The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Pasch. 7 Jac. Regis.

This Term a Question was moved at Sergeants Inne, who, by the Common-Law, ought to repair the Bridges, common Rivers and Sewers, and the High-ways, and by what means they shall be compelled to it; and first of Bridges. And as to them, it is to be known, that of com∣mon right all the Country shall be charged: and there∣with agrees, 10 Ed. 3. 28. b. and the Star. 22 H. 8. cap. 5. was but an affirmance of the Common-Law in that Point. He that hath Toll of Men or Cattel passing over a Bridge, ought to repair the same, when no other is bound by Law to do it, for he hath Toll to that purpose: Et quisentit commodam, sentire debet & onus: and with this agrees 14 Ed. 3. Bar. 276. Also, a man may be bound to repair a Bridge, ratione tenurae, of certain Land, but a particular person cannot be bound by Prescription: for if he have not profit by the same, his Ancestors Act shall not bind him: But an Abbot or Corporation may be charged by Prescription, and may bind their Successors.

Vide 21 E. 4. 28. 27 Ed. 3. 8. 22 Ass. 8. 5 H. 7. 3. Yea•• they shall be compelled, if time out of mind they have re∣paired it, though of Alms; and therewith agrees 10 E. 3. 28. So of a High-way, all the Country ought to repair it; but some may be bound particularly, as in the Case of Bridges. As he who hath Land adjoyning, ought to scour and cleanse the Ditches, next to the way to his Land; and therewith agrees the Book, 8 H. 7. 5. So of a common River, all who have Passage by it, ought to scour and cleanse it, for it is as a common Street; as it is said, 17 Assi. and 37 Ass. 10.