case tempt Hardwicke the king versus the inhabitant OF all saint and saint  mary see stram where it do not appear that any part of the road be in the  parish indict for not repair it the indictment be hold bad so likewise if the  breadth do not appear yet quaere these parish be indict for not repair the  highway and have demurrer to the indictment marsh in behalf of the parish take  several exception to the indictment be it exception that there be no name of  the grand juror set out roll Abr and Keble but the indictment be read it  appear their name be set out d exception that the indictment be not sufficient  certain in set out the length and breadth of the road for it say only contain  by estimation about acre in length c roll Abr d exception that there be three  parish joint indict though it be a separate offence style that exception that  it do not appear that these parish be bind to these repair for it do not  appear that the road be in any of the parish nor be there a sufficient  prescription lie to charge they otherwise it be only say that they have use  and accustom to repair Lord Hardwicke c j I do not see upon this last  exception how this indictment can be maintain the parish be a ecclesiastical  division yet they be of common right bind to repair the road and therefore it  be sufficient to show that a way lie within such a parish and be out of repair  and to pray process against the inhabitant now here it appear that this  highway be within the liberty of Derby but it do not that the three parish be  within the liberty of Derby it be only say that they be within Derby and even  if these word do sufficient show that yet it will not then appear that they be  all within the liberty so as to make they a will and if that appear too it  shall be show likewise by what mean they be Chargeable case tempt Hardwicke er  p but it do appear upon this indictment that any part of this road be within  the parish so that it be bad upon this exception case tempt Hardwicke lee I I  be of the same opinion and I shall think too that the indictment be bad upon  the d exception for if the breadth do not appear how can the court set a  proper fine all agree that it be bad on the last exception judgement for  defendant see also post hawk p c c S show send for but as the court do not at  present estimate the fine from the description of the length and breadth of  the road as state in the indictment perhaps the want of state it will not now  be consider as a fatal objection see wms sand b will and see say r