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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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1769
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October.
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Mr.
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Soll. Generals
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Opinion}
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If it could shown that Mr. W. was antecedently obliged to contribute to the
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Repair of this Bridge by repairing his Warf, the Act of the Justice in 1724 would
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not discharge him, but I see nothing in this case to charge Mr. W. with any
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Obligation to repair or even to continue his ground in the Form of wharf agst.
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his will - There may be Cases of Public wharfs where all the Kings Subjects
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have a right to land their goods paying certain Rates of Wharfage and the Owner
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of
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the Wharf
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in consideration of those Payments is compellable to keep it in
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repair, but this for anything that appears is private property from the use of
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which the Owner may exclude whom he pleases or admit them upon what Terms
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he pleases; and the his ancestors might think it their Interest to make a wharf
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of it, which from its situation whilst it was kept in repair affored protection to
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the Bridge
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below, their Voluntary Repairs for the sake of their own Property and
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not of
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the Bridge
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, tho
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the Bridge
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was accidentally benefitted by it, will not
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Oblige him to continue to repair, if it is no longer his Interest or Inclination
<
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so to do - I am of Opinion therefore that the obligation which is Admitted to lie
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on the Counties to repair
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the Bridge
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extends to every thing necessary for its
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preservation and that if the wharf in the Condition it is will not protect the
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Bridge
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as it has done, it behoves the Justices to take some other Means of
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preventing the mischief it is threatened with at he County Expence.
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J. Dunning,
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Lincolns Inn
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15th. Novr. 1769
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.
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