BRIDGES are of two classes, public and private. Public bridges may be con sidered either as county bridges or as highways, although the principle of that distinction does not seem very clear. Every county bridge is a highway, inas much as it is a bridge over which a high way passes ; it is therefore in that respect strictly a highway : so also is every other public bridge over which a high way passes. The usual distinction drawn between them is derived from the nature of the space over which the bridge gives a passage. A county bridge, or, in other words, a bridge which the county is bound to repair, is usually defined to be "a common and public building over a river or water flowing in a channel, more or less definite ; whether such river or channel is occasionally dry or not." This is evidently a very loose definition, for it does not prescribe the width of the river, or the nature of its channel ; but it seems clear that a county bridge must pass over a water, as the county would certainly not be bound to repair a bridge erected across a ravine, or over an ancient road crossed by a new road, having no reference to water. A county bridge may be either a foot, horse, or carriage bridge. A private bridge is any bridge which does not answer the description of a county bridge or a public highway. It is subject to no other laws than the general laws of property.
The liability to repair a county bridge depends either on the common law or on the statute law. By the common law the expense of maintaining both county bridges and highways is to be defrayed by the public, this having been part of the trinoda necessitas to which every man's estate was formerly subject. [Tax/tone NEccssires.] But the burden of repair of county bridges is thrown on the whole county, that of highways on the inhabit ants of the parish wherein such highways lie. Prima fade, therefore, by the com mon law the whole county is liable to repair a county bridge ; but they may rebut this presumptive liability by show ing that for some reason or other the burden has been shifted from them on another. They may either show that a hundred, or a parish, or some other known portion of a county is by custom chargeable with the repair of a bridge erected within it; or that some person, ndividual or corporate, is liable to that expense. In the case of private indivi duals, such liability may depend either on tenure; that is, by reason that they and those whose estate they have in the lands or tenements are liable in respect thereof;—or on prescription. In the
case of corporate bodies, on prescrip tion only. With regard to corporate bodies, Lord Coke says, " If a bishop or prior, &c. bath at once or twice of almes repaired a bridge, it bindeth not (and yet is evidence against him, until he prove the contrary) ; but if time out of mind they and their predecessors have repaired it of almes, this shall bind them to it." (2 Inst. 700.) Any bridge answering the definition above given of a county bridge may become a charge upon the county even though not originally built by the county ; as, for instance, if it be built by the crown or by a private individual : but not every bridge which answers the above definition is therefore chargeable to the county for repair, unless it be also used by and useful to the public. The public use and benefit seem to be the cri terion: and if a private individual build a bridge of any sort, which is princi pally for his own benefit and only col laterally of benefit to others, he will be liable to the repair, and not the public : but where the public derive the principal benefit, they must sustain the burden of repairing it, on the ground that it would greatly discourage public-spirited persons from erecting useful bridges if they were ever after to be burdened with the costs of repair. The county are even liable to the repair of a public bridge erected by com missioners under an act of parliament, even though the commissioners are empowered to raise tolls in order to support it, or though other funds are provided for the repairs ; unless there be a special provision for exonerating them from the common law liability, or transferring it to others. This common law liability of a county to repair a public bridge is so strong, that although it has been erected and constantly repaired by trustees under an act of par liament, and although there are funds for the repairs, the county are still liable to repair it. And where trustees under a turnpike act build a bridge across a stream, where a culvert would have been sufficient, but a bridge was better for the public, it was held that the county could not refuse to repair such bridge on the ground that it was not absolutely ne cessary.