A guide to surveyors of the high-ways shewing the office and duty of such surveyors, with several cases and resolutions in law relating to the same : collected and gathered out of publick acts of Parliament now in force, and out of the year-books, and other books of the municipal laws of this kingdom : with an abridgment of the statute of 22 H. 8 Chap. 5 for the repairing of bridges, with cases relating thereunto : and likewise a summary of the statutes made for paving, cleansing, &c., streets, lanes, &c., in London and other towns and places, and an abstract of statutes made for the repairs of high-ways and bridges in particular places, methodiz'd into short chapters for the ready finding out any matter contain'd in the book / by G. Meriton, Gent.

CHAP. XI. An Abridgement of the Statute 〈◊〉〈◊〉 22 H. 8. chap. 5. about the 〈◊〉〈◊〉 of Bridges, with some Expositio•• and Cases in Law relating ther•• unto.

FOUR Justices of the Peace (b••* 1.1 not under that number) where one to be of the Quorum, in eve•• Shire, Franchise, City or Boroug•• have power in the general Sessions 〈◊〉〈◊〉 the Peace▪ to enquire, hear and d••∣termine of all manner of Annoyanc•• of Bridges broken in the High-ways and of the High-ways next adjoy••∣ing to either end of the said Bridg•• by the space of three Hundred 〈◊〉〈◊〉 and shall make Process and Pains up•••• every Presentment before them for t•••• Reformation of the same, against su•••• as own to be charged with the R••∣pairs thereof, as they think 〈◊〉〈◊〉 for the speedy amendment thereof. 〈◊〉〈◊〉 when it cannot be known what Hu••∣dred,* 1.2 Riding, Wapentake, City, Tow•• or Parish, nor what Person, or 〈◊〉〈◊〉 Politick ought to repair a Bridge 〈◊〉〈◊〉 Way at the end of it, then if the 〈◊〉〈◊〉

〈◊〉〈◊〉 without a City or Town Corpo∣••••te, it must be repaired by the Shire 〈◊〉〈◊〉 Riding within which it is situate, 〈◊〉〈◊〉 if it happen to be part in one ••hire, Riding, City or Town Cor∣••orate, and part in another, then the ••nhabitants of the several places shall re∣••air their several parts that lie within ••••eir Precincts.

And in every Case where it cannot* 1.3 〈◊〉〈◊〉 known and proved, what Persons, 〈◊〉〈◊〉, Tenements or Bodies Politick 〈◊〉〈◊〉 or make and repair the same,* 1.4 〈◊〉〈◊〉 four Justices of the Peace (one to 〈◊〉〈◊〉 of the Quorum) within the Limits 〈◊〉〈◊〉 their several Commissions and Au∣••••orities have power to call before ••••em the Constables, or two able Men 〈◊〉〈◊〉 every Town and Parish within the 〈◊〉〈◊〉, Riding, City or Town Corpo∣••••te, and with the assent of the said* 1.5 ••onstables or Inhabitants may make Tax of such a reasonable Sum of 〈◊〉〈◊〉 upon every Inhabitant in any 〈◊〉〈◊〉 City, Town or Parish within the 〈◊〉〈◊〉 of their Commissions as they all think fit, and the Names and* 1.6 〈◊〉〈◊〉 of every particular Person so by 〈◊〉〈◊〉 taxed, being written in a Roll 〈◊〉〈◊〉, the Justices shall appoint two ••••llectors for every Hundred, who

receiving one part of the Roll so 〈◊〉〈◊〉 dented under the Hands and Seals the said Justices, by virtue thereof 〈◊〉〈◊〉 are to collect and receive the 〈◊〉〈◊〉 therein mentioned, and to 〈◊〉〈◊〉 upon such as refuse, and to sell 〈◊〉〈◊〉 Distress, and retain and keep all 〈◊〉〈◊〉 Mony taxed, and the residue (if 〈◊〉〈◊〉 Distress be better) to deliver to 〈◊〉〈◊〉 Owner thereof; and the Collectors 〈◊〉〈◊〉 to pay the Monies into the Hands 〈◊〉〈◊〉 the Surveyors appointed by the 〈◊〉〈◊〉 Justices for that purpose, who are 〈◊〉〈◊〉 see such decayed Bridges repaired 〈◊〉〈◊〉 amended, which Collectors and S••••∣veyors and their Executors and Ad••••∣nistrators are to render an Account the said Justices, upon pain of I••∣prisonment,* 1.7 without Bail, till 〈◊〉〈◊〉 make a true Account, upon which 〈◊〉〈◊〉 the Justices are to allow 〈◊〉〈◊〉 such reasonable Costs and Charges they think convenient; and the 〈◊〉〈◊〉 upon presentment of 〈◊〉〈◊〉 against such Persons as own to chargeable to the making and 〈◊〉〈◊〉 of such Bridges, may make 〈◊〉〈◊〉 Process into every Shire within 〈◊〉〈◊〉* 1.8 Realm against such Persons; and Sheriffs and Bailiffs of Liberties 〈◊〉〈◊〉 Franchises are to obey the same, 〈◊〉〈◊〉

pain make such Fine as the said 〈◊〉〈◊〉 think fit.

This Act shall not extend to the* 1.9 ••iberties of the five Ports or Members •••• the same, save only that the 〈◊〉〈◊〉, Mayors and Bailiffs elected, and 〈◊〉〈◊〉 of the same Ports and every •••• them, have such Power and Au∣••••ority to enquire, hear and determine 〈◊〉〈◊〉 manner of common Annoyances 〈◊〉〈◊〉 Bridges within the same Ports and ••embers as the Justices do in their ••hires and Liberties out of the same ••orts by virtue of this Act.

A Bridge in Latin is called Pons, a* 1.10 〈◊〉〈◊〉, Quia tanquam in Aere pendet, 〈◊〉〈◊〉 my Lord Cook, Because it hangs as 〈◊〉〈◊〉 were in the Air; but some derive it 〈◊〉〈◊〉 Pono, to place or set, Quia ad 〈◊〉〈◊〉 ponitur, Because it is set for 〈◊〉〈◊〉 over: And the said Lord Cook ••aith, That Pons significat omne quod ••uper Aquas transimus, Every thing ••••at we may pass-over the Water up∣••n; and Pontage is derived from Pons,* 1.11 〈◊〉〈◊〉 signifies sometimes the Contri∣••ution that is given for the main∣••••nance or re-edifying of Bridges, and ••ometimes the Toll paid for that pur∣••ose by those that pass over Bridges: ••nd so it is mentioned in 39 Eliz.

chap. 24. And before the making 〈◊〉〈◊〉* 1.12 this Statute 22 H. 8. Presentments fo•• repair of Bridges might be by 〈◊〉〈◊〉 Common Law, before the Justices 〈◊〉〈◊〉 the Kings Bench, or before Justices 〈◊〉〈◊〉 Eyre, or Commissioners of Oyer an•• Terminer, and in the Tourn or Leet▪

Of common Right all the Coun••••••* 1.13 shall be chargeable to the Reparatio•• of a Bridge (where no other is bou•••• by the Law to repair it) because it 〈◊〉〈◊〉 a common Easement for the who•••• County; And so as to that Point 〈◊〉〈◊〉 Statute 22 H. 8. chap. 5. was but 〈◊〉〈◊〉 affirmance of the Common Law; 〈◊〉〈◊〉 those who have Lands on the one si•••• of a Bridge, or on the other, or 〈◊〉〈◊〉 both sides, are not bound of 〈◊〉〈◊〉 Right to repair the same.

But he who hath the Toll of 〈◊〉〈◊〉* 1.14 Men or Cattel which pass over 〈◊〉〈◊〉 Bridge or Cawsey ought to repair 〈◊〉〈◊〉 same, for he hath the Toll to 〈◊〉〈◊〉 purpose; Et qui sentit 〈◊〉〈◊〉 s••ntire debet & onus, Also a 〈◊〉〈◊〉 may be bound to repair a Bridge, R••∣tione tenurae Terrarum sive Teneme••∣torum, &c. By reason of the 〈◊〉〈◊〉* 1.15 of his Lands: And if such a Perso•• alien part of these Lands to one Man and part of them to another, 〈◊〉〈◊〉

twenty Acres to one, and ten Acres 〈◊〉〈◊〉 another, and afterwards one of these 〈◊〉〈◊〉 is presented only, and found liable 〈◊〉〈◊〉 the Repairs of a Bridge, and is 〈◊〉〈◊〉 for the same; in this Case 〈◊〉〈◊〉 may have a special Writ de onerando 〈◊〉〈◊〉 rata portione, to be discharged for 〈◊〉〈◊〉 Rate according to his proportion; 〈◊〉〈◊〉 a particular Man cannot be bound* 1.16 ••y Usage and Prescription, viz. That 〈◊〉〈◊〉 and all his Ancestors have rep••ired ••he Bridge, if it be not in respect of ••he Tenure of his Land, taking of Toll, or other Profits as aforesaid. But 〈◊〉〈◊〉 Body Politick or Corporate, Spiri∣tual or Temporal, who are local, and have a perpetual succession, may be charged by Usage and Prescription, for they may bind the Successors: And if a Bishop, Prior, Abbot, &c. And* 1.17 their Predecessors, time out of mind, have repaired a Bridge out of Alms or Charity, or Good-will, this shall bind them to repair it; but if it hath been but for once or twice within Memory, it bindeth not, and yet it is Evidence against them till they prove the contrary.

If a Man make a Bridge for the* 1.18 good of all their Majesties Subjects, he is not bound to repair it by the

Common Law; but either Ratio•••• Tenurae or Praescriptionis; and no•••• can be compelled to make new Bridge where never any were before, but 〈◊〉〈◊〉 Act of Parliament. But if a Man 〈◊〉〈◊〉* 1.19 a Mill for his own singular Profit, an•• make a new Cut for the Water 〈◊〉〈◊〉 come to it, and make a new Bridg•• over it, and the People use to go over 〈◊〉〈◊〉 as over a common Bridge; this Bridg•• ought to be repaired by him whi•••• hath the Mill, and not the County because he built it for his own Benefit 8 E. 3. B. R. Adjudged for 〈◊〉〈◊〉 Bridge and Channel-Bridge against 〈◊〉〈◊〉 Prior of Stratford, and it is now re∣paired by the City of London whi•••• hath the Mill.

This Act of 22 H. 8. extends 〈◊〉〈◊〉* 1.20 to common Bridges in the Kings High-ways, which are broken to the damag•• of their Majesties Liege People, and 〈◊〉〈◊〉 to private Bridges to Mills, or the like and therefore the Indictment upon 〈◊〉〈◊〉 Statute saith, Quod pons publicus 〈◊〉〈◊〉 communis situs in alta Regia Via super flumen seu cursum Aquae, &c. 〈◊〉〈◊〉 common publick Bridge set in 〈◊〉〈◊〉 Kings High-way over a River or Water sewer, &c. And for the better War∣rant* 1.21 of the Justices when it cannot b••

proved who own to repair such Bridges, 〈◊〉〈◊〉 hath been gravely advised (saith my Lord Cook) That the Justices make inquiry by the Grand Inquest of the Body of the County, at the Ge∣neral Quarter-Sessions, who ought to repair the Bridges, and if that can∣not appear upon any proof made, then to find that the Bridge is in de∣cay, &c. And to conclude their Pre∣sentment,* 1.22 Et ulterius Juratores prae∣dicti praesentant quod prorsus nescitur quae personae quae Terrae sive Tene∣menta, aut Corpora Politica eundem pontem, aut aliquam inde parcellam ex Jure aut antiqua consuetudine re∣rare debent, seu consueverunt, And the said Jurors do farther present, that it cannot be known what Persons, Lands or Tenements, or Body Poli∣tick of Right, or by ancient Custom ought to repair the said Bridge, or any part of it, or have been accustom∣ed to do it; and this will be a safe way for the four Justices, or more, to proceed herein. And in a Franchise, City or Borough, where there are not four Justices of the Peace, and one of them of the Quorum, and where they keep not General Sessions, the Justices of the Peace for the County in such

case are to inquire upon this Statute▪ But if the Franchise, City or Boroug•• be a County of it-self, then the Ju∣stices of the Peace of the County ha•••• nothing to do with it, but such de∣cay of Bridges there must be remedi•••• according to Common Law, as they were before the making of this Act o•• Parliament.

If a Man dwell in an House out o••* 1.23 the County, Riding, City or Tow•• Corporate where a decayed Bridge is yet if he have Lands or Tenements •••• his own possession and manurance is that County, Riding, City or Tow•• Corporate where the Bridge is; he •••• an Inhabitant in both places within this Statute, for habitatio dicitur a•••• habendo, quia qui propriis manibus, & sumptibus possidet & habet, ibi habi∣tare dicitur; So that a Man is said t••* 1.24 inhabit where he keeps Lands in his own Manurance and Possession, a•• aforesaid; And so if a Man dwell i•• a Foregin Shire, Riding, City o•• Town Corporate, and keepeth House and Servants in another Shire, Riding City or Town Corporate, he is a•• Inhabitant in each of them also with∣in this Statute; but though Servant•• are properly Inhabitants where the••

Live, yet they are not such Inhabitants as this Statute extends to them, but to such as be Housholders; and to every Corporation and Body Politick residing in any County, Riding, City or Town Corporate, or having Lands or Tenements in any Shire, Riding, City or Town Corporate, quae pro∣prits manibus & sumptibus possident & habent, are said to be Inhabitants within the purview of this Statute; and an Infant likewise that hath House and Lands by descent or pur∣chase is liable to this publick Charge, and so is the Husband of a Feme-Co∣vert; and by this word (every In∣habitant) all Priviledges of Exemp∣tions, or Discharges whatsoever from Contribution, for the Reparation of decayed Bridges (if any were) are taken away, although the Exemption were by Act of Parliament; so that it seems Ecclesiastical Persons who by former Laws are freed from Pon∣tage are by this Statute made liable to contribute to the Charges of decay'd Bridges.

Although by this Statute of 22 H. 8* 1.25 neither the Justices without the assi∣stance of the Constable, or two able Men of every Town or Parish, nor the

Constables or Inhabitants without the Justices can make a Taxation, no•• when the same Tax is made, can the same be set by the Justices in a gross Sum upon every Hundred, Parish and Town, but that every Inhabitant ought to be taxed singly by himself,* 1.26 and each one bear his own Burthen; and that indented Rolls in Parchment of every several Hundred, and of the Names and Sums of every particular Person so by them taxed, and sealed by the said Justices, ought to be given to the Collectors appointed for the Bridges for their Warrant to gather the said Tax by; yet notwithstanding (to free the Constables and Inhabi∣tants from the trouble and charge of Attendance) the common course is to charge every Hundred and Consta∣blery with a Sum in gross, and to give it in charge to the Chief Con∣stables of every Hundred, who send their Warrants to the Petty-Constables to gather the same, by virtue of which Warrant the Inhabitants lay on their Assessment, and pay the Mony to the Petty-Constables, who pay the same to the Chief-Constables, and they pay the Monies for their whole Hundred at the Sessions. And this

course, though not warranted by the Statute, is submitted to, and never disputed, for Communis Error facit* 1.27 Jus.

Notes

• * 1.1

  22 H. 8. ch. 5. Keb. St. at large print∣ed 1684. f. 384, 385. sect. 1, 2, 3, 9. Poult. Abst. of the P••nal St••t. Tit. Just. of Peace, sect. 70. Lamb. p. 474. Dalt. J P. f 44, 45. Compl. J. p. 45, 46. Bond p. 54, 55. Wingate Bridges sect. 3.
• * 1.2

  Co. 2 Inst. f. 70••. Poult. Bridges 1. Wingate Bridges s••ct. 4.
• * 1.3

  22 H. 8. ch. 5. Co. ibid. f. 703. Keb. ibid. sect. 4, 5, 8. Poult. ubi sup••a Bridges 2.
• * 1.4

  Wingate Bidges, sect. 5.
• * 1.5

  So that by th•••• Act the Justices cannot make the Tax without the Constable or two Inhabitants, no•• they without the Justices, Co. Inst. 2 p. f 704.
• * 1.6

  Every Inhabitant is to be taxed by himself, and not a gross Sum upon a Constable, &c. Co. ubi supra, Poult, Bridges 3, 4.
• * 1.7

  Wingate Bridges se•••• 8.
• * 1.8

  Poult. Bridges 5. Wingate Bridges sect. 6.
• * 1.9

  22 H. 8. ch. 5 K••b. St. at large print∣ed 1684. f. 385. sect. 6, 7. Poult. Bridges 6. Wing. Bridges, sect. 7.
• * 1.10

  Co. 2 Inst. f. 701. in M••rgin, & 700 in Margin.
• * 1.11

  Terms of the Law, and Blounts Law Dictionary verb. Pontage, Co. Rep. 8. lib. f. 47. ••. 3 E. 3. Ass. 445. F. N. B. D. 227.
• * 1.12

  27 Ass. pl. 28. 43 Ass. pl. 37. Co. 2▪ Inst. f. 701.
• * 1.13

  10 E. 3. 28. Co. 13 Rep. f. 33. & Co. 2 Inst. f. 700, 701. Pasch. 1•• Jac. 1. Poph. Rep. f. 192 Tr. 2 Car. 1. B. R. Tr. 10 Car. 1. in an Information a∣gainst th•• Inhabi∣tants of Middle∣sex for Longford Bridge, agreed by the Court Rolls Case 1 p. f. 368. C••om. 186. b. 187.
• * 1.14

  14 E. 3 B••rr 276. ••••. R••p. 13. lib. ••. 33.
• * 1.15

  ••e••ist. f. 268. ••▪ N. B▪ 〈◊〉〈◊〉 b. Co. 2 Inst. f. 700.
• * 1.16

  For the Act of the Ancestor can∣not charge the Heir without Pro∣fit, 21 E. 4. f. 38. b. Co. 2 Inst f. 700 & 13 Rep. f. 33. 27 Ass pl. 8. Crom▪ 187 49 E. 3. f. 5. b. •• •• E. 4. ••. 38. b. Dalt. J. P. f. 45.
• * 1.17

  10 E. 3. f. 28, 29. 27 Ass. pl. 8. Co. •• Inst. f. 700. Co. 1•• lib. Rep. f. 33.
• * 1.18

  8 H. 7. f. 5. b. Co. 2 Inst. f. 701.
• * 1.19

  ••olls Ca. 1 p. 368.
• * 1.20

  22 H. 8. ch. 5 Co. 2 Inst. f. 701.
• * 1.21

  Co. ibid. f. 703.
• * 1.22

  How the 〈◊〉〈◊〉 Jury are to con∣clude their Pre∣sentments for de∣cayed Bridges, Co. ibid. f. 703.
• * 1.23

  Who shall be ac∣counted ••n Inha∣bitant and liable to contribute to the charge of the Repairs of decay∣ed Bridges.
• * 1.24

  So resolved in Jeffries Case, Mic. 31 & 32 El. B R. Co. Rep. 5. lib. f. 66, 57.
• * 1.25

  How and after what manner 〈◊〉〈◊〉 Taxes are usually laid on for the re∣pairs of decayed Bridges.
• * 1.26

  Co. 2 Inst. f. 702, 703.
• * 1.27

  Philips Principles of Law, p. 13.