coke repair OF bridge highway c pasch James note that this term a question be  move at sergeantsinn who by the commonlaw ought to repair the bridge a common  river and sewer and the a by stat h cap which be declaratory of the commonlaw  text infra Com dig chimin b king v inhabitant of the west ride of Yorkshire  east bridge if they be without the city or town corporate shall be make by the  inhabitant of the shire or ride within the which the say bridge decay shall  happen to be and if they be within any city or town corporate then by the  inhabitant of every such city or town corporate wherein such bridge shall  happen to be and if part of any such bridge so decay happen to be in one shire  ride city or town corporate and the other part thereof in another shire ride  city or town corporate or if part be within the limit of any city or town  corporate and part without or part within one ride and part within another  that then in every such case the inhabitant of the shire tide city or town  corporate shall be charge and Chargeable to amend make and repair such part  and portion of such bridge so decay as shall lie and be within the limit oi  the shire ride city or town corporate wherein they be inhabit at the time of  the say decay the county be therefore prima fancy liable to repair all bridge  situate within it unless they can show that other ought to repair they either  by reason of some consideration or because they be bind to repair by  prescription Inst the inhabitant of a township may be bind by prescription  without any consideration to repair a county bridge situate within the  township king v west ride of Yorkshire barn Ald but if the bridge be without  the township there must be a consideration for the prescription king v  inhabitant of Mackynlleth and Pennegoes barn Cress SC dow Ryl in those case  where the bridge be situate within a town corporate in a plea by the  inhabitant of a county to a indictment against they for not repair a bridge so  situate it will be sufficient for they to aver that the bridge be within a  town corporate and that therefore such town corporate ought to repair it  without aver that the town corporate be bind by prescription or otherwise king  v inhabitant of Dorset KB east term ms if new bridge be build by private  individual which bridge be beneficial to and use by the public the charge of  repair they fall upon the county king v inhabitant of the west ride of  Yorkshire burr king v inhabitant of the west ride of Yorkshire east where a  person about year back erect a mill and dam thereto for his own profit per  quod he deepen the water of a ford through which there be a public highway but  the passage through which be before the deepen very inconvenient at time to  the public and the miller afterward build a bridge over it which the public  have ever since use the court of KB hold that the county and not the miller be  Chargeable with the reparation king v inhabitant of the county of ken m S but  by stat Geo cap No bridge hereafter to be erect or build in any county by or  at the expense of any individual or private person or person body politic or  corporate shall be deem or take to be a county bridge or a bridge which the  inhabitant of any county shall be compel or liable to maintain or repair  unless such bridge shall be erect in a substantial and commodious manner under  the direction or to the satisfaction of the county surveyor or person appoint  c if the inhabitant of a township have enlarge a foot bridge which they be  coke report er p highway and by what mean they shall be compel to it and first  of the bridge and as to they it be to be know that of common right all the  country shall be bind to repair and convert it into a bridge for the passage  of carriage they be not oblige to maintain it in its enlarge state but will  still be liable pro rata king v west ride of Yorkshire east n a the county or  ride be liable to the repair of a bridge build by trustee under a turnpike Act  there be no special provision for exonerate they from the commonlaw liability  or transfer it to other though the trustee be enable to raise toll for the  support of the road king v inhabitant of the west ride of Yorkshire east where  to a indictment against a county for not repair a bridge in a public highway  they plead that by a certain Act of parliament for amend this road certain  trustee be direct to lie out the toll thereby grant in repair the road and be  empower to make and repair bridge that the bridge in question be erect by the  trustee under and by virtue of that Act and thatthe trustee be liable and  ought to repair to which plea there be a replication that the trustee be not  liable to repair hold that the bridge be build for public purpose in a public  highway the commonlaw liability to repair attach upon the inhabitant of the  county as soon as it be build and that the plea be clear insufficient to  exonerate they as it do not aver that the trustee have fund adequate to the  repair of the bridge and semble if that fact have be aver and prove still the  inhabitant of the county will have be primary liable and must have take their  remedy against the trustee king v inhabitant of Oxfordshire barn Cress SC dow  Ryl but the inhabitant of a county be not bind by the commonlaw to widen a  public bridge king v inhabitant of Devon barn Cress Vid stat oh Geo cap burn  just title bridge a navigation company be empower by a private Act of  parliament to make the river Medway navigable and to take toll and to alter  such bridge and highway as may binder the passage or navigation leave they or  other as convenient in their room under these power the company deepen and by  increase the depth destroy a ford and build a bridge over the same place they  be hold liable to the repair of this bridge as under a continue condition to  preserve the new passage in lieu of the old one which they have destroy for  their own benefit king v the inhabitant of ken east king v inhabitant of  Lindsey east by the commonlaw declare and define by the stat h c and  subsequent act where the inhabitant of a count be liable to the repair of a  public bridge they be liable also to repair to the extent of foot of the  highway at each end of the bridge and if indict for the nonrepair thereof they  can only exonerate themselves by plead special that some other be bind by  prescription or tenure to repair the same king v the inhabitant of west ride  of York east SC affirmed on error taunt dow but it may be plead by the  inhabitant of a county that a particular township have from time immemorial  repair a highway at the end of a county bridge situate within the township  without show any consideration king v west ride of Yorkshire b a the county of  Dorset be divide from the county of Devon by the river Yarty over which be a  bridge repair by the county of Dorset who also maintain the foot of road on  the Devonshire side of the bridge within that foot flow a small stream through  which be a ford a individual in lieu of the ford build a bridge which be adopt  by the public on a question upon who fall the onus of support this last  mention bridge it be decide that be a new and substantial bridge of public  utility within the county of Devon that county be bind to repair it and can  not throw the charge on the county of Dorset as be within the foot of the  original bridge over the Yarty repair by the latter county king v inhabitant  of Devon east if a manor be hold by the service or tenure of repair a common  bridge and that manor come to be divide into several hand every one of these  alienees be tenant of any parcel either of the demesne or service shall be  liable to the whole charge and they be contributory among themselves and  though the lord may agree to this charge the alienees this will not alter the  right of the public if a manor liable to coke report er p charge to the  reparation of a bridge and therewith agree Edward b that a bridge shall be  levy by the whole country because it be a common easement for the whole  country and as to that point the statute of h cap be but a affirmance of the  commonlaw and this be true when no other be bind by the law to repair it but  he who have the toll of the man or cattle which pass over a bridge or causey  he ought to repair the same for he have the toll to that purpose et who  perceive just to discern by sense debet et onus and therewith agree e bar also  a mail may be bind to repair a bridge ration tenurce of certain land but a  particular person can be bind by prescription sure that be and all his  ancestor have repair the bridge if it be not in respect of the tenure of his  land take of toll or other profit for the act of the ancestor can charge the  heir without profit but a abbot or other corporation who have a lawful be may  be charge sure that be and his predecessor time out of mind c have repair the  bridge for the abbot and convent may bind their successor vide e e ass h and  if a abbot and his predecessor time out of mind have repair a bridge of  nourishing they shall be compel to repair it and therewith agree Edward so it  be of a highway of common right all the country ought for to repair it because  that the country have their ease and passage by it which stand with the reason  of the case of the bridge but yet some may be particular bind to repair it as  be aforesaid b he who have the land such a charge come into the hand of the  crown yet the duty upon it continue and any person claim afterward under the  crown will be liable to a indictment or information for the want of due repair  Reg v duchess of buccleugh salk Inst Vid further on bridge burn just title  bridge Com dig chimin b c vin ab bridge Bac ab bridge b as county be liable to  the repair of bridge at commonlaw so of common right the charge of repair  highway be prima fancy on the parish wherein they be hawk PC b cap Com dig  chimin a Bac ab highway f burn justice highway therefore if a statute make  particular person Chargeable to the repair of a highway and they become  insolvent the justice may put the charge on the rest of the inhabitant of the  parish anon I l raym and the king grant of land free from the charge of repair  highway will not exempt they Brett v Whichcott Mod nor can the parish  discharge themselves by any agreement with other person the king v the mayor  of Liverpool east or in any other manner than by show some other person to be  liable to the repair hawk PC b c Q sect Bac Abr highway f the king v the  inhabitant of Oxfordshire barn and Cress SC dow and Ryl although the onus be  prima fancy on the parish yet small division of it as township c may be liable  by custom as also corporation by prescription or private individual by hold  land subject to the burden private person may likewise create such a charge on  themselves by enclose a road which before be open but so much be it matter of  right that the parish be bind in the first instance that a indictment or  presentment against any other party must show the reason of their liability  the king v the inhabitant of great Broughton burr the king v Penderryn TR  where a township or small district of a parish be bind to repair by custom it  must be allege that they have immemorially repair and be bind to repair the  king v the inhabitant of Ecclesfield I b and a if the road lie within the  township charge to be liable to repair it no consideration need be show for  the liability ib the ice v the west ride of Yorkshire barn and Ald but if it  be endeavour to impose the burden on another parish within which the road be  not situate some consideration must be show for it the king v saint Giles  Cambridge m and S because all custom be pure local and confine to particular  place there can be a custoun within a place to do something in another the  land in a particular place and the inhabitant in respect thereof may be charge  by custom for matter within the place but custom will not apply to matter out  of it if therefore the inhabitant of one district can be charge at all for a  matter out of their district the only mode of charge will be that of  prescription and as no common intendment can be presume for such a charge it  will be necessary to show some special matter whereby a coke report er p  adjoin ought of common right without prescription to scour and cleanse the  lawful beginning may be intend per Lord Ellenborough the king v Ecclesfield I  barn and Ald a indictment against the inhabitant of a township allege they to  have immemorially repair and be accustom to repair c such of the highway  within their township as will otherwise be repairable by the parish at large  put they in the same situation as a parish and to exonerate themselves they  must show by evidence some other person in certainty bind to repair the king v  the inhabitant of Hatfield barn and Ald where a road original repair by a  township be make a turnpike road and widen under the provision of a Act of  parliament in which be a clause exempt the township from future repair it be  decide that in consequence of the exemption the charge must necessary fall on  the whole parish the king v the inhabitant of Sheffield TR it be say that a  corporation aggregate may be compel to repair by force of a general  prescription that it ought and have be use to do it without show that it use  to do so in respect of the tenure of certain land or for any other  consideration because such a corporation in judgement of law never die and  therefore if it be ever bind to such a duty it must needs continue to be  always so neither be it any plea that such a corporation have always do it out  of charity for what it have always do it shall be presume to have be always  bind to do hawk PC b c sect Bac Abr highway king Vid text above but a  individual can be charge with such a general prescription from what his  ancestor have do because no one be bind to do what his ancestor have do unless  for some special reason as have land descend from such ancestor which be hold  by such like service ib but a person may be bind to the repair by hold land  charge with the burden ib king v Stoughton sand the king v Corrock Str and he  may render himself liable by enclose a highway which before be open hawk and  Bac ab ub sup king v Stoughton sand if there be a way betwixt two land end in  a common field and the owner enclose the way with hedge on both side he be  bind in respect of this enclosure to repair the road although not liable  before and he ought to make a good way and maintain it at his own charge for  carriage as well as horseman and it be not sufficient that since the enclosure  it be better than it be before sir Edward Duncombe case cro car it be say that  if a man enclose against one side of a way only where there be a ancient  enclosure against the other he ought to repair the whole but if he enclose  only one side where there be no enclosure on the other he shall maintain but  half king v Stoughton side Vid the judgement of abbot CJ steel v Prickett  stark n p if a party enclose his allotment set out and award to he under the  authority of a enclosure Act this will not make he liable to the repair of a  road adjoin or pass through the land allot to and enclose by he for the Act  never design to alter the charge of repair the road over the field to be  enclose nor be this enclosure thus make under the Act such a enclosure as come  within the meaning of the law which oblige a person enclose a road voluntary  and of his own head to repair the road which he have so voluntary enclose the  parish or hamlet previous bind to repair must remain liable the king v the  inhabitant of Flecknow burr it seem agree that a party become liable to the  repair of a road by enclose may discharge himself of the burden by again lie  the land open the use of a way over land for a continue period on the part of  the public with the acquiescence of the owner of the freehold will so far  establish a right of passage that the owner may lose his power of interrupt it  but to render the parish Chargeable to the support of it as a highway some act  of recognition or of adoption of it as a public road either by repair or  otherwise be necessary on the part of the parishioner the king v saint  Benedict barn and Ald a parish or district into which a road be turn under the  authority of a turnpike Act become liable to its support and may be indict if  it be out of repair and if the inhabitant of a township bind by prescription  to repair the road within the township be express exempt by the provision of a  road Act from the charge of repair new road to be make within coke report er p  ditch next to the way to his land and therewith agree the book of h a but he  who have land adjoin without prescription be not bind to repair the way so of  a common river of common right all who have ease and passage by it ought to  cleanse and scour it for a common river be as a common street as it be say in  ass and ass but he who have land adjoin to the river be not bind to cleanse  the river unless he have the benefit of it sure a toll or a fish or other  profit see ass p c