case the king against dobbins person inhabit house belong to barnardsinn be  liable to a indictment for not repair the pavement before their door although  the society have time out of mind pave the street this be a indictment for a  nuisance in not repair the street in Holborn before Barnard inn a special  verdict be find that dobbins have a lease of a shop a back room and a chamber  over that part of Barnard inn where he and his family live that the society of  Barnard inn have time out of mind pave the street and set up the rail that be  before the inn as lessee of the inn Raby the defendant be Chargeable to the  repair of this street by the statute modern report er p if not he be  Chargeable to part ration tenur as one of the lessee of the inn who have time  out of mind use to repair the statute be car c S and will mary c S which be  for repair the street in London the statute of will mary say that all open  street lane c shall be repair c at the cost of the householder inhabitant in  such street c and if unoccupied by the owner and proprietor that be every such  owner householder c to repair c the street c before his house c so far as his  wall or building extend to the middle of the street it be find that the  defendant be a occupier of the tenement and that his family life in it in Inst  a inhabitant be say to be who not common with others shades of dead et cost to  have and hold et to have the proviso modern report in the eight section do not  in this case exempt the defendant it be that such ancient street which have by  custom be repair and pave by any other order or manner shall be repair and  pave in such sort and manner and by such person as use to repair the same  under the penalty of the Act this be only in case where a street be provide  for by custom or usage or where a estate sufficient be settle to that purpose  the word of the proviso be design to charge such only as be Chargeable within  the meaning and in the manner mention in the proviso the statute of car c S  say that assessment shall be as well on tenement occupier of house shop c as  upon the owner where no tenant so that the defendant be within the express  word of this Act the defendant be also liable at commonlaw ration tenur for if  the inhabitant of Barnard inn as lessee of the inn be liable he be one lessee  be answerable for a share and whoever be answerable for a share be answerable  to the public for the whole Mod salk king v Watts salk darnel contra those  case be of bridge which be guide by a particular Act therefore nothing can be  draw from they it be out of all case atcommonlaw for the repair of the street  of London be direct by particular act and by they the defendant be not oblige  the society be lessee of the whole inn and it be show that they use to repair  it be find that there be rail which enclose a piece of ground before the inn  that there be a open in those rail against the gate of the inn but not against  the shop this land interpose between the shop and the street be out of repair  make the society liable for their ground as this piece thus enclose must be  take to lie contiguous Pratt chief justice the defendant be a householder here  and not mere a inhabitant and then by the express word of the statute he be  bind to repair it be before his house in my opinion there be no difficulty in  this case powys justice it depend whole on the statute and on that I be of  opinion that the defendant ought to repair Eyre justice the defendant be  liable by the statute as a householder unless exempt by the proviso and if he  be he be still liable as a underlessee of the society the place rail be part  of the street and I do not know but that those rail be a trespass fortescue  justice he be Chargeable not only by the statute but by commonlaw suppose all  the inn be let out must not the street be repair the court give judgement for  the king