But if a man makes a bridge for the common good of all the subjects, he is not bound to repair it; for no particular man is bound to repair bridges by the common law, but by reason of the tenure of his lands or by prescription, and the burthen falls on the inhabitants. 2 Inst. 701.

Yet in order to affect them it is not enough that the new bridge be built in a highway used by the public; it must also be useful to the public and if an indictment for not repairing it alledge that the bridge is in a public highway and used for all the king's subjects, it is well enough; and at least sufficient to throw the onus upon the inhabitants of the county of shewing who also is bound to the repair. Same Case, 2 East's Rep. 341. 348.

Thus where a particular district rebuilt a foot-bridge over a more convenient part of the stream, and converted it into a bridge for horses, carts, and carriages; as the district was not bound by custom to build or repair such a bridge, but a foot bridge only, and as they built a quite different bridge, in a dif ferent place, which proved of common public utility to the county, the Court were unanimous, that the county and not the disfrict were bound to repair it. 5 Burrow's Rep. 2594. Black. Rep. 685.

However, in a late case it has been decided that the particular district in such case shall contribute pro rata as for a footbridge; For where to an indictment against a riding for not repairing a public carriage bridge, the plea alleged that certain townships had immemorially been used to repair the said bridge: evidence that the townships had enlarged the bridge some years before to a carriage bridge, which they had before been bound to repair as a foot bridge, was held not sufficient to support the plea: for by the general law it is established that where a township or any private individuals build a new bridge and dedicate it to the public benefit, and it is used by them, the onus of repairing it will fall upon the county at large; but where a party is bound to repair a foot bridge, he shall not discharge himself by turning it into a horse or carriage bridge, but still he shall only be bound to repair it as a foot bridge; that is, pro rata; and beyond that the county are bound to repair,if the bridge be of public utility. Rex v. West Riding of Yorkshire, Mic. 28 Geo. 3. 2 East's Rep. 353, n.a. And upon this principle, the county has been held, by Ld. Kenyon, on the trial of an indictment at nisi prius, to be liable to repair a bridge built in the highway and used by the public above forty years, although it was originally erected by an individual for the purpose of making a commodious way to his tin works. 1 Buc. Abṛ 8vo. edit. 535,

But if it appear to have been treated as a nuisance, and never acquiesced in by the public, it is otherwise; for if it be built in a slight or incommodious manner, no person can at his choice impose such a burden on the county; and it may be treated altogether as a nuisance, and indicted as such: however, if the publice by without objection and make use of it for sowe

time, it is evident that they adopt the act; and the bridge be.
coming of public benefit, the burden of repair ought properly to Gursbure
fall on the public. 2 East's Rep. 341. 318.
Bridge.

tants of coun

But now for the more clearly ascertaining the description of Description of bridges HEREAFTER TO BE ERECTED, which inhabitants of coun- bridges, inbabities shall be liable to repair and maintain; IT IS ENACTED, by ties shall be 43 Geo 3. c. 59. that no bridge hereafter to be erected in liable to repair. any county, at the expence of any individual or private person, body politic or corporate, shall be deemed a county bridge, or a bridge which the inhabitants shall be compellable to repair, unless such bridge shall be erected in a substantial and commodious manner, under the direction or to the satisfaction of the county surveyor, or person appointed by the sessions*; which surveyor, or person so appointed, is to superintend the erection, when thereunto requested by the party desirous of erecting the same; and in case the said party be dissatisfied, the matter shall be determined by the said justices at their next sessions.

s. 5.

But nothing herein contained shall extend to any bridges Act not to exwhich any person, or bodies politic or corporate, are liable tend to bridges to repair by reason of tenure, or prescription. s. 7.

A tenant at will of an house which adjoins to a common bridge, although he is not bound as between landlord and tenant to repair the house, yet if it becomes dangerously ruinous to the necessary intercourse of the bridge, as tenant at will only, he is bound, by reason of his possession, to repair it, so far as to prevent the public being prejudiced. 2 Ld. Raymond, 856.

But no man can be compelled to build or contribute to the charges of building of any new bridge, where never any were before, without an act of parliament. 2 Inst. 701.

For by Mag. Char. 9 Hen. 3. c. 15, No town nor freeman shall be distrained to make bridges nor banks, but such as of old time and of right have been accustomed.

II. In what manner bridges are to be repaired.

It seems clear that those who are bound to repair bridges, must make them of such height and strength as shall be answerable for the course of the water, whether it continues in the old channel, or makes a new one; and that they are not punishable as trespassers for entering on any adjoining land, for such purpose, or for laying on the materials requisite for such repairs. 1 Hawk. c. 77. s. 1.

But the inhabitants of a county cannot of their own authority change a bridge or highway from one place to another, for that cannot be done without act of parliament. 2 Inst. 701.Carthew,

193.

Or, in the county of Lancaster, at their annual sessions,

repaired by reason of tenure.

Power of sessions to pur. chase lands

joining bridges.

Enlarging of rebuilding.

And by 14 Geo 2.c. 33, The justices at their general sessions, or general quarter sessions, or the major part, may purchase, or agree with any persons, or bodies politic, for any piece of land adjoining or near any county bridge, within their limits, for enlarging or rebuilding the same; which pieces of lands shall not exceed one acre in the whole for any such bridge, and shall be paid for out of the county rates, and the treasurers being authorised by orders under the hands and seals of the justices at their general or quarter sessions; which lands shall be conveyed to such persons as the justices shall appoint in trust for enlarg ing or rebuilding such bridges.

In the K.v. the Justices of Glamorganshire, Tr. Ter. 33 Geo. 3. it appeared that a new bridge, built in consequence of an old one having been presented as ruinous, was not built precisely on the scite of the old one, but that it varied for several yards from the former position--it was insisted that the sessions had no authority to build the new bridge on a different foundation from the old one. But it was determined that the above act impliedly gives them that power, for it enables them to purchase land adjoining any county bridge for the more commodious enlarging or convenient rebuilding the same, and therefore im pliedly gives them the power of altering the position of the bridge to suit the convenience of the public. 5 Term Rep. 279. 283.

And an opinion was entertained, though the point was not expressly decided, that the inhabitants are obliged to widen bridges if necessary, for in the K.v. the Inhabitants of Cumberland; Hil.Ter.33 Geo. 3,a question was discussed respecting the liability of the inhabitants of a county to widen a bridge, which is not of sufficient width to answer the exigencies of the public. THE COURT (though no positive opinion was given) strongly intimated, that if a bridge used for carriages, though formerly adequate to the purposes intended, becomes not of sufficient width to meet the public exigencies, owing to the increased width of carriages, the bur den of widening and it must be borne by those who are bound to repair the bridge; and upon that question Ld. Kenyon, Ch. J. said there could not be entertained much doubt. 6 Ter. Rep.

194.

However, this record having been removed by writ of error Into the House of Lords, the Lord Chancellor put a question to the judges, whether the House could enter into the above general question, or whether after a general verdict (this not being a special one) it must not be presumed that the over narrowness mentioned in the indictment arose from the bridge, by some cause orother, having been contracted from its ancient width; and his Lordship observed, that if the judges should think so, it would be unnecessary to hear any further arguments as to the general question, which would remain undecided, and as to which, he added, he entertained considerable doubts. Afterwards Macdonald Ch. Bar. delivered the opinion of the judges: that upon this record

the general question was excluded, since it must be presumed after verdict, that the overnarrowness of the bridge had been oc casioned, either from some addition having been made to the inside of the battlement, or from some other cause, by which the ancient width of the bridge had been contracted; and accordingly the judgment of the court of King's Bench was affirmed. 3 Bos. and Pul. 354.

However, since the agilation of this question, an act has been passed, to remove all doubts how far the inhabitants are liable to improve such bridges, when they are not sufficiently commo dious for the public.

For it is enacted by 43 Geo. 3. c. 59. that where any bridge or roads at the ends thereof shall be narrow and incommodious, it shall be lawful for the justices, at every sessions, to order such bridge and roads to be widened, improved, and made commodious for the public; and where any bridge repaired at the expence of any county, shall be so much in decay as to render the taking the same wholly down expedient, it shall be lawful for the justices, at any sessions, to order the same to be rebuilt, either on the old scite or on any new one, more convenient to the pub. lic, contiguous to or within two hundred yards of the former one.

$.2.

And if, for the purpose of altering the situation, or of widening or enlarging any such bridge, or roads, it shall be necessary to purchase any land, such county surveyor, under the direction of such justices at their general quarter sessions, may set out and ascertain the same, not exceeding in the whole, one acre at any one bridge, and may agree with the owner for the purchase thereof, either by a sum in gross, or by an annual rent, at the option of such owner; and if the Surveyor cannot agree for the purchase, or by reason of such owner not being to be found, shall be prevented from treating, then the justices in sessions shall impannel a jury, and assess the compensation for such land, and for the trespass and damage to be done by the execution of the powers of this act, in the same manner as they are authorized to do By the stat. 13 G. 3. c. 78, in relation to highways*; and every clause, in the said act as well with respect to impannelling juries, examining witnesses, payments of expences, enabling persons to sell and convey, and all other powers and provi sions therein, are hereby extended to the works by this act authorized to be done as far as applicable. s. 2.

But no money shall be applied to the amendment or alteration of any such bridge, until presentment shall have been made of the insufficiency, inconveniency, or want of repara. tion of such bridge, in pursuance of some of the statutes' how in force concerning public bridges. s. 2.

* Sée Title Highways.

get materials

Surveyors of And the surveyor of bridges and other public works in county bridges every county appointed by the justices at sessions, is authorized empowered to to search for, take, and carry away gravel, stone, sand, and other materials, for the repair of such bridges and roads at bridges, in the the ends thereof, and to remove obstructions and annoyan same manner as ces from such bridges and roads, in the same manner as the surveyors of turnpike roads. Surveyors of any common highway are by 13 Geo. 3. c. 78,

for repair of

Tools and mate

rials provided

authorized to do; and the several powers thereby vested in the surveyors of highways, are hereby vested in the surveyors of county bridges, and the roads at the ends thereof. The said surveyors making satisfaction for all trespass and damage done in the execution of the powers of this act, in the same manner as surveyors of highways. s. 1.

And the right and property of all tools, implements, timber, bricks, stones, gravel, and other materials, purchased, gotten, by the quarter or had, by the order of justices in counties, or the surveyor of county bridges, shall be vested in such surveyor for the time being; in whom upon any action or indictment, such property may be laid. s. 3.

sessions vested

in the surveyor.

Inhabitants of

And the inhabitants of counties may sue for any damages counties may done to bridges and other works, maintained at the expence of sue for damages such counties, and for the recovering any property belonging done to bridges to such counties, in the name of their surveyor, and may be sued in the name of such surveyor; and every such surveyor in whose name any action or suit shall be prosecuted, or defended, shall be reimbursed out of the public stock of such county all his costs and charges therein.

in the name of the surveyor.

Orders in the county of York

the sessions.

S. 4.

All proceedings within the county of York, relative to county bridges, shall in future be made at the annual and ge to be made by neral quarter sessions holden the first whole week after Easter, and at no other, except at such adjournment as shall be made at the above Euster sessions, for the express purpose of carrying such orders into effect. s. 6.

For suffering

But any two justices of the said ridings, in cases of emergency, may give such orders for making temporary bridges, or such temporary repairs as shall be necessary for the temporary ac commodation of the public. s. 7.

III. In what manner persons bound to repair are to be proceeded against.

If a bridge be a private bridge, as to a mill, which A was private bridges bound to maintain, over which B has a passage, if the bridge to decay, an ac- is in decay, B may bring his action. 2 Inst. 701.

tion lies.

Public bridges

But if the bridge is for the public, the remedy is by presentmust be pre ment at the suit of the king, for avoiding multiplicity of suits. 2

sented.

Inst. 701.