Second count from thence for a long space of time, to wit, hitherto at, &c. aforesaid, wrongfully and unjustly suffered and permitted the said wall to be and continue, and the same during all that time was, and still is, out of repair for want of needful and necessary reparation thereof, and by means thereof, on divers days and times, during that time divers large quantities of excrement and filth penetrated, issued, and flowed from and out of the said privy, through the said wall, unto and into the said premises of the said A. B. and staid, continued, and remained therein, during all the time aforesaid. And also thereby divers noisome, noxious, offensive, and unwholesome smells, vapours, and stenches, during the time aforesaid, ascended and came unto and into the said premises of the said A. B. and on those several days and times there greatly annoyed and incommoded the said A. B. and his family in their said habitation of the said dwelling-house of the said A. B. and also by means of the premises, he the said A. B. hath been and is hindered and prevented from exer. cising and carrying on his trade and business of a — in so beneficial a manner as he before the committing of the said grievances by the said C. D. had been used and accustomed to do, and would have continued to do, and hath thereby been deprived of divers great gains and profits which he otherwise might and would have derived and acquired, to wit, at, &c. aforesaid. And whereas also the said A. B. being so possessed of his said dwellfor not empty-ing-house, with the appurtenances as aforesaid, the said C. D. before ing the cesspool. and at the time of the committing of the grievance hereinafter mentioned, was possessed of a certain privy and cesspool, near to the said dwelling-house, with the appurtenances, of the said A. B. and by reason thereof he the said C. D. before and at the time of the said C. D.'s committing the grievance hereinafter mentioned, ought to have hindered and prevented the excrement, filth and water, from time to time being in the said privy and cesspool, from running and proceeding therefrom, unto and into the said dwelling-house, with the appurtenances, of the said A. B. to wit, at, &c. aforesaid. Nevertheless the said C. D. well knowing the said last mentioned premises, but contriving and wrongfully and unjustly intending to injure, prejudice, and aggrieve the said A. B. and to incommode and annoy him and his family in the possession, use, occupation, and enjoyment of his said dwelling-house, with the appurtenances, heretofore, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, to wit, at, &c. aforesaid, wrongfully and unjustly suffered and permitted [383] divers large quantities of excrement, filth, and water, to penetrate, *issue and flow from and out of the said last mentioned privy and cesspool, unto and into the said premises of the said A. B. and to stay, continue and remain therein during all the time last aforesaid, and also thereby, &c. [Same as the first count from the to the end.] TO HOUSES OR LAND IN [Commencement as ante, 287. The venue is local.]—For that whereas before and at the time of the committing of the grievances by the said C. D. as hereinafter mentioned, a certain messuage or dwelling-house, By a reversion with the appurtenances, situate at, &c. was in the possession and occu- for damage done to a mespation of one E. F. as tenant thereof to the said A. B. (the reversion suage in the thereof then and still belonging to the said A. B.) to wit, at, &c. possession of aforesaid. Yet the said C. D. well knowing the premises, but conhis tenant (1). triving and wrongfully and unjustly intending to injure, prejudice, and aggrieve the said A. B. in his reversionary estate and interest of and in the said messuage or dwelling-house, with the appurtenances, whilst the said messuage or dwelling-house was so in the possession and occupation of the said E. F. as tenant thereof to the said A. B. and whilst he the said A. B. was so interested therein as aforesaid, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, at, &c. aforesaid, wrongfully and unjustly, without the leave or licence of, and against the will of the said A. B. [Here state the nuisance or subject matter of complaint.] By means of which said several premises he the said A. B. hath been and is greatly injured, prejudiced, and aggrieved in his reversionary estate and interest of and in the said messuage or dwelling-house, with the appurtenances, so in the possession and occupation *of the said E. F. as tenant thereof [* 384 ] to the said A. B. as aforesaid, to wit, at, &c. aforesaid. the water of [Commencement as ante, 287.] For that whereas the said A. B. For diverting before and at the time of the committing of the grievances by the said a river from C. D. hereinafter next mentioned, was and from thence hitherto hath plaintiff's mill (u). been, and still is, lawfully possessed (x) of certain iron and tin works, with the appurtenances, situate and being at (y), &c. and by reason thereof (z) before and at the time of the committing of the grievances hereinafter mentioned, of right (a) ought to have had and enjoyed, (t) See the precedents, 9 Went. 186.8 Wentw. Index 61 to 63. Plead. Ass. 77. 3 Wils. 361. 1 Taunt. 136. That reversioner may sue, see Com. Dig. Action Case, Nuisance, B. 3 Lev. 360. 4 Burr. 2141. The statement of the reversionary interest is merely inducement, and though a seisin in fee, &c. is often stated in a declaration by a reversioner, see 3 Wils. 461. yet in order to avoid the necessity of proving the precise estate as alleged, it may be advisable to adopt the above form, which will suffice; 2 Saund. 133. b. 252. d. Com. Dig. Pleader, C. 39. (u) See the precedents, 8 Wentw. Index, LXV. 2 East. 497.4 East. 107. 6 East. 208. and the notes to the precedent, ante, 378. most of which are applicable. (x) The statement of possession is sufficient, anté, 378. (y) The venue is local, but a local description of the nuisance is unnecessary, 2 East. 477. (z) Sometimes this allegation would be improper. 4 East. 107. 6 East. 438. 1 Taunton. 205-6. 1 B. and P. 37. (a) Ante, 379. and 6 East. 208. COURSES. [⚫ 385] TO WATER- and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or watercourse in the county aforesaid, which during all that time of right ought to have run and flowed (6), and until the diversion thereof hereinafter mentioned, of right had run and flowed, and still of right ought to run and flow unto (c) the said works of the said A. B. for the supplying the same with water for the working thereof, to wit, at, &c. aforesaid. Yet the said C. D. well knowing the premises, but contriving, and wrongfully and unjustly intending to injure and prejudice the said A. B. in this respect, and to deprive him of the use, benefit and advantage of the water of the said stream, and to hinder and prevent him the said A. B from working his said iron and tin works in so ample and beneficial a manner as he had "theretofore done, and of right ought to have done, and to injure him in the way of his trade and business of a manufacturer of tin plates, which he, during all the time aforesaid, exercised and carried on, and still doth exercise and carry on, at the said works, and to put him to great charge, expense, trouble, and inconvenience, whilst he the said A. B. was so possessed of the said iron and tin works, with the appurtenances as aforesaid, and so exercised and carried on his said trade and business therein, to wit, on, &c. and on divers other days and times, between that time and the day of exhibiting the bill of the said A. B. against the said C. D. in this behalf, wrongfully and injuri ously cut, dug, and made, and caused to be cut, dug, and made, in and out of the sides of the said stream or watercourse above the said works, divers, to wit, trenches, cuts, of great depth and width, to wit, of the width of feet, and of the depth of feet, and kept and continued, and caused to be kept and continued, the said sluices, trenches, channels, and cuts, on the sides of the said stream or watercourse, for a long space of time, to wit, from thence hitherto and thereby during all the time aforesaid, unlawfully and wrongfully diverted and turned divers large quantities of the water of the said stream or watercourse out of and away from the said iron and tin works of the said A. B. and stopt, prevented, and hindered the water of the said stream or watercourse from running or flowing along its usual course to the said works, and from supplying the same with water for the necessary working thereof, as the same of right ought to have done, and otherwise would have done, and by reason thereof the water of the said stream or watercourse, sufficient for the supplying of the said works of the said A. B. during all or any sluices, channels, and (b) It is not necessary to shew any cur Carth. 139. 3 Mod. 49. Show 64. (c) It is not necessary to shew the termini of a watercourse, Skin. 389. Comb. 231. COURSES. water, with part of that time, could not, nor did run or flow to the same, as the same TO WATERof right ought to have done, and otherwise would have done, and the said A B. thereby for want of such sufficient water, could not, during that time, use his said iron and tin works, or follo,,, use, or exercise his said trade or business therein in so large, extensive, and beneficial *a manner as he might and otherwise would have done, but was there- [* 386 ] by during all that time deprived of the use and enjoyment of his said works, and of all the benefits, profits, gains, and advantages, which he otherwise might and would have made, by carrying on his trade and business therein, to wit, at, &c. aforesaid. And whereas also the said Second count, stating a geA. B. before and at the time of the committing of the grievance here- neral diverinafter next mentioned, was and from thence hitherto hath been, and sion of the still is, lawfully possessed of certain other iron and tin works, with the out shewing appurtenances, situate and being at, &c. aforesaid, near to a certain the means. other stream or watercourse there, and which said last-mentioned stream or watercourse, before and at the time of the committing of the grievances hereinafter next mentioned, had run and flowed, and been used and accustomed to run and flow, and of right ought to have run and flowed, and still of right ought to run and flow in great plenty and abundance, unto the said last-mentioned works of the said A. B. for the supplying of the same with necessary water for the working thereof, to wit, at, &c. aforesaid. Yet the said C. D. well knowing the said last-mentioned premises, but contriving and intending to injure and prejudice the said A. B. in this behalf, and to deprive him of the use, benefit, and advantage of the water of the said last-mentioned stream or watercourse, and to deprive him of the benefit and profits of his said last-mentioned works, and of his trade and business as manufacturer of tin plates as aforesaid, and to put him to great charge, trouble, expense, and inconvenience, whilst he the said A. B. was so possessed of the said last-mentioned works, with the appurtenances as aforesaid, and carried on his said business therein, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, wrongfully and unjustly diverted and turned divers large quantities of the water of the said last-mentioned stream and watercourse out of the same, and away from the said last-mentioned iron and tin works of the said A. B. and hindered and prevented the water of the said last-mentioned stream or watercourse from running or flowing along its usual course to the said last-mentioned works of the [387] said A. B and from supplying the same with water for the necessary working thereof, as the same ought to have done and otherwise would have done, and by reason thereof the water of the said last-mentioned stream or water-course, sufficient for the supplying of the said lastmentioned works, during that time, could not nor did run or flow to the same as the same ought to have done, and otherwise would have donc, and the said A. B. for want of such sufficient water, could not during that time use his said last-mentioned works, or follow, use, or exercise, his trade and business therein, in so large, extensive, and 20 VOL. II. COURSES. TO WATER- beneficial a manner as he ought to have done and otherwise would have done, but was thereby, during all that time, deprived of the use and enjoyment of the said last-mentioned works, and of all benefit, profit, gain, and advantage, which he otherwise might and would have made, by carrying on his said trade and business therein, to wit, at, &c. aforesaid. And whereas also the said A. B. before and at the time of the com Third count, for not keep [⚫ 388] ing the banks mitting of the grievances hereinafter next mentioned, was and from of the river in thence hitherto hath been, and still is, lawfully possessed of certain other repair (d). works, with the appurtenances, situate and being at, &c. aforesaid, near a certain other stream or watercourse there, and which said last-mentioned stream or watercourse, before and until the time of committing the grievances hereinafter mentioned, had run and flowed, and had been used and accustomed to run and flow, and of right ought to have run and flowed, and still of right ought to run and flow, in great plenty and abundance unto the said last-mentioned works of the said A. B. for the supplying of the same with necessary water for the working thereof, to wit, at, &c. aforesaid. And whereas the said C. D. before and at the time of the committing of the same grievance hereinafter mentioned, was and from thence hitherto hath been, and still is, possessed of divers, to wit, closes of land, on the banks and sides of the said last-mentioned stream or watercourse, and the said C. D. by reason thereof, during all the time aforesaid, of right ought to have repaired and amended, and still of right ought to repair (e) and amend such part of the banks of the said stream or watercourse, which are situate within and parts of the same closes, as occasion hath required, or should require, to prevent the water of the said last-mentioned stream or watercourse from escaping or running from the same, through the said banks, through the defects and insufficiencies thereof. Yet the said C. D. well knowing the said last-mentioned premises, but contriving, and intending wrongfully and unjustly to injure, prejudice, and aggrieve the said A. B. in this behalf, and to deprive him of the use, benefit, and advantage of the water of the said last-mentioned stream or watercourse, and of the benefits and profits arising from his exercising and carrying on his said trade and business in the said lastmentioned works as aforesaid, whilst he the said A. B. was so possessed of the said last-mentioned works, with the appurtenances as aforesaid, and carried on his said trade and business therein, to wit, on, &c. and from thence for a long space of time, to wit, hitherto wrongfully and unjustly suffered and permitted the said banks to be and continue, and the same during all that time were ruinous and in bad condition for want of needful and necessary repairing and amending of the same, whereby divers large quantities of the water of the said last-mentioned (d) This count is proper, in order to avoid the risk of not being able to prove that the defendant made the cuts, as stated in the first count. (e) This is a sufficient allegation, Ld. Raym. 1568. Salk. 360. 3 T. R. 766. 2 Saund. 113, 114. post, 395. n. q. |