The like with a different conclu aforesaid, and continually from thence until the day of the taking of this inquisition, at the parish of H. aforesaid, in the county aforesaid, was and yet is ruinous, broken, dangerous, and in great decay, for want of needful and necessary upholding, maintaining, amending, and repairing the same, so that the liege subjects of our said lord the king, in, upon, and over the said bridge on foot, and with horses, coaches, carts, and carriages could not, and cannot pass and repass, ride, and labour, without great danger of their lives, and loss of their goods, as they ought and were accustomed to do, and still of right ought to do; to the great damage and common nuisance of all the liege subjects of our said lord the king, upon and over the said bridge, on foot and with their horses, coaches, carts, and other carriages, about their necessary affairs and business, going, returning, passing, riding, and labouring, and against the peace of our said lord the king, his crown and dignity.* And that the inhabitants of the county of E. aforesaid, of right have been, and still of right are bound to repair and amend the said common bridge, when and so often as it shall be necessary. [Same as the last to the asterisk, inserting the matter within sion more formal brackets,] and that the said bridge is not within any liberty, (u). city, or town corporate; and that it cannot be known or proved, that any hundred, riding, wapentake, city, borough, town or parish, or certain person or body corporate or politic, ought of right to make, repair, re-build, or amend the said bridge; and that the inhabitants of the whole county of E. aforesaid, ought to make, build, repair, and amend the said bridge, when and as often as need hath been, or occasion should or shall require the [595] same, according to the form of the statute in such case made and provided (b); yet the inhabitants of the county aforesaid, have not rebuilt, amended, or repaired the said bridge, so ruinous, broken, dangerous, and in such decay as aforesaid, as they ought to have done, and still of right ought to do, but during all the time last aforesaid, permitted and suffered, and still do permit and suffer, the said bridge to be greatly ruinous, broken, in decay, and out of repair, for want of rebuilding, repairing, and amending the same. (a) This formal conclusion seems unnecessary, as it is a presumption of law, that the county at large is bound to repair. (b) 22 Hen. &. c. 5. ss. 2, 3. [Commencement as ante, 2.] That from time whereof the Indictment where memory of man is not to the contrary, there hath been, was, the bridge lies in two counties, and still is, a certain ancient and public stone bridge, commonly against one called Tenbury Bridge, lying and being over the rivering to repair its them for neglectand in the common king's highway, leading from the market own division (a). town of Bromyard, in the county of Hereford, towards the market town of Cleobury Mortimer, in the county of Salop, for all the liege subjects of our said lord the king, and his ancestors, late kings and queens of this realm of England, with their horses, coaches, carts, and carriages, upon and over the same bridge, to go, return, ride, and labour; and that one part of the same bridge lies and is situate in the parish of Burford, in the county of Salop, and the other part of the same bridge lies and is situate in the parish of Tenbury, in the county of Worcester; and that the said other part of the same bridge which lies and is situate in the said parish of Tenbury, in the said county of Worcester, on, &c. and continually afterwards, until the day of the taking of this inquisition, at the parish of Tenbury aforesaid, in the said county of Worcester, was and yet is so broken, ruinous, and in decay, that the lieges and subjects of our said lord the now king, upon and over the same other part of the said bridge, which lies and is situate in the said parish of Tenbury, in the county of Worcester aforesaid, with their horses, coaches, carts, and carriages, cannot go, return, ride, and labour as they ought, and from time whereof the memory of man is not to the contrary, were accustomed to do; to the great and common nuisance of all the lieges and subjects of our said lord the king, upon and over the same part of the said bridge, lying and being in the said parish of Tenbury, in the county of Worcester aforesaid, with their horses, coaches, carts, and carriages, going, returning, riding, and labouring, and against the peace of our said lord the king, his crown and dignity, &c. And that the said bridge is without any city and town corporate: and that it cannot be known and proved what hundred, riding, wapentake, city, borough, town, or parish, or person certain, or body politic, ought of right to make the said bridge; and that the inhabitants of the county of Salop aforesaid, the said one part of the said bridge which lies and is situate in the (a) This precedent was obtained from the Crown Office, Rol. H. 29 Car. 2. Where the bridge lies within two counties, each is liable to repair the part which lies within it, see 5 T. R. as [ 596 ] Indictment against county of sufficient height (a). said parish of Burford, in the said county of Salop, according to the form of the statute in such case made and provided, ought to make. And that the inhabitants of the county of Worcester aforesaid, the said other part of the said bridge, which lies and is situate in the said parish of Tenbury, in the said county of Worcester, according to the form of the statute aforesaid, ought to make. Yet the said inhabitants of the county of Worcester, aforesaid, the said other part of the said bridge lying and being in the said parish of Tenbury, in the said county of Worcester, have not made, but the said other part of the said bridge, lying and being in the said parish of Tenbury, in the said county of Worcester, from the said, &c. until the day of the taking of this inquisition, at the said parish of Tenbury, in the said county of Worcester, have permitted, and yet do permit to remain broken, ruinous, and in decay, to the great and common nuisance of all the lieges and subjects of our said lord the king, upon and over the said other part of the said bridge, lying and being in the parish of Tenbury aforesaid, in the said county of Worcester, with their horses, coaches, carts, and carriages, going, returning, and labouring; and against the peace, &c. That there is a certain common public bridge, called B. for not maintain- bridge, situate upon the river E. at the parish of T. in the ing and widening said county of C. in the king's common highway, leading from a public bridge, and keeping of the village of A. in the county of C. towards and unto the the battlements market town of I. in the said county, used for all the liege subjects of our said lord the now king and his predecessors, by themselves, and with their horses, coaches, carts, and carriages, to go, return, pass, ride, and travel upon and over, at their will and pleasure, freely and safely, without any obstruc[597] tion, hindrance, or impediment whatsoever; and that the said common public bridge, on, &c. and continually afterwards, until (a) This indictment will be found in 3 B. & P. 354. 6T.R. 194, where an objection was taken that the narrowness of a bridge could not subject the county, district, or person bound to repair, to any prosecution; but it was holden, that as the objection was made after verdict, the discussion could not be entertained, as the jury must be taken to have intended that the narrowness complained of, arose from the fall of the battlements and the other obstructions specified; but on principle, it should seem, that the county is only bound to maintain what is erected, and not enlarge old bridges, or make new ones for public use. Sed vide ante, 590, 1. the day of the taking of this inquisition, was and yet is broken, ruinous, and in decay, for want of due reparation and amendment of the same, and the said common public bridge, during all the time last-mentioned, was and yet is over narrow, and the battlements of the same bridge were not, nor yet are, of a sufficient height to guard and preserve the said subjects of our said lord the king, passing, riding, and travelling upon and over the said bridge, from going and falling over the said battlements into the said river E., by reason whereof the said liege subjects of our said lord the king, necessarily going, returning, passing, riding, and travelling upon and over the said common public bridge, by themselves, and with their horses, coaches, carts, and carriages, during all the time last-mentioned, could not nor yet can go, return, pass, ride, and travel upon and over the said common public bridge, so freely and safely as they ought to do; but were and yet are greatly obstructed, stopped, and hindered in the going, returning, passing, riding, and travelling upon and over the same common public bridge, and during all the time aforesaid, were and yet are in great peril, hazard, and danger of going, riding, and falling over the said battlements of the said common public bridge into the said river E. and of being there suffocated, drowned, and killed in the same, and of losing and spoiling their goods and wares, to the great damage and common nuisance of all the liege subjects of our said lord the king, upon and over the said common public bridge, going, returning, passing, riding, and travelling, against the form of the statutes in that case made and provided, and against the peace, &c. and that the inhabitants of the county of C. of right ought to repair and amend the said common public bridge, so as aforesaid being broken, ruinous, over narrow, and in decay, and the battlements thereof, not being of a sufficient height, and to make the same safe and secure for the said subjects, whenever and as often as it becomes necessary. Presentment of That at a general quarter sessions of the peace of our lord the king, holden at C. for the said county, on, &c. before the reverend G. P. clerk, W. B. and W. P. esquires, and others, justices of our said lord the king, assigned to keep the peace of (a). our said lord the king in and for the said county, and also to hear and determine divers felonies, trespasses and misdemeanors, committed within the said county, it is presented by the (a) See other precedents, 6 Wentw. 427. Burn, J. Bridges. Second count. oath of J. M., &c. [the name of the grand jurors], good and (a) In case of a presentment, it does not seem neces sary to state who ought to repair. Andr. 285. |