Easter Term 10 Geo. 3. K. B. 685
The King against The Inhabitants of the West Riding of
Yorkshire
.
INDICTMENT, for not repairing a certain public Bridge
caled Glusburne Bridge
.-The Defendants pleaded, That
there was an ancient Foot Bridge over Glusburne Brook,
which, on the 1st December 1744, the Inhabitants of Glusburne
took down; and in lieu and Stead thereof, and in the Place
where the Foot Bridge stood, they erected the Bridge
in question,
for Horses, Carriages, etc.-That the Inhabitants of Glusburne
had immemorially used to repair the said Foot Bridge, and from
the Time of erecting the new Bridge had repaired, and ought
to repair the same;-and traversed the Right of the Inhabitants
of the Riding to repair; on which Traverse Issue was joined.
County is
bound to re-
pair new
built Bridge,
by a private
Person, if it
be of public
Utility.
On the Trial at last York Assises, before Mr. Justice Gould,
the following Case was stated.
That there was an antient Foot Bridge over Glusburne Brook,
and a Ford for Horses, and another for Carriages; and that
the Inhabitants of Glusburne always repaired the said Bridge.
That, in 1743, on an application to the Quarter Sessions or
the West Riding of Yorkshire
by the Inhabitants of Glusburne
,
it was ordered by the Court, the 11th January 1743, that the
Treasurer should advance 10 l. out of County Stock, as a
Gratuity, to enable the said inhabitants to build a new Bridge
over Glusburne Ford.
the. 10th July 1744 the said Order was renewed, with Proviso, that
nothing therein should extend to charge the Inhabitants of the
Riding, with the Repairs of the said Bridge; which Sum was
accordingly paid.
That the Inhabitants of Glusburne built a Bridge for Carts,
Carriages, and Horses and Foot Passengers; and pulled down the
antient Foot Bridge, and sold the Material-That the new Bridge
was of public Utility, and used constantly till 1767, when it was
carried away by a Flood.
Vol. II. That