IV. And be it further enacted, That in every such case where it cannot No. I. c. 5. be known and proved what persons lands tenements and bodies politick 22 H. VIII. owen to make and repair such bridges, that for speedy reformation and amending of such bridges the justices of peace within the shires or ridings wherein such decayed bridges been out of cities and towns corporate, and if it be within cities or towns corporate then the justices of The Justices peace within every such city or town corporate or four of the said justices may tax the at the least, whereof one to be of the quorum, shall have power and autho- Inhabitants rity within the limits of their several commissions and authorities to call with the Assent before them the constables of every town and parish being within the of the Consta¬ shire riding city or town corporate, as well within liberty as without, bles. 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 or four of them at the least, whereof one to be of the quo rum; and at and upon the appearances of such constables or inhabitants By 1 Ann, st. 1. the said justices of peace or four of them, whereof one to be of the quorum, c. 18. Sessions with the assent of the said constables or inhabitants, shall have power of the Peace and authority to tax and set every inhabitant in every such city town or may tax the parish within the limits of their commissions and authorities to such rea- several Townsonable aid and sum of money as they shall think by their discretions ships, &c. See convenient and sufficient for the repairing re-edifying and amendment of 2 Inst. 704. such bridges; and after such taxation made the said justices shall cause Doug. 180. 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 Two Collectors make two collectors of every hundred for collection of all such sums of of every Hunmoney by them set and taxed; which collectors receiving the one part of dred. 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 perceive all the money taxed, and the residue (if the distress be better) to deliver to the owner thereof; and that the same justices or four of them within the limits of The Justices their commissions and authorities, shall also have power and authority to shall appoint name and appoint two surveyors, which shall see every such decayed Two who shall bridge repaired and amended from time to time as often as need shall repair the require, to whose hands the said collectors shall pay the said sums of Bridge. money taxed and by them received; and that the collectors and survey ors and every of them and their executors and administrators and the The Collectors executors and administrators of them and every of them from time to and Surveyors time shall make a true declaration and accempt to the justices of peace shall accompt of the shire riding city or town corporate wherein they shall be appointed to the Justices collectors or surveyors, or to four of the same justices, whereof one to be of the quorum, of the receipts payments and expences of the said sums of money: And if they or any of them refuse that to do, that then the same justices of peace or four of them from time to time by their discretions shall have power and authority to make process against the said collectors and surveyors and every of them their executors and administrators and the executors and administrators of every of them by attachments under their seals returnable at the general sessions of peace, and if they appear then to compel them to account as is aforesaid; or else if they or any of them refuse that to do, then to commit such of them as shall refuse to ward, re-established as before; the Court held that the Inhabitants of the County of Bucks, who, in answer to an indictment for the non-repair of that part of the Bridge lying in the County of Bucks, pleaded these matters, and shewed that the Bridge was a common public Bridge, were nevertheless bound to rebuild and repair it, Rex v. Buckinghamshire (Inhab.) 12 E. R. 192. A new and substantive Bridge of public utility, built within the limit of one County, and adopted by the Public, is reparable by the Inhabitants of that County, although it be built within 300 feet of an old Bridge reparable by the Inhabitants of another County, who were bound in course under the Statute 22 H. 8. c. 5. to maintain such 300 feet of road, though lying in the other County, Rex v. Devon (Inhab.) 14 E. R. 477. No. I. 22 H. VIII. c. 5. The Justices may make Process into every Shire against Offenders. Sheriffs, &c. shall serve Process upon the Offenders. The Five Ports excepted. Allowance made to the there to remain without bail or mainprize till the said declaration and account be truly made. V. And where any bridge or bridges lien in one shire or riding, and such persons inhabitants bodies politick 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 been within any city or town corporate and the persons inhabitants bodies politick 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 happen to be shall have power to inquire hear and determine all such annoyances, being within the limits of their commissions or authorities; and if the annoyance be presented, 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 politick 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 where 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 he 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. VI. Provided always, That this Act or any thing therein contained be not prejudicial to the liberties of the Five Ports or members of the same. And for reformation of annoyances of bridges within the said ports and members. VII. Be it enacted by authority of this present Parliament, That the warden mayors and bailiffs elected and jurates of the same ports, and every of them, have power and authority to inquire hear and determine all manner of common annoyances of bridges within the same ports and members, and to make such process pains taxations and all other things within the same ports and members, as the justices of peace may do in other shires or places out of the same ports by virtue and authority of this present Act in every behalf. VIII. And be it further enacted by the authority aforesaid, That the justices of peace or four of them shall have full power and authority to Surveyors and allow such reasonable costs and charges to the said surveyors and collectors as by their discretions shall be thought convenient. Collectors. IX. Forasmuch that albeit bridges decayed were amended and re'paired 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 by the King our Sovereign Lord and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, 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, (4.) 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 borough, 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 in (4.) The obligation (established by several au- Bridge of public utility, extends to the 300 feet thorities) of a County to repair a new-erected at the ends. R. v. West Riding of York. 7 E. 588. No. I. c. 5. quire 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 22 H. VIII. 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 Farther Proviand may do to and for the making repairing and amending of bridges sions, see Index, by virtue and authority of this present Act. [No. II. ] 1 Anne, Stat. 1. c. 18.-An Act to explain and alter the Act made in the Two-and-twentieth Year of King Henry the Eighth, concerning repairing and amending of Bridges in the Highways: And for repealing an Act made in the Twenty-third Year of Queen Elizabeth, for the re-edifying of Cardiffe Bridge in the County of Glamorgan: And also for changing the Day of Election of the Wardens and Assistants of Rochester Bridge. tit. Bridges. 1 Anne, Stat. I. c. 18. WHEREAS by an Act of Parliament in the two-and-twentieth year of the reign of King HENRY the Eighth, intituled An Act concerning repairing and amending of Bridges in the Highways, it is amongst other 22 H. 8. c. 5. things therein enacted, That in every case where it cannot be known and concerning the proved what persons lands tenements and bodies politick ought to make amending of and repair such bridges, that for speedy reformation and amending of Bridges, such bridges the justices of the peace within their several counties shires ridings and divisions cities and towns corporate, or any four of them, whereof one to be of the quorum, shall within the limits of their 'several commissions call before them the constables of every town and parish, or else two of the most honest inhabitants of every town and parish, and with the assent of the said constables or inhabitants shall tax and set every inhabitant in such city town and parish to such rea'sonable aid and sums of money as they shall think by their discretions 'convenient for the repairing of such bridges, and after such taxation ⚫ made shall cause the names and sums of every particular person so by them taxed to be written in a roll indented, one part whereof is to be ' delivered under the hands and seals of the said justices to two collectors appointed by the said justices for every hundred, who are thereby empowered to collect the same; which method and manner of taxing and collecting the said money for repair of decayed bridges and the highways thereunto adjoining, having by long experience been found very troublesome burthensome and chargeable to the several counties 'cities towns corporate ridings and divisions: And whereas in many places within this kingdom more inoney than is necessary for the repair of such bridges hath been taxed and collected, or the money which hath been so taxed and collected hath been misemployed, and not laid ' out in the repair of such bridges as was intended: For remedy of all which mischiefs and inconveniencies for the future, May it please your most excellent Majesty that it may be enacted; and be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That all and every the clauses matters and things in the said Act of the two-and-twentieth further contiyear of the reign of the said King HENRY the Eighth not hereby altered, nued. shall be and continue in full force and virtue to all intents constructions and purposes whatsoever, relating to the repairing of decayed bridges and the highways thereunto adjoining. II. And be it further enacted by the authority aforesaid, That for the For collecting Money for Repair of decayed Bridges, Justices of Peace may assess every Town, &c. in Proportion. No. II. 1 Anne, st. 1. c. 18. Assessments how to be levied, &c. Treasurers to On Nonpayment, to be levied by Distress. Penalty on Constable, &c. Fines, &c. to be paid to the Treasurer. Matters con cerning Repair of Bridges, &c. where to be de termined. more easy taxing and collecting of the money for the repair of decayed bridges and that the same may be duly applied to the purposes for which it is intended, the justices of the peace within the several limits of their commissions shall at their general or quarter-sessions of the peace, from and after the first day of May which shall be in the year of our Lord one thousand seven hundred and two, have full power and authority, upon due presentment to them made that any bridge within their respective commissions or authorities is out of repair, and which by them hath usually or ought to have been repaired and maintained, to assess upon every town parish or place within their respective commissions, in proportions upon each respective town and parish as they usually have been assessed towards the repair of bridges; which money so assessed as aforesaid shall be levied and collected by the respective constables of each parish township hamlet or vill, or by such other person and persons and in such manner as the said justices by their order at such sessions shall in that behalf direct and appoint, and the money thereby raised shall (by such constables or other persons so as aforesaid by them collected) be paid over by them to the high constables of every hundred, in any such county city riding or division, in six days after they shall have received the same, and the high constables shall and are hereby required in ten days after their receipt to pay the same into the hands of such person and persons as the said justices by their order at such sessions shall direct and appoint to be treasurers and receivers of the same, and the money thereby raised shall be employed and accounted for according to the orders and directions of the said justices for and towards the amending of such decayed bridges and the highways at the end of the said bridges, from time to time as need shall require; and the said assessments shall be levied by distress and sale of the goods of every person so assessed, not paying the same within ten days after demand, rendering the overplus of the value of the goods so distrained to the owner and owners thereof, the necessary charges of making and selling such distress being first deducted. III. And to the end that the money which is hereby intended to be assessed and levied may be duly collected paid and applied to the several purposes for which it is intended, Be it further enacted by the authority aforesaid, That every high constable churchwarden overseer of the poor or petty constable or other person that shall neglect to assess collect or pay the money hereby intended to be raised, as is herein-before directed, shall for every such offence forfeit the sum of forty shillings; and every treasurer that shall pay any money but by order of such justice of the peace at such sessions (which order the said justices are hereby required and commanded to make only for the building repairing or amending such bridges and the highways at the end of such bridges as aforesaid) shall for every such offence forfeit the sum of five pounds. 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 as aforesaid appointed by the said justices, to be accounted for by the said treasurer, and to be applied by the said justices towards the building repairing and amending such bridges, and the highways at the ends of such bridges, and to no other end or purpose whatsoever. V. And be it enacted by the authority aforesaid, That all matters concerning the repairing and amending of the bridges and highways herein-before mentioned shall be determined in the county where they lie, and not elsewhere; and that no presentment or indictment for not repairing such bridges or the highways at the end of such bridges shall be removed by certiorari out of the said county into any other court. (5.) VI. And be it further enacted by the authority aforesaid, That the said justices of the peace at such general quarter sessions as aforesaid shall have full power and authority to allow such persons concerned in the execution of this present Act any sum not exceeding three pence in the pound. No. II. 1 Anne, st. 1. c. 18. Justices to allow 3d. in the Pound, &c. VII. And be it further enacted by the authority aforesaid, That if any action or suit shall be hereafter commenced or prosecuted against any General Issue. person or persons by this Act authorised to put the same in execution, every person or persons so sued may plead the general issue, and give this Act or the said recited Act made in the two-and-twentieth year of the reign of King HENRY the Eighth and the special matter in evidence; and if the plaintiff shall become nonsuit, or forbear further prosecution, or suffer discontinuance, or if a verdict pass against him or her, the said defendant and defendants shall recover his and their double costs, for Double Costs. which he and they shall have the like remedy as in cases where costs by law are given to defendants. VIII. Provided always, That this Act nor any thing therein contained Persons and shall excuse or discharge any particular persons estates or places from Things exemptrepairing any bridge which they have heretofore usually repaired. ed. IX. And be it further enacted by the authority aforesaid, That all the Penalties how penalties and forfeitures incurred by this Act shall be applied towards the to be levied. repairing the said bridges and highways at the ends of the same. [X. 23 Eliz. c. 11 relating to Cardiffe Bridge, repealed.] [XI. Cardiffe Bridge deemed a common Bridge.-How it shall be repaired.] XII. Orders heretofore made not be annulled.] XIII. And whereas many private persons or bodies politick or corpo'rate are of right obliged to repair such decayed bridges and the highways thereunto adjoining, but because the inhabitants of the county riding or division in which such decayed bridge or highways lie have not been allowed, upon informations or indictments brought against such person or persons bodies politick or corporate for not repairing such decayed bridges and the highways thereunto adjoining, by the judges before whom such information or indictment is to be tried to be legal witnesses;' Be it enacted and declared, That in all infor- Evidence of Inmations or indictments to be brought and tried in any of her Majesty's habitants to be Courts of Record at Westminster, or at the assizes or quarter sessions of taken in Inforthe peace, the evidence of the inhabitants being credible persons, or any mations. of them, of the town corporation county riding or division, in which such decayed bridge or highway lies, shall be taken and admitted in all such cases in the courts aforesaid; any custom rule order or usage to the contrary notwithstanding. [XIV. Wardens, &c. of Rochester Bridge to be chosen annually on Friday after Easter Week, and enjoy the same power.] [ No. III. ] 14 George II. c. 33.-An Act to supply some Defects in the Laws for repairing and rebuilding County Bridges, for repairing, enlarging, erecting and providing Houses of Correction, and for passing Rogues and Vagabonds. WHEREAS it does and may happen that when county bridges are to be rebuilt and repaired, a piece or parcel of ground thereto adjoining may be of great use or service, either for enlarging such bridges or more commodiously rebuilding them: And whereas there is no power given by the laws in being for the rebuilding or repairing of (5.) An Indictment for not repairing a County Bridge may be removed by Certiorari at the instance of the prosecutor, notwithstanding the general words of Stat. 1 Ann, c. 18. § 5, that no 14 George II. c. 33. such indictment shall be removed by Certiorari. Rex v. Cumberland (Inhab.) 6 T. Ŕ. 194. Affirmed in Error in Dom. Proc. 3 B. &. P. 354. |