with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expense of the company." The roadway is part of the bridge which the company by this section are bound to make and maintain (b).-Bridges built by trustees of a turnpike road Turnpike under an Act of Parliament are public bridges which the road bridges. county is bound to repair; and the county may be charged primarily, although the trustees may receive tolls which are applicable to the repair of the road (c). But these bridges are within the above Act of 43 Geo. III., and if built since the Act, they are not chargeable upon the county, unless erected in a substantial manner and to the satisfaction of the county surveyor (d). By 33 & 34 Vict. c. 73, s. 12, "Where a turnpike road shall have become an ordinary highway, all bridges which were previously repaired by the trustees of such turnpike road shall become county bridges and shall be kept in repair accordingly." By the Local Government Act, 51 & 52 Vict. c. 41, s. 3, Transfer of "There shall be transferred to the council of each county bridges to county on and after the appointed day (1 April, 1889, see councils. sect. 109) all business done by the quarter sessions in respect of the several matters following, namely, (inter alia) (viii.) Bridges and roads repairable with bridges, and any powers vested by the Highways Act, 1878, in the county authority."-By sect. 6, "The county council shall have power to purchase or take over on terms to be agreed on, existing bridges not being at present county bridges, and to erect new bridges, and to maintain, repair, and improve any bridges so purchased, taken over, or erected."-And by sect. 11, "every road in a county which is for the time. (b) Bury v. Lancashire & Y. Ry., L. R. 20 Q. B. D. 485; 57 L. J. Q. B. 280. (e) The King v. West Riding, 2 East, 342; The King v. Oxford shire, 4 B. & C. 195. See The (d) The King v. Derbyshire, 3 B. What are county bridges. Approaches to bridges. being a main road, inclusive of every bridge carrying such road, if repairable by the highway authority, shall, after the appointed day, be wholly maintained and repaired by the council of the county; and such council shall have the same powers and be subject to the same duties as a highway board, and may further exercise any powers vested in the council for the purpose of the maintenance and repair of bridges, and the enactments relating to highways and bridges shall apply accordingly" (e). The bridges within the common law liability of the county to repair are such only as carry a highway, whether footway, bridleway, or carriage way, over a river or watercourse; there must be "water flowing in a channel between banks more or less defined, although such channel may be occasionally dry" (f). A causeway over meadows occasionally flooded with water, having culverts at intervals to let the water pass through for the safety of the structure, was held not to be a bridge repairable by the county (g). It is not a necessary condition of a county bridge that it must have parapets (h). By the common law, declared and defined by the Statute of Bridges, 22 Hen. VIII. c. 5, s. 9, it is enacted "that such part of the highways as lie next adjoining to the ends of any bridges distant from any of the said ends by the space of three hundred foot, be made, repaired, and amended, as often as need shall require." The liability of the county to repair extends to the approaches thus defined; and a new bridge, becoming a public bridge, carries with it the same approaches repairable by the county (i). But the liability to repair approaches does not apply to a substantive bridge situate within the limits (j).—The prescriptive liability of a person or corporate body to repair (e) See ante, p. 525. (f) Per cur. The King v. Oxfordshire, 1 B. & Ad. 301. See The King v. Salop, 13 East, 95. (g) The King v. Oxfordshire, supra. (h) The King v. Whitney, 3 Ad. & El. 69. (i) The King v. West Riding, 7 East, 588; 5 Taunt. 284. (j) The King v. Devon, 14 East, 477. a bridge primâ facie includes repair of the approaches within the same limits (). By the Highway Act, 5 & 6 Will. IV. c. 50, s. 21, "If Roadway of bridges. any bridge shall hereafter be built, which shall be liable by law to be repaired by and at the expense of any county or part of any county, then all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic or corporate, or trustees of a turnpike road, who were by law before the erection of the said bridge bound to repair the said highways: provided that nothing herein contained shall extend to exonerate or discharge any county from repairing the walls, banks, or fences of the raised causeways and approaches to any such bridge, or the land. arches thereof." The effect of this enactment is to throw the repair of the surface roadway upon the parish, or other persons by law bound to repair the highway, leaving the repair of the structure upon the county (1). Bridges carrying a public highway over or under a railway are required by the Railway Clauses Act, 1845, "to be executed and maintained at the expense of the company"; and under this enactment the company are bound to repair the roadway, as well as the structure of the bridge (m). A bridge, which is part of a highway, is presumptively Property in bridges. the property of the owner of the soil on which it stands, subject to the public right of free passage ("). But the materials of a public bridge may, by license of the owner of the soil, remain the property of the original owner after building them in, subject to the dedication to public use; so that if afterwards removed or taken to pieces, they revert to him in exclusive possession (0). Where there is no bridge in a highway through a river, Ferry. (k) The Queen v. Lincoln, 8 A. & E. 65. (1) The Queen v. Southampton, L. R. 17 Q. B. D. 424. (m) Bury v. Lancashire & Y. Ry., L. R. 20 Q. B. 485; 57 L. J. Q. B. 280. See ante, p. 534. (n) 2 Co. Inst. 705. (0) Harrison v. Parker, 6 East, 154. See The King v. Bucks, 12 East, 192. And see ante, p. 107. it is a prerogative right of the Crown to grant a public ferry with charge of toll; therefore "no man may set up a common ferry for all passengers without a prescription time out of mind or a charter from the king." The grantee is bound "to give attendance at due times, keep a boat in due order, and take but reasonable toll; for if he fail in these he is fineable" (p).-The building of a bridge in place of a ferry is primâ facie wrongful and actionable, as being a disturbance of the ferry; and the owner of a ferry cannot convert it into a bridge without license of Crown; but the Crown may do so by its prerogative right, and the bridge so erected may become a public bridge, and, as such, repairable by the county (q). § 4. REMEDIES RELATING TO HIGHWAYS. Indictment for non-repair-against surveyor of highways-against Action for non-repair against county or parish-against surveyor— Action for nuisance-special damage-action against surveyor-against Summary remedies for nuisances-penalties for wilful obstruction— encroachment on sides of highway-removal of nuisance. Remedy for The ordinary remedy of the common law for the repair non-repair by indictment; of a highway is by indictment at the suit of the Crown, on behalf of the public collectively, against the inhabitants of the parish, or the person or persons who are liable for the repair. The indictment charges that the road is a highway, the liability to repair, and the want of repair. The judgment upon conviction is a fine; which by statute (p) Hale de J. Maris, Hargrave's Tracts, 6. See ante, p. 514. (2) The King v. Bucks, 12 East, 192; Payne v. Partridge, 1 Show. 255; S. C. Pain v. Patrick, 3 Mod. 294. is to be applied towards the repair and amendment of the highway (a). The proceeding being a criminal one in form, the Court cannot grant a new trial; but the Court may suspend all proceedings upon the judgment, so as to give an opportunity for a fresh indictment to be brought (b). of An indictment for not repairing a highway will not lie against suragainst the parish surveyor of highways, he being a sta- Veyor highway; tutory officer against whom special remedies are provided by the Highway Acts, to the implied exclusion of any other procedure (c). Hence also an indictment for not against highway repairing a highway will not lie against a highway board, authority. or other statutory authority, who merely stand in the place of surveyor of highways, his duties and liabilities being transferred to them by statutes. The indictment must be brought, as at common law, against the parish, or other person or corporate body, who are primarily liable to repair (d). But it is held that an indictment will lie against a local highway authority who dispute their liability under an order for repairs made by the county authority under the Highway Act, 1878, 41 & 42 Vict. c. 77, s. 10 (e). against parish; No proceedings by action can be taken against the Action for inhabitants of a county, or parish, or district, or other non-repair indeterminate body of persons; because of the uncertain county or and fluctuating character of such persons; and because there is no corporate fund out of which satisfaction could be made; and because of the public nature of their duty (ƒ). -Nor can any action for damages for mere non-repair against sur (a) 2 Co. Inst. 701; 5 & 6 Will. IV. c. 50, s. 96. (b) The King v. Wandsworth, 1 B. & Ald. 63; The King v. Sutton, 5 B. & Ad. 52; The Queen v. Duncan, L. R. 7 Q. B. D. 198; 50 L. J. M. 95; per cur. The Queen v. Southampton, L. R. 19 Q. B. D. 599; 56 L. J. M. 118. (c) Per cur. The Queen v. Mayor of Poole, L. R. 19 Q. B. D. 608; (d) The Queen v. Mayor of Poole, (e) The Queen v. Wakefield, L. R. 20 Q. B. D. 810; 57 L. J. M. 52. (f) Russell v. Men of Devon, 2 T. R. 667. veyor; |