of the taking of this inquisition, was not preserved or maintained fit or convenient for horses, waggons and other carriages to pass over, and that a certain common public bridge after the making of the said act, and before the taking of this inquisition, to wit, on, &c. was built and erected by certain persons, then being assignees and nominees of the said mayor, aldermen, and common council, over the said river Avon at the said ford, called Newton's Ford, in the several parishes of Weston,* and Newton's Saint Lee, in the [*601] said county of Somerset, but that the said bridge at the time of the building and erecting thereof, or at any time since, or at the time of the taking of this inquisition, was not fit or convenient for horses, waggons and other carriagess, to pass over. And the jurors aforesaid, upon their oath aforesaid, further present, that the said common public bridge, on, &c. and from thence continually until the day of the taking of this inquisition, was and yet is broken, ruinous, and in decay, for want of the needful reparation and amendment thereof, and during all that time was and yet is over narrow and dangerously steep, by reason whereof the liege subjects of our said lord the king, necessarily going, returning, passing and repassing, upon and over the said common public bridge by themselves, and with horses, waggons and other carriages, during all the time last aforesaid, could not, nor can go, return, pass and repass, upon and over the said common public bridge, so freely, safely and commodiously, as they, during that time of right ought to have done, and still of right ought to do, but during all that time were, and still are greatly straitened, obstructed and incommoded, and in great danger and peril, in going, returning, passing and repassing, upon and over the said common public bridge, to the great damage and common nuisance of all the liege subjects of our said lord the king, upon and over the same bridge going, returning, passing and repassing, and against the peace of our said lord the king, his crown and dignity. And the jurors, &c. further present, that the company of proprietors of the Kennet and Avon canal navigation, Charles Dundas, late of Reading in the county of Berks, esquire, Anthony Bacon, late of the city of Bath esquire, M. C. late of, &c. together with divers other persons to the jurors aforesaid unknown, at the time of the taking of this inquisition, were and are the assignees and nominees of the said mayor, aldermen, and common council of the city of Bath aforesaid, in the said county, to wit, at the parishes aforesaid, in the said county of Somerset. That J. W. late of, &c. on, &c. and continually from that For not time until the day of the taking of the said inquisition, hath repairing been possessed and yet is possessed of a certain messuage near to a a house common or dwelling-house with the appurtenances, situate and being sewer and in K. aforesaid, within the borough aforesaid, and liberty bridge, whereby thereof, and within the jurisdiction of this court, adjoining to danger of a certain bridge called S. B., and upon a certain common house fall- fleet or sewer called P., formerly built (the same bridge* being ing into the king's common highway there,) and that by reason of his on bridge. tenure thereof, he the said J. W. hath been obliged and (z) ought well and sufficiently to repair and maintain the founda[*602] tion of the said messuage or dwelling house, upon the sewer or For not repairing highway within distance of 300 feet from a fleet or sewer aforesaid, nevertheless the said J. W. for all the time aforesaid, hath suffered, and yet suffers the foundation of the said messuage or dwelling-house to lie and continue in great decay and ruin for want of due reparation thereof, by which the said messuage or dwelling-house hath been, and yet is very likely to fall down into the said common fleet and sewer, and in and upon the said bridge, to the great danger of killing the liege men and subjects of the said lord the king, passing, residing and working on, by, over and under the said bridge, and to the no small fear and grievance of them the said liege men and subjects of the said lord the king, to the evil example of others, in such case delinquent, and against the peace, &c. [Commencement as ante 2.] That from time immemorial there was and yet is a common and ancient king's highway, leading from the market town of H. in the west riding of the county of Y. towards and unto the market town of M. in the county Palatine of L. in, through, and over the township of Q. in the west riding of the county of Y. aforesaid, used for bridge. (a) all the liege subjects of the king for themselves, with carriages, &c. to pass, &c. And that a certain part of the said highway, at the said township of Q. in the west riding aforesaid, to wit, a certain part thereof, lying next adjoining the west end of a certain public bridge there, called T. Bridge, and within the distance of 300 feet thereof, beginning at the west end of the said public bridge, and extending from thence westwards, containing in length 45 feet, and in breadth seven yards, and a certain other part thereof, lying next adjoining to the east end of the said bridge, and within the distance of three hundred feet thereof, beginning at the east end of the said bridge, and extending from thence eastwards, containing in length 150 feet, and in breadth seven yards, on, &c. at, &c. was and yet is very ruinous and in decay for want of repair, &c. so that the subjects of the king cannot safely pass; to the common nuisance, &c. against the (z) From 3 Lord Raym. 18. (a) This indictment is from 7 East Rep. 588, where it was holden that the obligation to repair the highway for 300 yards on each side of the bridge, always accompanied the duty of repairing the bridge itself. See ante 589. peace, &c. and against the form of the statutes, &c. And that the inhabitants of the west riding of the county of Y. the said common highway so as aforesaid being in decay, of right ought to repair and amend, when and so often as it [*603] shall be necessary. INDICTMENTS, &c. FOR NOT REPAIRING WA TER COURSES, &c. and corpo water course tain inha [Commencement as ante 2.] That from time whereof Against the memory of man is not to the contrary, there was and still the dean is a certain common and ancient water course commonly call- ration of a ed A. leading from a certain place called the wharf in the pa- city, for rish of B. A. in the county of B. to a certain brew house in suffering a the occupation of one H. D. in the parish of St. A. in the suburbs of the city of O. in the said county of O. used by all which usuthe liege subjects of our said lord the king and his predeces- ally supsors for the time being, inhabiting and residing in and about plied certhe said parish of St. A. to supply them with water for the bitants use and benefit of themselves and their families, and that a withwater, certain part of the said common and ancient water course, and which in they were the parish of St. A. aforesaid, in the suburbs and county bound to of O. aforesaid, containing in length three hundred yards, cleanse, and in breadth eighteen feet, on, &c. and continually after- &c. to be so filthy as wards until the day of the taking of this inquisition, at, &c. to become aforesaid, was and still is foul, filled and choaked up with a public mud, weeds, rubbish, dirt and other filth, whereby the course nuisance. and passage of the water which should and ought, and before (6) that time was used and accustomed to run and flow through the same water course, was, during all the time last aforesaid, and still is so greatly stopped and obstructed,* that the liege [*604] subjects of our said lord the king, inhabiting and residing in and about the said parish of St. A. during all the time last aforesaid, were and still are not only deprived of the benefit and advantage of the water, which, during all the time last (b) See general notes ante 565 to 576. This precedent is from Cro. C. A. 377. Although this indictment probably referred only to a small stream, and the nuisance is charged as affecting persons on its banks, there can be no doubt that a person bound to repair a navigable river, might be indicted for suffering its navigation to be obstructed. A navigable river is indeed, a highway, and may be described as such in the proceed- For suffer to be so fill ed with aforesaid, should, and ought to have run and flowed, and still of right ought to run and flow through the said water course in its usual and accustomed manner, but also the said mud and other filth during all the time last aforesaid, became and were and still are very offensive and nauseous, and the said water thereby greatly corrupted, and by means thereof divers noisome and unwholesome smells on the said thirtieth day of December, in the year aforesaid, and on divers other days and times between that day and the day of the taking of this inquisition at the parish of A. aforesaid, did from thence arise, so that the air thereby was and still is greatly corrupted and infected, to the great damage and common nuisance of all the liege subjects of our said lord the king, not only there residing and inhabiting, but also going, returning, passing and repassing by the same, and against the peace of our said lord the king, his crown and dignity. And that the dean and chapter of the cathedral Church of Christ, of the foundation of lord Henry the eighth, late king of England, and the mayor, bailiffs, and commonalty of the said city of O. in the said county of O. for the time being, the said common and ancient water course so as aforesaid being foul, choaked and filled up as aforesaid, ought to empty, cleanse and scour, and until the said grievance have, from time whereof the memory of man is not the contrary, emptied, cleansed, and scoured, and have used and been accustomed to empty, cleanse, and scour, and still of right ought to empty, cleanse, and scour, when and as often as the same should or shall be necessary; (c) yet the said dean and chapter and the said mayor, bailiffs, and commonalty have not emptied, cleansed, or scoured the same common and ancient watercourse, so being foul, filled and choaked up as aforesaid, as they ought to have done, and still of right ought to do, but during all the time last aforesaid, permitted and suffered, and still do permit and suffer the said water course to be foul, filled and choaked up as aforesaid, for want of emptying, cleansing, and scouring the same. [Commencement as ante 2.] [Northumberland being the ing a port next adjoining county to the town of N. upon T. and county of the same town.] The jurors of our sovereign lord the rocks, king upon their oath* present, That from time whereof, &c. stones, &c. there hath been and still is a certain ancient port commonly as to pre- called the port of N. upon T. used by all the liege subjects vent ships from en- of our said lord the king and his predecessors for the time tering it. being, for the importation and exportation of goods and Against the mayor and bur- (c) This seems to state the lia[*605] bility sufficiently as in case of an indictment against a township for not repairing a way, ante 583, and 587. town cor it in navi gable con merchandizes there; and for the benefit and advantage of gesses of a trade and navigation there, and for the ships, lighters, boats, porate, and other vessels of the liege subjects of our said lord the bound to king, using the said port as aforesaid, safely and securely preserve to pass and repass, and load and unload therein for the purposes aforesaid, and that the said port, on, &c. and from dition. (d) thence continually afterwards, until the day of taking this inquisition in a certain part thereof, containing fourteen hundred yards in length, and four hundred yards in breadth, there called S. situate and being in, &c. aforesaid, being next adjoining the county of N. and in a certain other part thereof, containing 500 yards in length, and 200 yards in breadth, there called the middle ground, situate and being in the said, &c. and in a certain other part thereof, containing 600 yards in length, and 300 yards in breadth, there called I. S. situate and being in the said, &c. was, and still is, foul, filled up, and choaked up with rocks, stones, gravel, sand, and mud, by reason whereof the water which should and ought, and before that time was used and accustomed to run and flow into and through the said port, and filled, and rendered the said port in those parts thereof, deep, commodious, and safe, for the aforesaid ships, lighters, boats, and other vessels, to pass and repass, and load and unload therein, for the importation and exportation of goods and merchandizes there, and for the benefit and advantage of trade and navigation there, was, during all the time aforesaid, and still is so greatly stopped and obstructed, and turned and confined in such narrow, winding and irregular channels, that the said port in those parts thereof became, and during all the time aforesaid was, and still is, narrow, shallow, dangerous and wholly unfit for the purposes aforesaid, so that the liege subjects of our said lord the king could not, during all the time aforesaid, nor yet can use the said port for the exportation or importation of goods and ́merchandizes there, or for the benefit and advantage of trade and navigation there, without the most imminent hazard of damaging their ships, lighters, boats, or other vessels, or the goods and merchandizes laden on board thereof, to the great damage and common nuisance of all the liege subjects of our said lord the king,*using the said port as aforesaid, and against [*606] the peace of our said lord the king, his crown and dignity. And that the mayor and burgesses of the town of N. upon T. aforesaid, in the county of the town of N. upon T. aforesaid, for the time being, ought to repair, cleanse, and main (d) This precedent is from Hands' practice, 394. It consists there of 12 counts, which differ only slightly Crim. Law. from the one given. See notes to VOL. III. F |