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Another objection to the tax is, that it highways, although the principle of that is a charge on one kind of material from distinction does not seem very clear. which others, used for the same purpose, Every county bridge is a highway, inasare exempt. When the duty on bricks much as it is a bridge over which a highwas first imposed, the brickmakers were way passes; it is therefore in that respect told that other kinds of building materials strictly a highway: so also is every should also be taxed, and a heavy cus- other public bridge over which a hightoms' duty was laid on stones and slate ; way passes. The usual distinction drawn but the effect was felt to be injurious, as between them is derived from the nature an obstruction to such works as docks, of the space over which the bridge gives bridges, &c. The duty on stone was a passage. A county bridge, or, in other therefore first repealed" by 4 Geo. IV. words, a bridge which the county is c. 59, and next the duty on slates, about bound to repair, is usually defined to be six years afterwards, by 1 & 2 Will. IV. “a common and public building over a c. 52. There was immediately a large river or water flowing in a channel, more increase in the consumption of slates, and or less definite; whether such river or as a matter of justice the duty on tiles channel is occasionally dry or not.” This was repealed. As there is now no duty is evidently a very loose definition, for either on stone or slate, it is clear it does not prescribe the width of the that the conditions held out to the brick- river, or the nature of its channel ; but it makers, when the duty was first imposed seems clear that a county bridge must on their manufacture, have been violated. pass over a water, as the county would The distinctions in the rates of duty occa- certainly not be bound to repair a bridge sion a good deal of trouble, without the erected across a ravine, or over an ancient revenue being adequately benefited. In road crossed by a new road, having no 1835 the duty on polished bricks did not reference to water. A county bridge amount to 50001. The charge on these may be either a foot, horse, or carriage bricks is also a check upon ornamental bridge. A private bridge is any bridge architecture. The duty on bricks is pre- which does not answer the description of cisely one of that class which should be a county bridge or a public highway. It repealed, and the deficiency made up by is subject to no other laws than the general some other tax that would bear equally laws of property. on all who are able to pay it. The brick The liability to repair a county bridge duty is the subject of the 18th Report of depends either on the common law or on the Commissioners of Excise Inquiry, the statute law. By the common law issued in 1836.

the expense of maintaining both county BRIDEWELL, a name frequently bridges and highways is to be defrayed given to houses of correction. St. by the public, this having been part of the Bride's well, near the church of St. trinoda necessitas to which every man's Bride, in Fleet Street, was one of the estate was formerly subject. [TRINODA holy wells of London, and in its vicinity NECESSITAS.] But the burden of repair Edward VI. founded an hospital, which of county bridges is thrown on the whole was afterwards converted into a recep-county, that of highways on the inhabittacle for disorderly apprentices, in fact, ants of the parish wherein such highways into a House of Correction, for which lie. Prima facie, therefore, by the compurpose it is still used. Houses of cor- mon law the whole county is liable to rection in different parts of the country repair a county bridge; but they may are called bridewells, in consequence of rebut this presumptive liability by showthe hospital in Blackfriars having been ing that for some reason or other the the first place of confinement in which burden has been shifted from them on penitentiary amendment was a leading another. They may either show that a object.

hundred, or a parish, or some other BRIDGES are of two classes, public known portion of a county is by custom and private. Public bridges may be con- chargeable with the repair of a bridge sidered either as county bridges or as

erected within it; or that some person, ndividual or corporate, is liable to that stream, where a culvert would have been expense. In the case of private indivi- sufficient, but a bridge was better for the duals, such liability may depend either public, it was held that the county could on tenure; that is, by reason that they not refuse to repair such bridge on the and those whose estate they have in the ground that it was not absolutely nelands or tenements are liable in respect cessary. thereof ;-oron prescription. In the The first statute on this subject is the case of corporate bodies, on prescrip- 22 Henry VIII. c. 5, called “the Statute tion only. With regard to corporate of Bridges." This statute is merely in bodies, Lord Coke says, “If a bishop or affirmance of the common law. In course prior, &c. hath at once or twice of almcs of time, owing to the indistinctness of the repaired a bridge, it bindeth not (and yet principle on which public bridges were is evidence against him, until he prove divided into county bridges and highways, the contrary); but if time out of mind it was found expedient to pass an act to they and their predecessors have repaired clear up the doubts and difficulties arising it of almes, this shall bind them to it.” from this principle. In order, therefore, (2 Inst. 700.) Any bridge answering the to ascertain more clearly the description definition above given of a county bridge of bridges hereafter to be erected, which may become a charge upon the county inhabitants of counties shall and may be even though not originally built by the bound or liable to repair and maintain, county; as, for instance, if it be built by it is enacted by stat. 43 Geo. III. c. the crown or by a private individual : 59, § 5, that no bridge hereafter to be but not every bridge which answers the erected in any county at the expense of above definition is therefore chargeable any individual or private person, body to the county for repair, unless it be also politic or corporate, shall be deemed to used by and useful to the public. The be a country bridge, unless it shall be public use and benefit seem to be the cri- erected in a substantial and commodious terion : and if a private individual build manner under the direction or to the a bridge of any sort, which is princi- satisfaction of the county surveyor, or pally for his own benefit and only col- person appointed by the justices of the laterally of benefit to others, he will be peace at quarter-sessions to superintend liable to the repalr, and not the public: and inspect the work. This act applies but where the public derive the principal only to bridges newly built, and not to benefit, they must sustain the burden of those repaired or widened. repairing it, on the ground that it would It was found in very early times that greatly discourage public-spirited persons many practical difficulties arose from the from erecting useful bridges if they were indistinctness of the common law as to ever after to be burdened with the costs of the precise limits of a bridge—that is to repair. The county are even liable to the say, as to the precise point where it ceased repair of a public bridge erected by com- to be a bridge and began to be a highmissioners under an act of parliament, even way; and vice versa. This indistinctness though the commissioners are empowered gave rise to many disputes about the liato raise tolls in order to support it, or bility to repair, and it was found expethough other funds are provided for the dient to enact, by stat. 22 Henry VIII. repairs; unless there be a special provision c. 5, § 9, that such part and portion of for exonerating them from the common the highways as lie next adjoining to the law liability, or transferring it to others. ends of any bridges within this realm, This common law liability of a county to distant from any of the said ends hy the repair a public bridge is so strong, that space of 300 feet, be made, repaired, and although it has been erected and constantly ameuded as often as need shall require; repaired by trustees under an act of par- and that the justices of the peace should liament, and although there are funds for act respecting the repairs of such highthe repairs, the county are still liable to ways as they were empowered to act repair it. And where trustees under a respecting the bridges themselves. The turnpike act build a bridge across a effect of this statute was merely to limit or fix the length of road which the county For the mode of taxing and collecting was to repair at 300 feet. By the com- the moneys necessary for the repairs of mon law the county was bound to repair bridges and the highways at the ends the roadway at the end of every county thereof, see stat. 22 Hen. VIII. c. 5.; bridge, but the length was not precisely Anne 1. stat. 1, c. 18; 12 Geo. II. c. 29; determined till the passing of the above 52 Geo. III. c. 110; 55 Geo. III. c. 143. statute.

In case of non-repair or nuisances, But this liability of the county has either to bridges or highways, the modes been very much narrowed by the stat. 5 of prosecution are the same: namely, by and 6 Will. IV. c. 50, § 21 (the Gene- criminal information, presentment, or inral Highway Act), which, with respect to dictment. Generally speaking, an action bridges to be built after the 20th of March, cannot be maintained against the county A.D. 1836, enacts, “that if any bridge by an individual for the non-repair of a shall hereafter be built, which bridge county bridge, unless in some cases of shall be liable by law to be repaired by special damage accruing to such indiviand at the expense of any county, or part dual from the non-repair. of any county, then and in such case all A criminal information is very rarely highways leading to, passing over, and resorted to, and only in cases of either next adjoining to such bridge shall be very aggravated neglect, or where there from time to time repaired by the parish, seems to be little chance of obtaining person, or body politic or corporate, or justice by preferring an indictment. trustees of a turnpike road, who were by The presentment of a public bridge for law, before the erection of the said bridge, non-repairs, &c. may by common law be bound to repair the said highways: pro- before the King's Bench or at the Asvided, nevertheless, that nothing herein sizes. By the stat. 22 Hen. VIII. c. 5, contained shall extend to exonerate any § 1, presentments may be made before the county or part of any county from repair- justices in general sessions, and they may ing the walls, banks, or fences of the raised proceed therein in the same manner as causeways and raised approaches to any the judges of the King's Bench were in such bridge or the land arches thereto." the habit of doing, “or as it should seem

Till late years, no persons could be by their directions to be necessary and compelled to build or to contribute to the convenient for the speedy amendment of building of any new bridge, except by such bridges.”. See also for minor reguact of parliament; and even when the lations respecting presentments, 1 Anne, county was bound to repair a bridge, it sess. 1, c. 18; 12 Geo. II. c. 29, § 13: was not therefore bound to widen it. 55 Geo. III. c. 143, § 5. Nor could the inhabitants of a county by The indictment of a county bridge is their own authority change the situation subject to the same rules as any other inof a bridge. But by the stats. 14 Geo. dictment. And though the whole county II. c. 33, § 1, and 43 Geo. III. c. 59, be liable to the repairs, any particular § 2, the justices in quarter-sessions are inhabitant of a county, or tenant of land enabled to compel the county to widen or charged to the repairs of a bridge, may change the situation of old bridges, or be made defendant to an indictment for build new ones. (See also 54 Geo. III. not repairing it, and be liable to pay the c. 90, which extends some of the provi- whole fine assessed by the court for the sions of those statutes.)

default of repairs, and shall be put to his With respect to the appointment of remedy at law for a contribution from surveyors of county bridges, their duties those who are bound to pay a proportionand powers, and the modes in which such able share in the charge. powers are to be exercised, see stats. 22 The malicious destruction or damaging Hen. VIII. c. 5, $ 4; 43 Geo. III. c. of public bridges is said to be punishable 59 (coupled with stat. 5 & 6 Will. IV. as a misdemeanour at common law, since c. 50); 54 Geo. III. c. 90; 55 Geo. III. it is a nuisance to all the king's subjects. c. 143.

The various provisions of these By 7 & 8 Geo. IV. c. 30, $ 13, it is statutes are very numerous,

enacted, “ that if any person shall unlawfully and maliciously pull down or in rived from the papal briefs which, from anywise destroy any public bridge, or do very early periods of the history of the any injury with intent, and so as thereby church, were given as credentials to mento render such bridge, or any part dicant friars, who collected money from thereof, dangerous or impassable, every country to country, and from town to such offender shall be guilty of felony." town, for the building of churches and

For further information see Lord other pious uses. It is probable that, as Coke's Second Inst. ;' Burn's “Justice;' soon as the authority of the pope ceased Russell On Crimes.' For the law of in England, these briefs began to be bridges, viewed as highways, see Ways. issued in the king's name. They appear

BRIEF (in law) means an abridged to have been always subject to great relation of the facts of a litigated case, abuse; and the 4 Anne, c. 14, after reciwith a reference to the points of law sup- ting that “ many inconveniences arose posed to be applicable to them, drawn up and frauds were committed in the comfor the instruction of an advocate in con- mon method of collecting charity money ducting proceedings in a court of justice. upon briefs,” enacted a variety of pro

Briefs vary in their particular qualities visions for their future regulation, and, according to the nature of the court in among others, prohibited, by heavy pe which the proceedings are pending, and nalties, the practice which had previously of the occasion in which the services of prevailed, of farming briefs, or selling, an advocate are required ; but in general upon a kind of speculation, the amount they should contain the names and de- of charity-money to be collected. Still scriptions of the parties, the nature and these provisions were evaded, and heavy precise stage of the suit, the facts of the abuses arose ; and the collection by briefs sitigated transaction, the points of law in- in modern times was found to be a most tended to be raised, the pleadings, the inconvenient and expensive mode of proofs, and a notice of the anticipated raising money for charitable purposes. answers to the client's case. It is the According to the instance given in practice to endorse on the brief the fee Burn's · Ecclesiastical Law,' tit. “Brief, which is to be paid to the advocate; and the charges of collecting 6141. 12s. 9d., the general usage is to pay the fee when for repairing a church in Westmoreland, the brief is delivered to the advocate, or amounted to 3301. 168. 6d., leaving there at least as soon as he has discharged his fore only a clear collection of 2831. 16s. undertaking by arguing the matter in 3d. The patent charges amounted to court for which he is retained by the 761. 3s. Ed., and the “salary" for 9986 brief.

briefs at 6d. each, to 2491. 138., and BRIEF, commonly called CHURCH an additional “salary" for London 51. BRIEF, or KING'S LETTER. This This expensive and objectionable machiinstrument consisted of a kind of open nery (in the exercise of which the inletter issued out of Chancery in the terests of the charity to be promoted were king's name, and sealed with the privy almost overwhelmed in the payment of seal, directed to the archbishops, bishops, fees to patent officers, undertakers of clergymen, magistrates, church-wardens, briefs and clerks of the briefs, charges of and overseers of the poor throughout the king's printers, and other contingent England. It recited that the crown expenses) was abolished by the 9 Geo. IV. thereby licensed the petitioners for the c. 42, which wholly repealed the statute brief to collect money for the chari- of Anne, except as to briefs then in course table purpose therein specified, and re- of collection. By the 10th section of 9 quired the several persons to whom it Geo IV. c. 42, it is enacted, “that as was directed to assist in such collection. often as his Majesty shall be pleased to The origin of this custom is not alto issue his royal letters to the Archbishops gether free from doubt; but as such of Canterbury and York respectively, audocuments do not appear to have been thorizing collection within their provinces issued by the crown previously to the for the purpose of aiding the enlarging, Reformation, they may possibly be de- building, rebuilding, or repairing of churches and chapels in England and signed by the pope, but by an officer of Wales, all contributious so collected shall the papal chancery, called Segretario be paid over to the treasurer of the dei Brevi: they are indited without any • Incorporated Society for promoting the preamble, and, as just observed, are writenlargement, building, and repairing of ten generally upon paper. The bulls are churches and chapels,' and be employed always on parchment, and sealed with a in carrying the designs of the society into pendent seal of lead or green wax, repreeffect." This statute does interfere senting on one side the heads of St. Peter with the authority of the crown as to and St. Paul, and on the reverse the name granting briefs ; its only effect is to abo- of the pope and the year of his pontificate : lish the machinery introduced by the their name comes from the Latin“ bulla,” statute of Anne. Briefs may be issued a carved ornament or stamp. The bulls under the common law authority of the of indulgences are general, and addressed crown. The latest brief, or king's letter, to all the members of the church; the was issued for the purpose of collecting briefs of indulgences are addressed to subscriptions to relieve the distress of particular individuals or monastic orders the manufacturing districts in 1842. for their particular benefit.

BRIEF, PAPAL, is the name given to BROKER, a person employed in the the letters which the pope addresses to negotiation and arrangement of mercanindividuals or religious communities upon tile transactions between other parties, matters of discipline. The Latin name is and generally engaged in the interest of Brevis, or Breve, which in the Latinity one of the principals, either the buyer or of the lower ages meant an epistle or the seller, but sometimes acting as the written scroll. The French in the old agent of both. As it usually happens times used to say Brief for a letter, and that brokers apply themselves to negothe Germans have retained the wordtiations for the purchase and sale of some Brief with the same meaning to this particular article or class of articles, they day. The difference between a brief and by that means acquire an intimate knowa bull in the language of the Papal chan- ledge of the qualities and market value of cery is this: the briefs are less ample and the goods in which they deal, and obtain solemn instruments than bulls, and are an acquaintance with the sellers and like private letters addressed to indivi- buyers as well as with the state of supply duals, giving the papal decision upon and demand, and are thus enabled to bring particular matters, such as dispensations, the dealers together and to negotiate berelease from vows, appointments to bene- tween them on terms equitable for both. fices in the gift of the see of Rome, indul- A merchant who trades in a great variety gencies, &c.; or they are mere friendly of goods and products drawn from difand congratulatory letters to princes and ferent countries and destined for the use other persons high in office. The apos- of different classes, cannot have the same tolical brief is usually written on paper, intimate knowledge, and will consequently but sometimes on parchment; it is sealed find it advantageous to employ several in red wax with the seal of the Fisher-brokers to assist him in making his purman (sub annulo Piscatoris), which is a chases and sales. There are separate symbol of St. Peter in a boat casting his brokers in London for nearly all the great net into the sea. (Ciampini, Dissertatio articles of consumption. de Abbreviatorum Munere, cap. iii.) A Ship-brokers form an important class bull is a solemn decree of the pope in his in all great mercantile ports. It is their capacity of head of the Catholic church: business to procure goods on freight or a it relates to matters of doctrine, and as charter for ships outward bound; to go such is addressed to all the members of through the formalities of entering and that church for their general information clearing vessels at the Custom House ; to and guidance. The bulls of excom- collect the freight on the goods which munication launched by several popes vessels bring into the port, and generally against a king or a whole state are often to take an active part in the management recorded in history. The briefs are not of all business matters occurring between

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