OBSERVATIONS
ON THE
STATUTES,

ENABLING JUSTICES

TO REPAIR AND MAINTAIN

County Bridges & other Public Works,
Etc.

THE Inhabitants of Counties are by law bound to the repair of Bridges, Shire Halls,
Gaols, and Houses of Correction, and Justices in Sessions are empowered to enquire,
hear, and determine of all annoyances of Bridges, and to make such process and pains as to
them shall seem necessary for the speedy amendment of such Bridges. Counties are also
bound to the repair of Highways next adjoining to the ends of Bridges by the space of three
hundred feet, 22 H. 8. c. 5

And in case Bridges are too narrow, the Persons liable to the repair are to widen them,
if the exigences of the public require it. (R. v. Inhabitants of Cumberland , Hil. 35. G. 3.)

Justices in Sessions are also empowered to purchase Lands adjoining or near to any County
Bridge, for the more commodious enlarging, or convenient re-building the same, not
exceeding one Acre. 14. Geo. 2. c. 33.

Although Justices are thus empowered, and as Conservators of Counties are by duty
bound to maintain these several works, they are not by law invested with powers sufficient
to enable them to carry into effect what they are required to do and perform. They can-
not authorize their Surveyor to get stone, gravel, sand, or other materials, for the repair
of the works under their cognizance, or to set out and take land for enlarging any such
works, in the same manner as Commissioners of Turnpike Roads are empowered to do in
respect to their Surveyors. Nor are they enabled by any law in force, to bring actions
in their own names collectively, (they not being a Corporate Body) or in the name of their
Surveyor, for injuries done to County Bridges or other public Works. Instances have
occurred of County Bridges having been wholly washed down by the sudden breaking of
Dams of Reservoirs, through unskilfulness in the original formation, or negligence in the
subsequent reparation. Battlements of Bridges have also been thrown down by waggons,
through the carelessness of the Drivers, yet for these injuries the Justices have no legal
means of recovering satisfaction. The statute of 13. Geo. 3. it is true inflicts a penalty of a
sum not exceeding 51. nor less than 10s. at the discretion of the Justice, on every person
who shall damage the Battlement of any Bridge, but this is very inadequate to the damages
frequently committed.

For

Drewry, Printer, Stafford.