inthe lands and tenements demised at the time of making the lease, 8. C. Cro. Jac. 304, The cate in Hob. 114. appears to be between the same particr, and wear ia the Star Chamber, but upon entirely different points, Vid. the ‘entry, Co. Ent. 116, Nu. 6.