Odger's English Common Law

246 NUISANCE.
prevent the spread of infectious diseases—such as the Vaccination Acts
1867 to 1907, 1 the Infectious Disease (Notification) Act, 1889, 2 and the
Infectious Disease (Prevention) Act, 1890. 8 Again, any illegal disposi-
tion of a corpse or the disturbance of human remains in a churchyard or
burial ground is also a public nuisance. Bui? for the relatives of a deceased
person to burn the body instead of burying it is not a misdemeanour unless
the process is so conducted as to be a public nuisance, or unless it is done
to prevent the holding of an intended coroner's inquest. 4 Burning down
one's house in a manner dangerous to others is a public nuisance. 5
Common barratry is a form of public nuisance at common law. Any
one, who habitually incites or stirs up suits and quarrels between His
Majesty's subjects to the annoyance of the neighbourhood, commits the
misdemeanour of barratry and is liable to be fined or imprisoned, or to be
required to find sureties for good behaviour or for the peace. It differs from
maintenance 6 in that in order to convict a man of barratry it is necessary
to prove that he habitually incited or stirred up suits. The fact that he
incited or stirred up one suit is not sufficient to make him a common
barrator. But a man who brings actions in his own right, however many
or groundless, is not guilty of this offence. 7
II. Nuisances to Public Morals and Decency.
We have already dealt "with many public nuisances of this
class in the preceding chapter. Thus, exposing the person in
any public place is a public nuisance ; but the offence is
usually dealt with under the Vagrancy Act. 8
Again, exhibit-
ing obscene books or pictures is also a public nuisance, 9 and
so is every disorderly house.
Disorderly houses are of three kinds :
(i.) Brothels. 10
(ii.) Gaming or betting houses.
(iii.) Disorderly places of entertainment.
A common gaming house is one in which games of chance
or of chance and skill are played, in which the chances of
1 30 & 31 Vict. c. 84 ; 35 & 36 Vict. c. 98 ; 37 & 38 Vict. c. 75 :
c. 49 ; 7 Edw. VII. c. 31.
2 52 & 53 Vict. c. 72.
8 53 & 64 Vict. c. 34. And see 7 Edw. VII. c. 53, ss. 52—68.
61 & 62 Vict.
* B. v. Price (1884), 12 Q. B. D. 247 ; B. v. Stephenson (1884),
331 ; and see the Cremation Act, 1902 (2 Edw. • VII. c. 8). s. 8
'
13 Q.
B v
'
B. D.
Bvetv V
(1907), 71 J. P. 205.
6 B. v. Probert (1799), 2 East, P. C. 1030.
6 See ante, p. 20B.
» Some's Case (1615), Viner's Abridgment, " Barrator." A conviction for barratry
is very rare, although an indictment for it was found and tried so recently as 1889.
"
'
See ante, p. 225.
9 See ante, pp. 227—230.
10 See ante, p. 223.
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