case ex part Armitage and other Q whether a writ of ad quod damnum will he to  change the condition of a way Writ quash for insufficiency in the equivalent  require No entry in l r in chancery that Jan Lincoln inn hall petition to  quash a writ of ad quod damnum and the inquisition take and return make upon  it the case be Mr Charles brandling obtain a writ of ad quod damnum to lie  down timber wood and other material for a waggonway of the length of yard c in  a certain lane call Woodhousehill lane in the county of Durham so that he his  heir and assign make good and keep the same in repair as long as he and they  shall use the same Lord chancellor after argument at bar the exception to the  writ and inquisition come under three head saint that such a writ not to turn  but to change the condition of a way be unprecedented d if such writ may be  this be bad because the condition on which it be grant be too uncertain and  that the condition be the only compensation to the king and his subject for  make such change d that it be not a case within the stat that and that W and  the proceed before the session on the appeal be in person non judge and void  as to the saint and d I hall not give any opinion upon they but find my  judgement on the d exception the saint be a point of great consequence with  respect to the prerogative of the crown the three respect the jurisdiction of  the quarter session this be not a writ for enclose a highway but for change  ambler the condition and quality of it as at present advice though I do not  mean to give a judicial determination I think it be not within the act of  parliament to d exception in all case of writ of ad quod damnum whether to  change a old way for a new one or to alter the condition of a way the new way  or way so alter must be to all intent and purpose as beneficial to the king  and subject as the old way be before and so be mouth car the king v ware if a  robbery be commit on the new way a action will lie for it on the stat  Winchester the parishioner will be oblige to repair the new way as they be the  old Q whether the condition here will answer these purpose with sufficient  certainty it be necessary there shall be a certainty as to the person liable  to the repair of the way if nobody else be the parishioner in general be  liable to the repair of highway that be a perpetual charge king v inhabitant  of Sheffield t r anon Lord raym king v mayor of Liverpool east burn just vol  ed private person may be liable ration tenur that be also perpetual so they  may by enclose of part of the way on the one or on both side be liable to the  repay of the whole or part hawk c S that be only a temporary charge until the  enclosure be throw open sand the king v Stoughton in the present case it be  intend to lie a charge of repair on b and his heir similar to the case of  enclose and narrow the highway but suppose it shall be foundrous who can tell  what be a sufficient non user to discharge b and his heir from the repair on a  indictment against he he may be acquit for want of evidence ambler of user on  a indictment afterward on the parish they may be acquit on a slight evidence  of his continue to use they it be not like the case of enclose and narrow the  road for the throw the enclosure open afterward be a notorious thing to the  whole country several answer be offer at bar saint it be compare to the case  of narrow a way but that can be only by the owner of the soil brandling be not  so here if he be it will be a still further objection the owner of the soil in  narrow a way do it by commonlaw right and it be always open to be try whether  what he have do be lawful but after this writ be execute and grant make upon  it it be not so ambler er p d say it will have be good without any condition  at all and the condition shall not vitiate that where there be two way to the  same place a writ of ad quod damnum and licence upon it may be grant to  enclose the one of they without oblige the party to set out another way but I  can admit this writ will have be good without any condition the condition be  the compensation to the king and subject for the detriment which may otherwise  happen to they Lord Vaughan opinion in the case of Thomas v sorrel foe be only  a general obiter dictum three precedent be cite out of the register of such  writ without a condition they be print short with a c but I be of opinion that  under a general writ of ad quod damnum without specify any condition in the  writ the jury by virtue of the word as et quomodo may find it will be to the  damage unless c and the condition may be afterward add in the grant in the  present case the writ require that there be a equivalent but that be not  sufficient certain therefore let the writ and inquisition be quash as this be  a judgement and by the practice of the petty bag no judgement can be give but  in term time let it be draw up the next term see ex part Vennor atk king v  just of Essex b a it be by the stat Geo c enact that it shall be lawful for  any person or person aggrieve by any inquisition take on any such writ of ad  quod damnum to make his complaint by appeal to the justice of the peace at the  quarter session