Tarnpikes to the common gaol or house of correction of the county, riding, or place, where the offender shall be or reside, there to remain, without bail or mainprise, for any time not exceeding three calendar months, unless such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied; and the monies arising by such penalties, forfeitures, and fines respectively, when paid or levied, if not otherwise directed to be applied by this act, shall be from time to time paid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to the treasurer or treasurers to the trustees or commissioners for repairing and maintaining the road on which such offence shall have been committed, and applied and disposed of for the purposes of such road and of this act. CXLII. [Justices may mitigate penalties.] CXLIII. [Prosecutors may recover any forfeiture or penalty imposed by this or any other turnpike acts.] CXLV. [Appeal may be made to quarter sessions. No certiorari.] CXLVI. [Power to administer oaths.] CXLVII. [Limitation of actions, three months. General issue. Treble costs.] Note. Where a local turnpike act, after empowering the trustees under it to take tolls, directed that the roads should from time to time be repaired by the trustees, out of the money arising by virtue of the act, the court held that this only made the tolls an auxiliary fund in the hands of the trustees, and that the inhabitants of the township where the road was situate, who by prescription were bound to repair all roads within it, were, nevertheless, liable to be indicted for non Magna repair of the road. The court held also, that such inhabitants might, after conviction, apply by motion for relief against the trustees, under the thirty-third section of the repealed act of 13 Geo. 3, c. 84; which section was in the same words as the 110th of this act: R. v. Nethertong, 2 B. & A. 179. The Court of King's Bench may apportion the fine imposed by the 110th section, on an indictment preferred at the assizes and removed by certiorari: R. v. Upper Pupworth, 2 East, 413. Public Bridges. 9 Hen. 3, c. 15. No town nor freeman shall be distrained to make bridges nor banks, but such as of old time and of right have accustomed to make them in the time of King Henry our grandfather. 22 Hen. 8, c. 5. A remedy. to repair decayed Be it enacted, &c., that the justices of peace in every whom. shire of this realm, franchise, city, or borough, or four of Bridges. them at the least, whereof one to be of the quorum, shall have power and authority to inquire, hear, and determine, bridges in in the king's general sessions of peace, of all manner of highways, and by annoyances of bridges broken in the highways, to the damage 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 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 amendment of such bridges. award II. And where, in many parts of this realm, it cannot be Justices of known and proved what hundred, riding, wapentake, city, peace may borough, town, or parish, nor what person certain, or body against politic, ought of right to make such bridges decayed, by them who reason whereof such decayed bridges, for lack of know- ought to reledge of such as own to make them, for the most part lie pair bridges. long without any amendment, to the great annoyance of the king's subjects. III. For the remedy thereof, be it enacted, by authority aforesaid, that 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 the 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 happen to be; and if part of any 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, and 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. V. And where any bridge or bridges lien in one shire or riding, and such persons inhabitants, bodies politic, lands, or tenements, which owen to be charged to the making and amending of such bridges, lien and abiden in another shire or riding, or where such bridges lien within any city or town corporate, and the persons inhabitants, bodies politic, lands, or tenements, that owen to make or repair any such bridges, lien and been out of the said cities and towns corporate; be it enacted, that in every such case, the justices of peace of the shire, city, or town corporate, within the which such decayed bridges, or any part thereof, shall process into every shire, against of fenders. Bridges. happen to be, shall have power to inquire, hear, and determine all such annoyances, being within the limits of their The justices commissions or authorities; and if the annoyance be premay make sented, then to make process into every shire within this realm, against such as owen to make or amend any such bridges so presented before them to be decayed, to the annoyance and let of the passage of the king's subjects, and to do further in every behalf in every such case, as they might do by authority of this act, in case that the persons or bodies politic, lands, or tenements, which owen to be charged to the amending or making of such bridges, or any part thereof, were in the same shire, riding, city, or town corporate, were such annoyance shall happen to be. And that all sheriffs, and bailiffs of liberties and franchises, shall truly serve and execute such process as shall come to their hands from the said justices of peace afore whom any presentment shall be had for any such annoyance, according to the tenor and effect of the said process to them directed, without favour, affection, or corruption, upon pain to make such fine as shall be set upon them, or any of them, by the discretion of the said justices. Sheriffs, &c. shall serve process upon the offenders. VI. VII. [Make provisions for the cinque ports.] IX. Forasmuch that, albeit bridges decayed were amended and repaired according to the tenor of this act, yet, nevertheless, if speedy remedy for the amendment of the ways next adjoining to every of the ends of such bridges, should not be had and made, the king's subjects should take little or none avail or commodity in many parts of this realm, by the making of the bridges; in consideration whereof, be it enacted, &c., that such part and portion of the highways, in every part of this realm, as well within franchise as without, as lie next adjoining to the ends of any bridges within this realm, distant from any of the said ends by the space of three hundred foot, be made, repaired, and amended as often as need shall require; and that the justices of the peace in every shire of this realm, franchise, city, or bo rough, or four of them at the least, whereof one to be of the quorum, within the limits of their commissions and authorities, shall have power and authority to inquire, hear, and determine, in the king's general sessions of peace, all manner of annoyances of and in such highways, so being and lying next adjoining to any ends of bridges within this realm, distant from any one of the ends of such bridges three hundred foot, and to do in every thing and things concerning the making, repairing, and amending of such highways, and every of them, in as large and ample manner, as they might and may do, to and for the making, repairing, and amending of bridges, by virtue and authority of this present act. Note. It seems to be clearly settled, that of common right the charge of repairing all common bridges, lies upon the county wherein they are situated, unless part thereof be within a franchise, in which case it is said the inbabitants of the franchise must rep air: 1 Haw. P. C. c. 32, s. 1. This statute, therefore, is made in affirmance of the common law, see 4 B.&. C.196; and it may be inferred, that a bridge in a highway is a public bridge, for all purposes of repair connected with the statute: 1 Russ. 342. But no private bridge is within its purview: 1 Haw. P. C. c. 32, s. 19. Any particular inhabitant or inhabitants of a county, or tenant or tenants of land charged to the repairs of a public bridge, may be made defendants to an indictment for not repairing it, and be liable to pay the whole fine assessed by the court for the default of such repairs, and shall be put to their remedy at law for a contribution from those who are bound to a proportionable share in the charge: 1 Haw. P. C. c. 32, s. 3. The indictment ought to shew whether the bridge is a cart bridge, or a horse bridge, or a foot bridge, or what other passage there is over it: Reg. v. Sainthill, 2 Lord Raym, 1175. Where an indictment alleged that a bridge was a public carriage bridge, and also for the king's subjects passing and repassing on foot, and, upon the evidence, it appeared that it had been used by passengers on horseback and on foot, and not with carriages, it was held that the defendants could not be convicted of any part of the charge: Stark. Ev. 316. Where the indictment is brought against the inhabitants of any particular town, it is necessary to shew that the bridge in question is within the town; and it is insufficient to charge that it is within the parish, unless the parish also be alleged to be within the town; moreover, as this is a charge against common right, a consideration must be shewn for the liability of the inhabitants of the town; and it has been held that no sufficient consideration is shewn by alleging that the inhabitants of the town were liable by reason of the return of certain lands, for as inhabitants they cannot hold lands: R. v. Machynlleth, 2 B. & C. 166; 3 N. T. R. 338. An indictment charging an individual with the repair of a bridge, by reason of his being owner and proprietor of a certain navigation, is bad: R. v Kerrison, 1 M. &. S. 435 The inhabitants of a county, upon the plea not guilty, cannot throw the onus of repairing the bridge upon any other parties; to do this, a special plea is necessary, setting forth the obligation of such parties specially: R. v. Inhab. Wilts., 1 Salk. 359; R. v. Inhab. W. R. Yorks. 7 East, 558, 5 Taunt. 284; R. v. Inhab. Bucks, 12 East, 192; 1 Haw. P. C. c. 32, s. 4. But Mr. Sergeant Russell suggests that this doctrine must be understood only of indictments against the county, and not of indictments against individuals, or bodies corporate: 1 Russ. 356. The plea must correspond exactly with the facts which come out in evidence. Therefore, a plea by the inhabitants of the county, that certain townships had immemorially used to repair a bridge, is disproved by evidence that the townships had enlarged the bridge to a carriage bridge, which they had before been bound to repair as a foot bridge: R. v. Inhab. W. R. Yorks., 2 East, 353; and see R. v. Inhab. Surry, 2 Camp. 455; R. v. Duchess of Buccleugh, 1 Salk. 357, 6 Mod. 150; R. v. Inhab. Oxfords., 16 East, 223; R. v. Inhab. Cumberland, 3 B. & P. 351. The common law liability of a county to repair bridges is so strong, that although a bridge has been erected and constantly repaired by trustees under an act of parliament, the county are still bound to the repair: R. v. Inhab. Orfords., 4 B. & C. 194. And it has been laid down generally, that if a man build a bridge, and it become useful to the county in general, the county shall repair it: R. v. Inhab. W. R. Yorks., 5 Burr.2594; and see R. v. Inhab. Glamorgan., 2 East, 356, note (a); R. v. Inhab. W. R. Yorks., 2 East, 355; R. v. Inhab. Bucks, 12 East, 192; R. v. Inhab. Kent, 2 M. & S. 513. There are some cases, however, in which counties have heen holden not to be liable to repair certain bridges built by companies or trustees, under particular acts of parliament. See the cases collected in 1 Russ. 351. It has been held in a recent case, that the obligation upon a county is only to repair a bridge to the extent to which that bridge has been origi Fines, &c. to be paid to the tread surer. nally given to the public, and that they are not bound to widen it: R. v. Inhab. Devon., 4 B. &. C. 670; 7 N. T. R. 147. It seems that, in some cases, where the evidence is greatly in favour of the non-liability of the defendants to repair, the Court of King's Bench will, upon motion, direct a rule to be drawn up for staying the judgment, upon payment of the costs of prosecution; the county in the meantime proceeding to indict the parties whom they contend to be liable: R. v. Inhab. Oxfords., 16 East, 223. The court, however, will not stay judgment generally, but only till further order; and, if the trial of another indictment be not proceeded in with all despatch, judgment will be given: R. v. Inhab. Southampton, 2 Chit. 215. The judgment of the court upon a conviction, will generally be regulated by the same principles as govern their judgment in cases of nuisance to a highway (see ante). 1 Anne, stat. 1, c. 18. I. [Enacts that the clauses, matters, and things, in the 22 Hen. 8, c. 5, not thereby altered, shall be and continue in full force.] II. [Enacts, that for the more easy taxing and collecting the money for the repair of bridges, the justices of the peace, at their general or quarter sessions, shall, upon due presentment made to them that a bridge is out of repair, assess every town, parish, and place, within their respective commissions, towards the repairs ; but see 12 Geo. 2, c. 29.] IV. And whereas, upon presentments and indictments for not repairing such bridges, and the highways at the end of such bridges, the fines imposed and set upon such presentments and indictments, and other fines and issues for not repairing, building, and amending such bridges, and the highways at the end of such bridges, are returned into the Court of Exchequer, or other courts: be it therefore further enacted by the authority aforesaid, that no fine, issue, penalty, or forfeiture, shall hereafter be returned into the Court of Exchequer, or other court, but shall be levied and paid into the hands of the treasurer or treasurers, so |