Present : The Hon. Sir Joseph T. Hutchinson and
Mr. Justice Middleton.

FORREST v. LEEFE.

P. C, Galle, 47,198.

Criminal Procedure Code, ss. 105, 109, SS8, and 425-Order to abate a nuisance-Appeal lies-What constitutes a public nuisance.
An appeal lies against an order absolute (under o section 109, Criminal Procedure Code) to abate a public nuisance.

A person cannot by long continuance of his practice acquire a right to carry on a business in such a way as to be a public nuisance. If the place where he carried it on was at first surrounded by land on which there were no dwellings, but houses gradually approach it, so that it becomes a nuisance to the inhabitants, they have a right to have it abated. He cannot by making injurious noises or smells for a long time deprive the public of the right to live peaceably and comfortably ' on the land near him. The doctrine that a man who " goes to " a nuisance has no legal right to have it abated is not now accepted; there are things which would be a nuisance in a quiet village, which we would not consider to be a nuisance in a crowded manufacturing town.

THIS was an appeal against an order absolu