Middlesex Sessions:
Sessions Papers - Justices' Working Documents
SM | PS

October 1786

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Easter Term 10 Geo. 3. K.B. 687

distringatur facere Pontes-not to exempt him, from repair-
ing those already erected, in case they be public Benefits.
This is the grand Criterion. If a Man wantonly erects an use-
less, or a mere ornamental Bridge; neither He, nor the Pub-
lic are bound to sustain it. And, if it is principally for his
own Benefit, and only collaterally of Benefit to others, as in
the Case cited of the Bridge to the Mill; the Public have
nothing to do with it.But, where it is of Public Utility, as
is expressly found in the present Case; the public, which reaps
the Benefit, ought to sustain the Burden of repairing it. Else,
it would be a great Discouragement to public spirited Per-
sons, to erect a beneficial Bridge; provided they must either
repair it themselves, or it must run to Ruin.

Judgment for the Crown.




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