"charges to the said surveyors and collectors, as by their discre❝tion shall be thought convenient." Sect. 18. And by 22 Hen. 8. c. 5. s. 9. it is further enacted, Of roads at the "That such part and portion of the highways in every part of ends of bridges. "this realm, as well within franchise as without, as lie next adjoin ing to any ends of any bridges within this realm, 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; "and that the justices of peace in every shire of this realm, franchise, city, or borough, or four of them at the least, whereof one to be of the quorum, within the limits of their commissions "and authorities, may inquire, hear, and determine in their general sessions, all manner of annoyances of and in such highways, so being and lying next adjoining to any ends of bridges "within this realm, distant from any one of the ends of such bridges three hundred foot, and to do in every thing concerning "the making, repairing, and amending such highways, &c. in as large and ample manner as they might and may do to and for the making, repairing, and amending of bridges, by virtue of the " said act." 66 In the construction of this statute, the following opinions have been holden. Sect. 19. FIRST, That no private bridges are within the purview 2 Inst. 701. thereof, but only such as are common in the highways, where all Salk. 359. the king's liege people have or may have passage. 6 Mod. 255, 256. 702. Sect. 20. SECONDLY, That unless the justices of the peace of 2 Inst. 701, a county, or town, &c. be four in number, and one of them of the quorum, they have no manner of jurisdiction by virtue of this statute. Sect. 21. But it is said, that the justices of the peace of the county in which such town, being not a county of itself, and wanting such a number of justices, shall lie, may, by virtue of the first clause of the statute, determine all annoyances of bridges within such town, &c. if it be known what persons in certain are bound to repair the same: but if it be not known, it seems that such annoyances are left to the remedy of the common law, because the clause, which in such case authorizes the justices of the peace to tax all the inhabitants, seems expressly to confine the power of taxing the inhabitants of such towns to their own justices, &c. Sect. 22. THIRDLY, That all householders dwelling in any 2 Inst. 703: county or town, &c. whether they occupy any lands or not; and also all persons who have lands in their own possession or manurance, whether they dwell in the same county, &c. or not; and also all bodies politic, either residing in, or having lands in their own hands in a county, &c. are liable to be taxed as inhabitants, within the meaning of the statute. Sect. 23. FOURTHLY, That the taxation to be made in pursu- 2 Inst. 704. ance of the statute ought to be assessed distinctly on each inha- Vide 1 Keb. bitant, and not on a whole hundred, parish, or town, in general. Sect. 91. 2 Inst. 704. 1 Keble, 68. Vide the next section, where the charges are directed to be paid out of the Sect. 24. FIFTHLY, That all privileges of exemptions and discharges from contribution to the repairs of decayed bridges, whether such exemptions were originally derived from charter or act of parliament, or any other foundation whatsoever, are taken away by the express words of the statute, "That the justices, &c. "shall tax and set every inhabitant." Sect. 25. It hath been questioned, whether a borough which hath no bridge within its own limits, be not liable to contribute to the repairs of a county bridge. 66 + Sect. 26. And by 1 Aune, st. 1. c. 18. to prevent more money being raised than is necessary, and to direct the application of what is raised, it is enacted, "That the justices in sessions shall "have full power, upon due presentment to them made that any "bridge within their respective jurisdictions is out of repair, and "which by them hath usually been or ought to have been re"paired, to assess every town, parish, or place, within their re"spective commissions, in the usual proportions toward the re"pair of bridges, to be levied and collected by the constables, or by such other person or persons as the said justices in sessions "shall direct, and paid by the said collectors to the high con" stables of every hundred, in six days after they shall have re"ceived the same, and the high constables shall in ten days after “the receipt thereof pay,the same to such persons as the said jus"tices shall in sessions appoint to be treasurers of the same (al(a) A certiorari "lowing the said persons not exceeding three-pence in the lies upon an order of justices" pound), to be employed and accounted for according to the concerning a "orders and directions of the said justices for and towards the private bridge," amending of such decayed bridges, and the highways at the end of private statute; "such bridges, as need shall require, which assessments shall be but they ought "levied by distress within ten days after demand; and every conto return the act" stable or other person who shall neglect to assess, collect, or pay their order is "the money as aforesaid, shall forfeit forty shillings, and every founded. Dalt."treasurer that shall pay any money but by the order of the jus504. And it has tices as aforesaid shall forfeit five pounds; and all fines, issues, mined, that this penalties, or forfeitures, upon any presentment or indictment "for not repairing, &c. shall be paid into the hands of the "treasurer for the purposes aforesaid, and not into the exchequer. only to bridges. And all questions concerning the repairs aforesaid shall be dewhere the county is "termined in the same county wherein they lie, and no presentcharged to re “ment or indictment shall be removed by certiorari (a) out of pairs, and that where a private "the county into any other court, except the right of repairing by person or parish" private persons (or by 5 and 6 Will. & Mary, c. 11. the right is charged, the "between parishes) came in question, and on which question inhabitants are admissible witnesses. The general issue may "be pleaded, and this act, and the 22 Hen. 8. may be given, "with any special matter, in evidence, and the plaintiff shall be "liable to pay double costs." pursuant to a upon which been deter. act of Queen Anne extends 5 and 6 Will. 3. c. 11. hath allowed the granting a certiorari. Strange 900. The expense of repairing bridges to be raised by a county rate. + Sect. 27. It is also enacted by 12 Geo. 2. c. 29. s. 13. for the more easy assessing, levying, and collecting the county rates, "That no part of the money to be raised and collected in pursu"ance of this act shall be applied to the repairs of any bridges, "&c. until presentments be made by the respective grand juries, "at "at the assize, great sessions, general gaol delivery, or general or quarter sessions of the peace, held for the county or place, of "the insufficiency, inconveniency, or want of reparation of their "bridges, &c. &c. 66 66 + Sect. 28. Also it is further enacted, s. 14. "That when any Justices may contract for public bridges, ramparts, banks, or cepts, or other works, are the repair of "required to be repaired at the expense of any county or place, bridges. "the justices of the peace at their grand or quarter sessions respectively, or the greater part of them, then and there assem"bled, if they think proper and convenient, after presentment to "be made as aforesaid of the want of reparation of such bridges, "ramparts, banks, or cepts, may contract and agree with any per❝son or persons for rebuilding, repairing, and amending the same, and all other works which are to be repaired and done by "assessment in the respective counties or places, for any term or "terms of years not exceeding seven years at a certain annual sum, payment or allowance for the same; such contractor or "contractors giving sufficient security for the due performance "thereof to the clerk of the peace or other officer of the place respectively; and such justices at their respective general or quarter sessions, shall give public notice of their intention of "contracting as aforesaid; and such contracts shall be made at "the most reasonable price proposed; and all contracts when agreed to, and all orders relating thereto, shall be entered in a "book to be kept by the clerk of the peace or other officer re"spectively for that purpose, and kept among the records of the place, to be from time to time inspected by any of the said jus"tices within the limits of their commissions, and by any person "or persons employed concerning the same without fee or re"ward." 66 66 66 86 to rebuild. Sect. 29. It is also further enacted by 14 Geo. 2. c. 33. Justices may "That the justices of the peace of any county or place, at their purchase the general sessions or general quarter-sessions assembled, or the adjoining land "major part of them, shall have power to purchase of, or agree or contract with any person or persons, bodies politic or cor"porate, for any piece or parcel of land adjoining or near to any "county bridge within the limits of their respective commissions, "for the more commodious enlarging, or convenient rebuilding "of the same; which pieces or parcel of land shall not exceed one acre in the whole for any such bridge, and shall from time "to time be paid for by the respective county treasurers out of any monies raised or to be raised by virtue of 12 Geo. 2. c. 29. "such treasurers being thereunto authorized by orders under the "hands and seals of the justices at sessions, or the major part of Ithem; which lands so purchased shall be conveyed as the said "justices in sessions shall appoint, in trust, for the uses and purposes of enlarging or rebuilding such bridges respectively." 66 66 of Glamorgan + Sect. 30. It hath been determined, that if the justices at Rex v. Justices sessions appoint a committee of twelve magistrates to inspect shire, 5 Term the state of a county bridge, and to make any new contract for Rep. 279. repairing or rebuilding, to be executed by the clerk of the peace, on behalf of the county, and they afterwards make an order, adopting the contract for the rebuilding proposed by the committee, which order is executed by the clerk, and confirmed by the (a) Palm. 374. Dalton, c. 7. (d) 2 Hale, 174. 9 Coke, 87. Cas. 76. 92. (h) H.P.C.146. the justices at a subsequent sessions, the acts of the committee are the acts of the sessions, and the authority given to the committee and exercised by them is good. See further, 43 Geo. S. c. 29. as to mode of obtaining materials for repairs, and 54 Geo. 3. c. 90. and 55 Geo. 3. c. 143. Of Nuisances relating to Public Houses. For the better understanding of nuisances relating to public houses, I shall consider, 1. In what manner they are prevented and restrained by the common law. 2. In what manner by statute. As to the FIRST POINT, viz. In what manner nuisances relating to public houses are prevented and restrained by the common law. Sect. 1. It seems to be agreed, that the keeper of an inn may, by the common law, be indicted and fined, as being guilty of a public nuisance, (a) if he usually harbour thieves, or persons of scandalous reputation, or (b) suffer frequent disorders in his house, or take exorbitant prices, or set (c) up a new inn in a place where there is no manner of need of one, to the hindrance of other ancient and well-governed inns, or (d) keep it in a place in respect of its situation wholly unfit for such a purpose. Sect. 2. And it seems also to be clear, that if one who keeps a common inn, refuse either to receive a traveller as a guest into his house, or to find him victuals, or (e) lodging, upon his tendering him a reasonable (f) price for the same, he is not only liable to render (g) damages for the injury in an action on the case at the suit of the party grieved, but may also be (h) indicted Dalton, c. 7. and fined, at the suit of the king. Also it is said, that he may be (i) 5 E. 4. 2. (k) Palm. 374. compelled by the constable (i) of the town to receive and enterRoll.345,346. tain such a person as his guest, and that it is no way (k) material 8 Co. Caley's whether he have any sign before his door or not, if he make it Blackerby, 169. his common business to entertain passengers. case. Cro. Eliz. 622. Brownlow, 254. Keilw. 50. 11 and 12 Will. 3. c. 15. s. 2. 1 Salk. 388. Moor, 877. 12 Mod. 255. Clayt. 97. Godbolt, 346. Carth. 150. Shower, 268. (1) 2 Roll. Ab. 84, 85. (m) 2 Roll. A. 84. Salk. 45. 2 Roll. 345. Sect. 3. It seems to have been always clearly (1) agreed, that he who has an inn by prescription, may lawfully enlarge it upon the same land which has been used with it, either by erecting new buildings thereon, or turning stables into chambers of entertainment, and that he shall have the same privilege in such new parts of his house as in any of the old. Sect. 4. Also it seems to be (m) settled at this day, that any person may lawfully set up a new inn, unless it be inconvenient to the public in some of the respects taken notice of in the first Palm. 367. 374. section, and that he has no need of any license from the king for this purpose, for the keeping of an inn is no franchise, but a lawful trade, open to every subject. But if an inn degenerate Blackerby, 170. into an alehouse, by suffering disorderly tippling, it shall be 2 Keb. 506. 1 Buls. 109. Salk. 45. Godbolt, 345. Hutton, 100. deemed as such. Cro, Jac. 528. Sect. Sect. 5. But it is said by Dalton, that innkeepers ought to Dalton, 56. have license, and be bound by recognizance, for keeping good 133. 204. order, as alehouse-keepers are. Sect. 6. And by the commission of the peace, two justices, one whereof shall be of the quorum, may inquire of innholders, and of all and singular other persons, who shall offend in the abuse of weights and measures, or in the sale of victuals, against the form of the ordinances in that behalf made. Sect. 7. By 5 and 6 Edw. 6. c. 25. s. 1. 6. and 26 Geo. 2. c. 31. "None shall be admitted or suffered to keep any com"mon alehouse or tippling-house, except in fairs, but such as "shall be allowed in the open sessions, or by two justices of "peace, whereof one to be of the quorum." And upon these clauses the following constructions have been made. Sect. 8. FIRST, that the exception respecting fairs is made from the necessity of accommodating the persons who resort to them, and therefore it seems only to allow the unlicensed sale in the place where the common fair is held, and not in any private house which may be within the limits of the town where such fair is kept, especially where there are licensed alehouses sufficient: and those who shall brew such ale or beer, to be sold by them in fairs, must take care to give notice to the gaugers, that the same may be surveyed; for though they are exempted from taking out a license, they must pay the duties of excise. 1 Burrow, 22. Sect. 9. SECONDLY, That houses at public watering-places, Parker v. Flint, where they take in lodgers and boarders, coming to use the waters 12 Mod. 254. during the season, and dress their victuals, and supply them with ale, beer, and other liquors, and entertain their horses, at so much a day, but sell to no other persons, are not such public houses as require to be licensed. deals in malt or spirituous + Sect. 10. But by 26 Geo. 2. c. 13. s. 11. "No justice of No justice who "the peace, being a common brewer of ale or beer, innkeeper or "distiller, or a seller of or dealer in ale or spirituous liquors, or liquors shall "interested in any of the said trades, or being a victualler or interfere in "maltster, shall be capable, or have any power to grant licenses granting for selling ale or beer, or any other liquors, but the same shall "be void." As to the SECOND POINT, In what manner Public Houses are restrained by statutes. Both the time and mode of licensing public houses, and the regulations to be observed in the conduct of them, are enforced by pecuniary and other penalties, recoverable or inflicted in a summary mode. It is matter which does not fall properly within the range of this work, we therefore refer to Burn's Justice, tit. "Alehouses," where the matter is properly treated and arranged. Some regulations, however, subject by statute to indictment, may properly be mentioned here. Sect. 11. By 12 Edw. 2. c. 6. "No officer in city or in "borough, that by reason of his office ought to keep assizes of "wines and victuals, so long as he is attendant to that office, "shall not merchandize for wines nor victuals, neither in gross licenses. |