1 said county of Worcester, was and yet is so broken, ruinous, and in decay, that the lieges and subjects of our said lord the now king upon and over the same other part of the said bridge, which lies and is situate in the said parish of Tenbury in the county of Worcester aforesaid, with their horses, coaches, carts and carriages cannot go, return, ride, and labour as they ought, and from time whereof the memory of man is not to the contrary, were accustomed to do; to the great and common nuisance of all the lieges and subjects of our said lord the king, upon and over the same part of the said bridge lying and being in the said parish of Tenbury, in the county of Worcester aforesaid, with their horses, coaches, carts and carriages, going, returning, riding and labouring, and against the peace of our said lord the king, his crown, [*596] and dignity, &c. And that the said bridge is without any city and town corporate: and that it cannot be known and proved, what hundred, riding, wapentake, city, borough, town, or parish, or person certain body politic, ought of right to make the said bridge; and that the inhabitants of the county of Salop aforesaid, the said one part of the said bridge which lies and is situate in the said parish of Burford in the said county of Salop, according to the form of the statute in such case made and provided, ought to make. And that the inhabitants of the county of Worcester aforesaid, the said other part of the said bridge which lies and is situate in the said parish of Tenbury in the said county of Worcester, according to the form of the statute aforesaid ought to make. Yet the said inhabitants of the county of Worcester aforesaid, the said other part of the said bridge lying and being in the said parish of Tenbury, in the said county of Worcester have not made, but the said other part of the said bridge lying and being in the said parish of Tenbury in the said county of Worcester, from the said, &c. until the day of the taking of this inquisition at the said parish of Tenbury in the said county of Worcester, have permitted and yet do permit to remain broken, ruinous and in decay, to the great and common nuisance of all the lieges and subjects of our said lord the king, upon and over the said other part of the said bridge lying and being in the parish of Tenbury aforesaid, in the the said county of Worcester, with their horses, coaches, carts, and carriages, going, returning, and labouring, and against the peace, &c. Indictment against county for not main taining and wid ening a public That there is a certain common public bridge called B. bridge, situate upon the river E. at the parish of T. in the said county of C., in the king's common highway, leading from the village of A. in the county of C. towards and unto the market town of I. in the said county, used for all the liege subjects of our said lord the now king and his prede and keep sufficient height. (7) [*597] cessors, by themselves and with their horses, coaches, carts, bridge, and carriages, to go, return, pass, ride, and travel upon ing of the and over at their will and pleasure, freely and safely, with- battleout any obstruction, hindrance, or impediment whatsoever; ments of and that the said common public bridge, on, &c. and continually afterwards until the day of the taking of this inquisition, was and yet is broken, ruinous, and in decay for want of due reparation and amendment of the same, and the said common public bridge during all the time last-mentioned was and yet is over narrow, and the battlements of the same bridge were not, nor yet are of a sufficient height to guard and preserve the said subjects of our said lord the king, passing, riding, and travelling upon and over the said bridge, from going and falling over the said battlements into the said river E., by reason whereof the said liege subjects of our said lord the king, necessarily going, returning, passing, riding and travelling upon and over the said common public bridge by themselves, and with their horses, coaches, carts, and carriages during all the time last-mentioned, could not nor yet can go, return, pass, ride and travel upon and over the said common public bridge, so freely and safely as they ought to do; but were and yet are greatly obstructed, stopped, and hindered in the going, returning, passing, riding and travelling upon and over the same common public bridge, and during all the time aforesaid, were and yet are in great peril, hazard, and danger of going, riding and falling over the said battlements of the said common public bridge into the said river E., and of being there suffocated, drowned, and killed in the same, and of losing and spoiling their goods and wares, to the great damage and common nuisance of all the liege subjects of our said lord the king, upon and over the said common public bridge going, returning, passing, riding and travelling, against the form of the statutes in that case made and provided, and against the peace, &c. and that the inhabitants of the county of C. of right ought to repair and amend the said common public bridge so as aforesaid being broken, ruinous, over narrow, and in decay, and the battlements thereof not being of a suf (4) This indictment will be found in 3 B. and P. 354., 6 T. R. 194, where an objection was taken that the narrowness of a bridge could not subject the county, district, or person bound to repair to any prosecution, but it was holden, that as the objection was made after verdict, the discussion could not be entertained, as the jury must be Crim. Law. taken to have intended that the E county Present ficient height, and to make the same safe and secure for the said subjects whenever and as often as it becomes necessary. bridge at a quarter That at a general quarter sessions of the peace of our lord sessions, the king, holden at C. for the said county, on, &c. before which the the reverend G. P. clerk, W. B. and W. P. esquires, and ought to others justices of our said lord the king assigned to keep repair. (r) the peace of our said lord the king in and for the said county, and also to hear and determine divers felonies, trespasses and misdemeanours, committed within the said county, it is presented by the oath of J. M., &c. [the name of the grand jurors,] good and lawful men of the said county, then [*598] and there sworn and charged to enquire for our said lord the king, and the body of the said county, as followeth, that is to say, G. aforesaid; the jurors for our sovereign lord the king upon their oath present, that a certain bridge over the river T., commonly called G. bridge, lying and being in the several parishes of L. and M. in the said county of G. in the king's common highway, there leading from the market town of T. in the county of G., to the market town of K. in the county of G. for and during twenty years last past, being a common king's highway for all the liege subjects of our said lord the king, with their horses, carts, and carriages, to go, pass, ride and travel at their pleasure, on, &c. was and continually from thenceforth hitherto hath been and still is in great decay, broken down and ruinous, so that the liege subjects of our said lord the king, upon or over the said bridge, with their horses, carts, and carriages, could not and cannot go, pass, ride and travel, without great danger, to the grievous damage and nuisance of all the liege subjects of our said lord the king, upon and over the said bridge going, passing, riding and travelling, against the peace, &c., and that the inhabitants of the county of G. aforesaid, the common bridge aforesaid, (so as aforesaid being in decay,) ought to repair and amend when and so often as it shall be necessary. (s) And the jurors aforesaid, on their oath aforesaid, further present, that a certain other public bridge over the river T., commonly called G. bridge, lying and being in the said county of G. in the said king's highway, leading from the said market town of in the said county of G., to the said market town of L. in the said county of C., at the several times hereinafter mentioned, and now being a common king's highway for all the liege subjects of our said lord the king, with their horses, carts and carriages, to go, pass, ride and travel without great danger, to the grievous damage and nuisance of all the liege subjects (r) See other precedents, 6 Wentw. 427. Burn. J. Bridges. (s) In case of a presentment it does not seem necessary to state who ought to repair, Andr. 285. Indict individual which he against a tione of our said lord the king, upon and over the said bridge going, passing, riding and travelling, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, on their oath aforesaid, further present, that the inhabitants of the said county of G., the said lastmentioned public and common bridge, (so as last aforesaid being in decay, broken down and ruinous,) ought to repair and amend when and so often as it shall be necessary. [Same as the indictment ante 59 3, 4, to the words "crown ment aand dignity," and then conclude as follows.] And that A. B. gainst an late of esquire, by reason of his tenure of certain for not relands, situate, lying,* and being in the parish of —, in pairing a the said county of —, during all the time aforesaid, was and bridge still is bound to repair and amend the said common bridge, ought to as often and whenever it hath been and shall be necessary. do, ratione [Commencement as ante 2.] That there is, and from time tenure.(t) whereof the memory of man is not to the contrary there [*599] hath been a certain public and common bridge, in the parish of The like G. in the said county of S., over the river W., commonly callprivate ined E. bridge, situate in the king's common highway, leading dividual, from the town of G. in the said county of S., to the town of bound raF. in the same county, for all the liege subjects of our said tenure to lord the king and his predecessors, to go, return, ride and repair, for travel on horseback, and with their cattle, carts and carriages, suffering a upon, along and over, at their will and pleasure; and that bridge to decay. (u) the said public and common bridge, on, &c. and from thence First continually afterwards, until the day of taking this inquisi- Count, for tion, was and yet is, ruinous, in decay, and out of repair, permitt and insufficient, and without any parapet building, erection, ing bridge to or defence whatever, on the sides thereof, to prevent horses be out of and other cattle, carts and carriages, going, returning, pass- repair, and ing and travelling upon, along and over the said bridge, from unsafe. falling from thence into the said river, so that the liege subjects of our said lord the king could not during all the time last above-mentioned, nor yet can go, return, ride, and travel upon, along and over the said bridge without great danger of their lives, and loss of their horses and other cattle, carts and carriages, to the great damage and common nuisance of all the liege subjects of our said lord the king, going and returning, riding and travelling, upon, along and over the said bridge, and against the peace, &c. And that T. M. M. late of, &c. esquire, by reason of the tenure of his manor of G., in the said county, (x) ought, when and as often as it shall be necessary, to repair and amend the said bridge, and (t) See other precedents, 4 Wentw. 188. 2 Starkie, 675. Wentw. 178, 188. 2 Starkie, 375. and ante 587, and as to the necessary allegations, ante 592. (*) See other precedents, 4 (x) The words "the" and "manor" seem incorrect. See ante 592, 571, 2. Second count, for leaving the parapet wall so that the passage is danger. ous. to make the same sufficient, safe, and secure, so that the liege subjects of our said lord the king may pass, repass, ride and travel upon, along and over the said bridge, without danger of their lives, or loss of their horses, and other cattle, carts and carriages. And the jurors, &c. do further present, that there now is, and from time whereof the memory of man is not to the contrary, there hath been a certain other public and common bridge in the said parish of G. in the said county of prostrate, S., over the river W., commonly called E. bridge,* situate in the king's common highway, leading from the town of G. in the said county of S., to the town of F. in the same county, for all the liege subjects of our said lord the king and his [*600] predecessors, to go, return, ride and travel on horseback, and with their cattle, carts and carriages, upon, along and over at their will and pleasure, and that the said last-mentioned public and common bridge, on the said, &c. and from thence continually afterwards, until the day of taking this inquisition, was and yet is insufficient and without any parapet building, erection, or defence whatsoever, on the sides thereof, to prevent horses and other cattle, carts and other carriages, going, returning, passing and travelling, upon, along and over the said bridge, from falling from thence into the said river, so that the liege subjects of our said lord the king could not during the time last above-mentioned, nor yet can go, return, ride and travel, upon, along and over the said bridge, without great danger of their lives, and loss of their horses and other cattle, carts and carriages, to the great damage, &c. [as in first count to the end.] Against the assign ees of a corporation for not repairing a public bridge built in lieu of a Somersetshire. That by a certain act of parliament, entitled "An act for making the river Avon, in the counties of Somerset and Gloucester, navigable from the city of Rath to or near Hanham's mills," made in the year 1711, it was, among other things enacted, that the mayor, aldermen, and common council of the city of Bath, in the county of Somerset, their successors, assigns and nominees, should preserve and maintain the ford, called Newton's Ford, as it then was fit and convenient for horses, waggons and other carriages to which cor- pass over, or else to build and erect at their own proper costs poration and expences, a bridge over the said river Avon, at or near the ought to said Newton's Ford, fit and convenient for horses, waggons preserve. and other carriages to pass over, and keep the same in repair, and other (૫) as by the record of the said act of parliament, now remaining among the rolls of parliament, more fully and at large. appears. And the jurors, &c. further present, that the said ford called Newton's Ford after the making of the said act of parliament, and for a long time before, and until the time ford, (y) This was an indictment found A. D. 1814. |