coke b rook case hill Elizabeth in the common plea as to sewer assessment see  Hammersmith bridge company v overseer of Hammersmith lr qb and as to the  definition of discretion p a sharp v Wakefield ac tenant at will or other  particular tenant can bind he who have the inheritance commissioner of sewer  ought to tax equal all who be in danger of be damnified by nonrepair of bank c  if one be bind by prescription to repair the riverbank yet on commission award  the commissioner ought to tax all who have land in danger Inst Hardr palm skin  in replevin in the common plea by rook against wither the defendant justify  the take by authority of a commission of sewer direct to b S and other to  survey all wall prout in the commission in the river of Thames in the county  of ken t and Essex because one carter c be assess to every acre for repair of  a bank c for the nonpayment of which he take the distress to which the  plaintiff reply of his own wrong without such cause and the juror find the  commission and the stat of h c a   a a a   Cr James Bulst Calais sect f a h c  and that the commissioner do impanel a jury to inquire of default who present  that seven acre of meadow in which the distress be take be next adjoin to the  river and that the bank of the river be adjoin to the say seven acre for which  they tax carter to pay S for every acre and the jury further find that the  occupier of the say seven acre b roll Rep b have use always to repair the say  bank sometime voluntary and sometime by presentment and further that diverse  other person have land to the quantity of acre within the same level and  subject to drown if the say bank be not repair and whether this assessment of  the owner of the land next adjoin only without any assessment of the other who  have land subject to the like danger of drown be lawful or not be the question  and in this case three point be resolve that the find of the repair c by the  occupier of the say seven acre be not material because the a roll Rep   a  occupier may be tenant at will or other particular tenant who can by their act  bind he who have the inheritance that the commissioner ought to tax b   a roll  Rep Bulst Cr James b all who be in danger of be damage by the not repair equal  and not he who have the land next adjoin to the river only for the statute of  h cap S on which coke a the commission of sewer be form and specify have  precise word in the say commission that no person of any estate or condition  shall be spare ita quod some to hold the earth allow property c rich well poor  well one pron  interrog  condition status well rank to be who a defending just  salvation per prd Wallias ditch throat pontes calcela whirlpool c to have well  to have polerint not at all to act sparingly in here part and if the law shall  be otherwise inconvenience may follow for perhaps the rage and force of the  water may be so great that the value of the land adjoin will not serve to make  the bank c and therefore the statute will have all who be in danger and who be  to receive benefit by the make of the bank to be contributory for coke report  b er p c   a   b   b   light a Inst cart keb c who perceive just to discern by  sense debet onus and the say statute require equality which well agree with  the rule of equity vide the case of bankrupt in the second part of my report  et vide h Ber title witness d   b Br n c Bulstr d e   b assize   b   a a    light b b hob Bulstr Cr James h b   b e and sir William e   e Herbert case in  the three part of my report case of equality ground on reason and equity  himself f   a a Inst Bulstr Calais sect hob Hardr Cr James Bulst f etenem law  to long for uljure to keep straight and notwithstanding the word of the  commission give authority to the commissioner to do accord to their discretion  yet their proceed ought to be limit and bind wit the rule of reason and law a  Vid post Keighleys case   a and note ib and Vid Doswell v impey barn Cress SC  dow Ryl a for g   b   a   b   light a a b b b g discretion be a science or  understanding to discern between falsity and truth between wrong and right  between shadow and substance between equity and colourable gloss and pretence  and not to do accord to their will and private affection for as one say ankle  discretion separation to pour together and walmesley justice hold and it be  not deny by any that if the owner of the land be bind by h   a Calais sect h  prescription to repair the riverbank that yet on such commission award the  commissioner ought not to charge he only with the whole but ought to tax all  who have land in danger and to this purpose the statute be make for otherwise  a   b a it may be that all the land will be drown before that one person only  can repair the bank and that appear by the word of the statute wherefore  judgement be give for the plaintiff b Calais in his read on sewer p observe  this be mistake be discreet alter in the say case of Keighley by the author  himself for how can it be presume that the learned maker of this worthy law  will have strike down at one blow so many thousand prescription customs  and c  Vid king v commissioner of sewer for Essex barn Cress SC dow Ryl that where a  individual be bind by prescription or otherwise to repair a sea wall still if  there be no default on his part and damage be sustain by a extraordinary flood  or tempest the whole level must bear the loss and be contributory to the  repair but that they shall not be contributory where there be default in he b