| Chap. 16.
Ibid. |
Bridges.
Also the said four Justices of Peace may allow such
reasonable cost and
charges to the said Surveyors and Collectors, as by their discretions they
shall think convenient. |
45 |
| P. 1. |
If any such Bridge shall ly wholly in a City or
other Corporate Town,
the Inhabitants of the Shire or Riding shall not be charged therewith,
but
such Bridge shall be made and repaired by the Inhabitants of such City
or
Town-Corporate. |
§. 2.
Who shall
be charged. |
| P. 1. |
If any such Bridge be without a City or Town Corporate,
the same
shall be made and repaired by the Inhabitants of the Shire or Riding within
which the same Bridge shall be. |
|
| Ibid. |
If part of any such Bridge be in one Shire, Riding,
City or Corporate-Town,
and part in another, then every of them shall be charged to make
and repair such parts as shall lye and be within their limits, &c. |
|
Magna
Charta.
25. P. ti.
Wars 1.
F. Grants
94.
41 E. 3.31.
21 E. 4.46. |
But otherwise no Village or Free men shall be compelled
to make any
Bridge, but such as of old time and by right they had wont to make, and
that they and their Ancestors have used time out of mind to make the
same, or that they hold certain Lands to make the same: for though a man
of his own accord hath made or amended a Bridge, yet shall he not be
thereto constrained at another time; and yet if a man and his Ancestors,
or
a Corporation, &c. have time out of mind used to do such things, although
they did it of their own free mind and accord, and not of right, nor have
any Land by reason whereof they may be tied, yet such continuance shall
conclude them and their Heirs or Successors. And so of High-ways,
21 Ed.
4.46. |
|
|
Also there is a Writ in the Register directed
to the Sheriff, willing him
to cause such to whom it belongeth, to repair a Bridge, or repair High-ways,
&c. Reg. Orig. fol. 153, 154. |
|
|
Where a man and his Ancestors or Predecessors have
used time out of
mind to repair a Bridge, the King cannot acquit or discharge them thereof.
Fitz. Gr. 94. |
|
|
Where it is presented that J. S. ratione tennræ
suæ hath used to repair
such a Bridge, his implieth a Prescription. 21 E. 4.38. Crom.
176. |
|
|
But a Presentment that J. S. and his Ancestors
have used to repair such a
Bridge, this is no good Prescription to charge the Heir (by the act
of his
Ancestor) without any profit to be taken therefore. 27 Ass.
8. Cromp. 187.
See the next Case but one. |
§. 3.
Prescription. |
|
Otherwise it is of a Corporation Spiritual or Temporal:
they by reason
of usage time out of mind, &c. may be charged at this day to repair
a
Bridge, although they have no Land by reason whereof to be charged, for
that such a Body never dieth. Ibid. |
|
|
Also where a man hath once repaired a Bridge, and
that afterwards the
same was not repaired within the memory of a man, by some Opinions, he,
or they which have his Estate in Land, shall be bound to repair the Bridge;
for that it shall be supposed to have been done at the first, by reason
or cause
of his Tenancy, except some other particular cause of the doing thereof
shall be proved: but where the cause shall appear, there cessante
causa,
cessabit effectus. |
|
B. Bridges
1. |
He that hath his Land adjoyning to such a Bridge,
is not chargeable to
make or repair the Bridge, except where they have made it by Prescription.
8 H. 7. fol. 5. b. |
|
Cro. 186.b.
& 137.b.
* 37 Ass.
pl. 10. per
Green. |
By common right Bridges shall be amended by the
whole County, for
that is for their common good and ease; and yet if any have Fishings
or
other profit in that River, they in Reason and * Law (it seemeth) are
chargeable; and therefore the Justices of Peace in good discretion may
tax
such proportionably to their profit. |
§. 4. |
