
    Nolin vs. Mayor and Aldermen of Franklin.
    Where the charter of a corporation authorizes it to pass laws to prevent and remove nuisances, held, that a law prohibiting the showing or exhibiting stud horses in the town, is within the power.
    Showing or exhibiting stud ho.rses in a town is a nuisance.
   Per Curiam.

The act incorporating the town of Franklin, 1815, ch. Ill, gives the corporation power to enact and pass laws to prevent and remove nuisances. A corporation law was passed, inflicting a penalty of five dollars on any person who should exhibit a stud horse in the town. The defendant was recovered against for the offence. Was this a nuisance within the meaning of the act of incorporation? Keeping hogs in a market town has been so holden; (Salk. 460) as are ale houses, gaming houses, brothels, booths and stages for rope dancers, mountebanks and the like. 1 Hawk. P. C. ch. 75, sec. 6. The exhibition of these in the streets would be clear-1y a nuisance; and we think as certainly showing and keeping a stud horse in the town is. The corporation law was warranted by the charter.

J. J. Dozier, for plaintiff in error,

i?. C, Foster, for defendant.

Judgment affirmed.  