Middlesex Sessions:
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October 1786

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686 Easter Term 10 Geo. 3. K. B.

That the antient Foot Bridge stood sixty Yards below the
new Bridge , in the same Highway.

That the said Road was made a Turnpike Road, in 1755;
and about 1766, the Commissioners laid out 6s. in the Repair
of the said Bridge.

Whereupon the defendants were found Guilty, subject to
the Opinion of the Court on this Question; Whether the In-
habitants of the West Riding are obliged, to rebuild the said
new Bridge?

Mr. Weyman for the prosecutors argued, that the Bridge be-
ing of public Utility, though erected by private Contribution,
the Riding was bond to maintain it; and cited, Roll. Abr.
891. 2 Inst. 701. 13 Rep.33. 1 Salk. 359. Queen and Wilts.
And that a Clause was inserted, in 9 Geo. 2. c. 29. to prevent
Westminster Bridge from being a County Bridge, as it otherwise
would have been.

Mr. Lee for the Defendants insisted, that neither Common
Law, nor the Statute Hen. 8. extend to the Case of Persons, who
voluntarily erect a Bridge within time of Memory-That Magna
Charta, c. 15. is express, against the erecting of new Bridges .
That, according to Lord Coke's Coment thereon in 2 Inst.
it is necessary to have a special Presentment, that it does not
appear, who are bound to repair, before the County or Rid-
ing can be charged. That the Report of the Queen and Wilts
in 6 Mod. differs from that in Salkeld. And he cited 1 Roll.
abr. 368. Where a Man makes a Bridge to a Mill, it ought
to be repaired by him, that made it; because it is for is own
private Advantage.

But Aston, Willes, and Blackstone Justices (absente Lord Mans-
field Chief Justice) were of Opinion, that were a private Per-
son or Persons, erect a Bridge that is of public Utility; the
Public (that is, the County or Riding) are bound to keep it
in Repair. That Magna Charta only extends to prevent the
Subject, from being compelled to erect new Bridges-Non
distringatur

B N. Master Burrows in his Report of this Cause says
Lord Mansfield come into Court, just after the other three
Judges had declared their Opinion & expressed his intire
approbation of, art Agreement with them in, it.




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