1806 The KING versus the Inhabitants bove mentioned, was made by the inhabitants of the said riding larger and wider than either of the said preceding bridges, and that the parts of the said highway adjoining the said stone bridge, so last built as of the West last aforesaid, next adjoining to the east and west RidingorYoak ends thereof respectively, being parts of the common king's highway in the said indictment mentioned be fore, and at and during the time of the building, finishing, and compleating of the said last-mentioned bridge, was made higher in order to come up to the same bridge, and wider than the same had before been, the same having been widened by taking in some meddow land on both sides of the said highway in the year of our lord 1755, and again when the said stone bridge was so last rebuilt as aforesaid, and the same parts of the said common king's highway during the time that the same was so ruinous, in decay, and out of repair, as in the said indictment, were and are of the breadth of eight yards. And the jurors aforesaid upon their oath aforesaid do further say, that the township of Quick in the said indictment mentioned,lies,and during all the times aforesaid, hath lain within the parish of Saddleworth in the said riding, which said parish is and from the time whereof the memory of man is not to the contrary, during all the times aforesaid, bath been divided into four districts called mears, in one of which said mears, (that is to say) one thereof called Shaw mear, so much of the said highway in the said township of Quick, as lies westward of the said last mentioned bridge; now lies and during all the time last aforesaid 'hath lain, and in one other of which said mears, (that is to say,) one thereof called Lords mear, so much of the said highway in the said township of Quick,as lies eastward of the said last mentioned bridge, now lies and during all the time last aforesaid, hath lain; and that the inhabitants of the said mear called Share mear, from time whereof the memory of man is not to 1806. The KING the contrary, until the time in the said indictment men tioned, during which the parts of the said highway therein mentioned, are there stated to be ruinous, the Inhabitants in decay, and out of repair, have repaired and amendRidingofYork. ed, and have been used and accustomed to repair versus of the West and amend so much of the said highway, in the said township, as lies or hath lain westwards of the said ford, until the building of the said first mentioned carriage-bridge, and since, of the said several carriage bridges respectively, when the same part of the said highway hath been ruinous, in decay, and out of repair, and that the inhabitants of the said mear called Lordsmear, from time whereof the memory of man is not to the contrary, until the time in the said indictment mentioned, during which the parts of the said highway therein mentioned, are there stated to be ruinous, in decay, and out of repair, have repaired and amended, and have been used and accustomed to repair and amend so much of the said highway, in the said township, as lies or hath lain eastwards of the said ford, until the building of the said first mentioned carriage bridge, and since of the said several carriage bridges respectively, when the same part of the same highway hath been ruinous, in decay, and out of repair, and that during the same time in the said indictment mentioned, the said parts of the said highway in the said indictment specified to be ruinous, in decay, and out of repair, were ruinous, in decay, and out of repair, in manner and form as in the said indictment is alledged; but whether upon the whole matter above found, the inhabitants of the said riding are guilty of the premises in the said indictment above laid to their charge or not, the jurors aforesaid say they are wholly ignorant, and pray the advice of the court. thereupon, and if upon the whole matter above found the court are of opinion that the inhabitants of the said riding are guilty of the premises in the said indictment above laid to their charge or not, the jurors aforesaid say they are wholly ignorant, and pray the advice of the court thereupon, &c. 1806 The KING versus the Inhabitants Riding of HOLROYD, for the crown. "The question upon this of the West indictment will be whether the county at large, that is the West Riding of the county of York, is liable to repair to the extent of 300 feet at the ends of this public bridge. It is stated, in the special verdict, that it has been the practice, within the parish, for the roads to be repaired, not by the parish at large, but by the inhabitants of each mear into which it is divided. That circumstance makes no difference, and throws no liability on any other parties than the defendants, upon these proceedings. If they meant to say that, by reason of any special circumstances, this mear was liable, they should have so pleaded it; but the question now being, upon the pleadings as they now stand, whe ther the inhabitants at large are guilty of the facts charged in the indictment, and those facts being simply, that there is a highway, that it is to be repaired by the county, that it is out of repair and that the county are liable, then it being found that a particular district is liable as the parish or county would be,the plea of not guilty leads to the same question as if it was to be done by the county at large; exactly in the same manner as upon an indictment for not repairing a common road with the plea of not guilty. By the preamble and purview of the statute 22 H. S, c. 5,* it seems to be taken By 22. H. VIII. c. 5. it is enacted that the justices of peace in every shire of this realm, franchise, city, or borough, or four of them at the least, whereof one to be of the quorum, may inquire, hear and determine, in their general sessions, of all manner of annoyances of bridges broken in the highways, to the damages of the king's liege people, and to make such process and pains upon every presentment afore them, for the reformation of the same, against such as owen to be 1806. for granted that, by the common law, the county was The KING bound to repair a public bridge, and it is so laid down versus the Inhabitants of the West Riding of YORK. charged for the making or amending of such bridges, as the king's justices of his bench use commonly to do; or as it shall seem by their discretions to be necessary and convenient for the speedy amending of such bridges. And by 22 H.VIII. c. 5. s. 2 and 3, where it cannot be known and proved what hundred, wapentake, city, riding, borough, town or parish, nor what person certain or body politic, ought of right to make such bridges decayed, by reason whereof such decayed bridges, for lack of knowledge of such as owen to make them, for the most part lie long without any amendment, to the great annoyance of the king's subjects; in every such case the said bridges,if they be without city or town corporate, shall be made by the inhabitants of the shire or riding, within which the said bridge decayed shall happen to be; and if it be within any city or town corporate, then by the inhabitants of every such city, or town corporate, wherein such bridges shall be. And if part of such bridges so decayed happen to be in one shire, riding, city, or town corporate, and the other part thereof in another shire, riding, city, or town corporate, or if part be within the limits of any city or town corporate and part without, or part within one riding, and part within another, that then in every such case the inhabitants of the shires, ridings, cities, or towns corporate, shall be charged and chargeable to amend, make and repair such part and portion of such bridges so decayed, as shall lie and be within the limits of the shire, riding, city or town corporate, wherein they be inhabited at the time of the same decays. And by 22 H. VIII. c. 5, s.4, it is further enacted that in every such case where it cannot be known and proved what persons, lands, tenements, and bodies politic, owen to make and repair such bridges, that for speedy reformation and amending of such bridges, the justices of the peace within the shires or ridings wherein such decayed bridges being out of cities and towns corporate, and if it be within cities or towns corporate, then the justices of peace within every such city or town corporate, or four of the said justices at the least, whereof one to be of the quorum, 1 In several writers upon the subject, and also that they were bound to repair the 300 feet at the ends of the within the limits of their several commissions and authorities, may call before them the constables of every town and parish, being within the shire, riding, city or town corporate, as well within liberty as without, wherein such bridges or any parcel thereof shall happen to be, or else two of the most honest inhabitants within every such town or parish in the said shire, riding, city or town corporate, by the discretion of the said justices of peace, &c. And at and upon the appearance of such constables or inhabitants, the said justices of peace, &c. with the assent of the said constables or inhabitants, may tax, and set every inhabitant in any such city, town or parish, within the limits of their commissions and authorities, to such reasonable aid and sum of money, as they shall think by their discretions convenient and sufficient for the repairing, re-edifying, and amending of such bridges. And by 22 H. VIII. c. 5, s. 4. after such taxation made, the sid justices shall cause the names and sums of every particular person so by them taxed, to be written in a roll indented; and shall also have power and authority to make two collectors of every hundred, for collection of all such sums of money by them set and taxed; which collectors receiving the one part of the said roll indented, under the seals of the said justices, shall have power and authority to collect and receive all the particular sums of money therein contained, and to distrain every such inhabitant as shall be taxed and refuse payment thereof, in his lands, goods, and chattels and to sell such distress and of the sale thereof,retain and receive all the money taxed, and the residue (if the distress be better) to deliver to the owner thereof. And by 22 H, VIII. c. 5. s. 4, the same justices or four of them, within the limits of their commissions and authorities, may also name and appoint two surveyors, which shall see every such decayed bridge repaired and amended, from time to time as often as need shall require, to whose hands the said collectors shall pay the said sums of money taxed and by them received, and that the collectors and surveyors and every of them, and their executors, and 1806. The KING versus the Inhabitantą of the West Riding of YORK. |