Semble,  that  if  the  conviction  had  been  on  an  indictment  in  precisely  the  same
terms,  it  would  not  be  admissible.     Ibid.
An  order,  under  18  &  19  Vict.  c.  121,  to  abate  and  discontinue  a  nuisance  and
to  do  such  works  and  acts  as  are  necessary,  is  not  subject  to  appeal.  Ex  parte
Mayor  of  Liverpool,  xcii.  537 ;  8  E.  &  B.  537.
Tha^owner  of  a  market  penning  sheep  with  hurdles  on  a  pavement,  where  their
droppings  cause  a  nuisance,  is  bound  to  remove  it,  under  18  &  19  Vict.  c.  121.
Draper  w.  Sperring,  c.  113;  10  C.  B.  N.  S.  113.
The  justices  cannot  determine  a  compbint,  under  18  &  19  Vict.  c.  121,  unless
both  the  cause  and  effect  of  the  nuisance  be  within  the  area  of  their  jurisdiction.
Regina  v.  Cotton,  cii.  203  ;  1  E.  &  E.  203.
It  is  an  indictable  nuisance  to  obstruct  the  footway  with  earth  and  bricks  in
order  to  lay  down  pipes  for  connecting  gas  mains  with  private  houses  without
the  authority  of  parliament.  Regina  v.  Longton  Gas  Co.,  cv.  651  ;  2  E.  &  E.
651.
Persons  laying  down  a  tramway,  found  by  jury  a  nuisance,  as  obstructing  high-
way, are  liable  criminally.     Regina  v.  Train,  ex.  640 ;  2  B.  &  S.  640.
Under  18  &  19  Vict.  c.  121,  s.  20,  warrant  to  levy  penalty  imposed  for  dis-
obeying order  to  abate  nuisance  cannot  be  issued  without  previous  summons.
Regina  v.  Jenkins,  cxiii.  116  ;  3  B.  &  S.  116.
Where  statutory  powers  when  conferred  may  be  exercised  without  causing  a
nuisance,  but  because  of  changed  conditions,  it  afterwards  becomes  impossible,
the  persons  exercising  them  may  be  indicted.  Regina  v.  Bradford  Nav.  Co..
cxviii.  631 ;  6  B.  &  S.  631.
