Jump to Content
Jump to Main Navigation
Jump to Section Navigation
Sign in
Register
London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
Main Navigation
Home
Search
Browse
Lives
Historical Background
The Project
London Lives Book
<
div1
type
=
"SM_PSpage"
id
=
"LMSMPS50815PS508150059"
>
<
xptr
type
=
"pageFacsimile"
doc
=
"LMSMPS508150059"
>
</
xptr
>
<
p
n
=
"368"
>
686 Easter Term 10 Geo. 3. K. B.
</
p
>
<
p
n
=
"369"
>
That the antient Foot Bridge stood sixty Yards below the
<
lb
>
</
lb
>
<
rs
type
=
"placeName"
id
=
"LMSMPS50815_geo201"
>
new Bridge
</
rs
>
<
interp
inst
=
"LMSMPS50815_geo201"
type
=
"placeName"
value
=
"new Bridge"
>
</
interp
>
<
interp
inst
=
"LMSMPS50815_geo201"
type
=
"type"
value
=
"undefined"
>
</
interp
>
, in the same Highway.
</
p
>
<
p
n
=
"370"
>
That the said Road was made a Turnpike Road, in 1755;
<
lb
>
</
lb
>
and about 1766, the Commissioners laid out 6s. in the Repair
<
lb
>
</
lb
>
of the said Bridge.
</
p
>
<
p
n
=
"371"
>
Whereupon the defendants were found Guilty, subject to
<
lb
>
</
lb
>
the Opinion of the Court on this Question; Whether the In-
<
lb
>
</
lb
>
habitants of the West Riding are obliged, to rebuild the said
<
lb
>
</
lb
>
new Bridge?
</
p
>
<
p
n
=
"372"
>
Mr.
<
rs
type
=
"occupation"
id
=
"LMSMPS50815_occ111"
>
Weyman
</
rs
>
<
interp
inst
=
"LMSMPS50815_occ111"
type
=
"occupation"
value
=
"Weyman"
>
</
interp
>
for the prosecutors argued, that
<
rs
type
=
"placeName"
id
=
"LMSMPS50815_geo202"
>
the Bridge
</
rs
>
<
interp
inst
=
"LMSMPS50815_geo202"
type
=
"placeName"
value
=
"the Bridge"
>
</
interp
>
<
interp
inst
=
"LMSMPS50815_geo202"
type
=
"type"
value
=
"undefined"
>
</
interp
>
be-
<
lb
>
</
lb
>
ing of public Utility, though erected by private Contribution,
<
lb
>
</
lb
>
the Riding was bond to maintain it; and cited, Roll. Abr.
<
lb
>
</
lb
>
891. 2 Inst. 701. 13 Rep.33. 1 Salk. 359. Queen and Wilts.
<
lb
>
</
lb
>
And that a Clause was inserted, in 9 Geo. 2. c. 29. to prevent
<
lb
>
</
lb
>
<
rs
type
=
"placeName"
id
=
"LMSMPS50815_geo203"
>
Westminster Bridge
</
rs
>
<
interp
inst
=
"LMSMPS50815_geo203"
type
=
"placeName"
value
=
"Westminster Bridge"
>
</
interp
>
<
interp
inst
=
"LMSMPS50815_geo203"
type
=
"type"
value
=
"undefined"
>
</
interp
>
from being a County Bridge, as it otherwise
<
lb
>
</
lb
>
would have been.
</
p
>
<
p
n
=
"373"
>
Mr. Lee for the Defendants insisted, that neither Common
<
lb
>
</
lb
>
Law, nor the Statute Hen. 8. extend to the Case of Persons, who
<
lb
>
</
lb
>
voluntarily erect a Bridge within time of Memory-That Magna
<
lb
>
</
lb
>
Charta, c. 15. is express, against the erecting of
<
rs
type
=
"placeName"
id
=
"LMSMPS50815_geo204"
>
new Bridges
</
rs
>
<
interp
inst
=
"LMSMPS50815_geo204"
type
=
"placeName"
value
=
"new Bridges"
>
</
interp
>
<
interp
inst
=
"LMSMPS50815_geo204"
type
=
"type"
value
=
"undefined"
>
</
interp
>
.
<
lb
>
</
lb
>
That, according to Lord Coke's Coment thereon in 2 Inst.
<
lb
>
</
lb
>
it is necessary to have a special Presentment, that it does not
<
lb
>
</
lb
>
appear, who are bound to repair, before the County or Rid-
<
lb
>
</
lb
>
ing can be charged. That the Report of the Queen and Wilts
<
lb
>
</
lb
>
in 6 Mod. differs from that in Salkeld. And he cited 1 Roll.
<
lb
>
</
lb
>
abr. 368. Where a Man makes a Bridge to a Mill, it ought
<
lb
>
</
lb
>
to be repaired by him, that made it; because it is for is own
<
lb
>
</
lb
>
private Advantage.
</
p
>
<
p
n
=
"374"
>
But Aston, Willes, and Blackstone Justices (absente Lord Mans-
<
lb
>
</
lb
>
field Chief Justice) were of Opinion, that were a private Per-
<
lb
>
</
lb
>
son or Persons, erect a Bridge that is of public Utility; the
<
lb
>
</
lb
>
Public (that is, the County or Riding) are bound to keep it
<
lb
>
</
lb
>
in Repair. That Magna Charta only extends to prevent the
<
lb
>
</
lb
>
Subject, from being compelled to erect new Bridges-Non
<
lb
>
</
lb
>
distringatur
</
p
>
<
p
n
=
"375"
>
B N. Master Burrows in his Report of this Cause says
<
lb
>
</
lb
>
Lord Mansfield come into Court, just after the other three
<
lb
>
</
lb
>
Judges had declared their Opinion & expressed his intire
<
lb
>
</
lb
>
approbation of, art Agreement with them in, it.
</
p
>
</
div1
>
View as Text
Section Navigation
Home
Search
Browse Documents
Lives
Historical Background
About This Project
Copyright & Citation Guide
Contact Us