Power to consent to turnpike bill by affidavit. -By Stat. 3 Geo. 4. c. 126. s. 151, It is enacted, That all persons concerned or interested in any bill for making or repairing any turnpike road, or for widening or diverting such road, may signify their consent to the same by affidavit, taken and authenticated according to the form hereinafter prescribed, unless the committee of either House of Parliament to whom such bill, or the petition of such bill shall be referred, shall otherwise order.

And by Section 152, It shall be lawful for any one or more justice or justices of the peace, or master or masters extraordinary in Chancery, to take affidavits on oath or affirmation (which oath or affirmation such justice or justices, or master or masters extraordinary in Chancery, is and are hereby authorized and empowered to administer) of the answers that may be given by the owners and occupiers of lands, on applications made to them for their consent to such bills; and every affidavit shall be in the form following, as near as the circumstances of the case will admit:

A. B. of, maketh oath, and saith, that he did apply to C. D., who he believes to be the owner of [set out the property) being part of the lands through which the intended turnpike road from E. to F. is to be carried, [or the alteration to be made as the case may be,] and that he received from such owners the answers set forth in the paper hereunto annexed.

(Signed) A. B.

Sworn [or, solemnly affirmed before me [as in the other forms hereinbefore set forth.]

And no such affidavit as aforesaid shall be subject or liable to any stamp duty now payable by any Act or Acts of Parliament, or which shall hereafter be imposed, unless specially named and made subject thereto by the Act or Acts of Parliament imposing the same.

By Section 153, Proof of the hand-writing of any justice of the peace, or master extraordinary in Chancery, before whom any such affidavit shall be made as aforesaid, shall be sufficient evidence of the signature of such justice or master extraordinary before any committee of either House of Parliament, without any witness being produced who was present at the time when such affidavit was made, and without a witness being produced to prove that such justice of the peace, or master extraordinary in Chancery, before whom such affidavit was made, was, at the time of making such affidavit, a justice of peace or master extraordinary in Chancery.

Forms of proceedings, &c. -By Stat. 3 Geo. 4. c. 126. s. 148, It is enacted, That the forms of proceeding relative to the several matters contained in this Act, which are set forth and expressed in the Schedule hereunto annexed, may be used upon all occasions, with such additions and variations only as may be necessary to adapt them to the particular exigencies of the case, and that no objection shall be made or advantage taken for want of form in any such proceedings by any person or persons whomsoever.

Penalties, forfeitures, &c. As to the mode of enforcing the payment of penalties, forfeitures, &c., and the application of the money received thereby, I must refer to the Sixth Chapter of this Treatise, Section III.

Power to consent to turnpike bill by affidavit. -By Stat. 3 Geo. 4. c. 126. s. 151, It is enacted, That all persons concerned or interested in any bill for making or repairing any turnpike road, or for widening or diverting such road, may signify their consent to the same by affidavit, taken and authenticated according to the form hereinafter prescribed, unless the committee of either House of Parliament to whom such bill, or the petition of such bill shall be referred, shall otherwise order.

And by Section 152, It shall be lawful for any one or more justice or justices of the peace, or master or masters extraordinary in Chancery, to take affidavits on oath or affirmation (which oath or affirmation such justice or justices, or master or masters extraordinary in Chancery, is and are hereby authorized and empowered to administer) of the answers that may be given by the owners and occupiers of lands, on applications made to them for their consent to such bills; and every affidavit shall be in the form following, as near as the circumstances of the case will admit:

A. B. of, maketh oath, and saith, that he did apply to C. D., who he believes to be the owner of [set out the property) being part of the lands through which the intended turnpike road from E. to F. is to be carried, [or the alteration to be made as the case may be,] and that he received from such owners the answers set forth in the paper hereunto annexed.

(Signed) A. B.

Sworn [or, solemnly affirmed before me [as in the other forms hereinbefore set forth.]

And no such affidavit as aforesaid shall be subject or liable to any stamp duty now payable by any Act or Acts of Parliament, or which shall hereafter be imposed, unless specially named and made subject thereto by the Act or Acts of Parliament imposing the same.

By Section 153, Proof of the hand-writing of any justice of the peace, or master extraordinary in Chancery, before whom any such affidavit shall be made as aforesaid, shall be sufficient evidence of the signature of such justice or master extraordinary before any committee of either House of Parliament, without any witness being produced who was present at the time when such affidavit was made, and without a witness being produced to prove that such justice of the peace, or master extraordinary in Chancery, before whom such affidavit was made, was, at the time of making such affidavit, a justice of peace or master extraordinary in Chancery.

Forms of proceedings, &c.-By Stat. 3 Geo. 4. c. 126. s. 148, It is enacted, That the forms of proceeding relative to the several matters contained in this Act, which are set forth and expressed in the Schedule hereunto annexed, may be used upon all occasions, with such additions and variations only as may be necessary to adapt them to the particular exigencies of the case, and that no objection shall be made or advantage taken for want of form in any such proceedings by any person or persons whomsoever.

Penalties, forfeitures, &c.-As to the mode of enforcing the payment of penalties, forfeitures, &c., and the application of the money received thereby, I must refer to the Sixth Chapter of this Treatise, Section III.

Appeal. In the same division of the Sixth Chapter will also be noticed the power of appeal, which is afforded by the Legislature to persons aggrieved by any thing done under colour of the Turnpike Acts.

SECTION III.

The law of repair, as it regards public bridges.

It is been already stated, in the First Chapter, that a public bridge is a highway (a). And it follows, therefore, that those principles of the common law, which relate to highways in general, are alike applicable to public bridges. But although the principles are the same, yet, from a difference in the nature of the respective objects of their operation, their reduction to practice in the one case varies from that in the other; especially in two points, viz. as to the evidence necessary to establish the public nature of a bridge or of a common highway, and as to the burthen of their repair. I shall accordingly proceed to consider 1st, The nature of a public bridge; and 2dly, The liability to keep it in repair. The former of these subjects should, in strictness of arrangement, have been discussed when we were reviewing the law as to the nature and origin of highways in general: but it appears preferable, for practical purposes, to treat of the whole law of bridges, as far as it is distinct from that of other highways, under one connected view.

FIRST. As to the nature of a public bridge.

A common way may, with the consent of the proprietor, be at once subjected to general user, without any antecedent