The first statute on this subject is the 22 Henry VIII. c. 5, called "the Statute of Bridges." This statute is merely in affirmance of the common law. In course of time, owing to the indistinctness of the principle on which public bridges were divided into county bridges and highways, it was found expedient to pass an act to clear up the doubts and difficulties arising from this principle. In order, therefore, to ascertain more clearly the description of bridges hereafter to be erected, which inhabitants of counties shall and may be bound or liable to repair and maintain, it is enacted by stat. 43 Geo. III. c. 59, § 5, that no bridge hereafter to be erected in any county at the expense of any individual or private person, body politic or corporate, shall be deemed to be a country bridge, unless it shall be erected in a substantial and commodious manner under the direction or to the satisfaction of the county surveyor, or person appointed by the justices of the peace at quarter-sessions to superintend and inspect the work. This act applies only to bridges newly built, and not to those repaired or widened.
It was found in very early times that many practical difficulties arose from the indistinctness of the common law as to the precise limits of a bridge—that is to say, as to the precise point where it ceased to be a bridge and be to be a high way; and vice versa. This indistinctness gave rise to many disputes about the lia bility to repair, and it was found expe dient to enact, by stat. 22 Henry VIII. c. 5, 9, that such part and portion of the highways as lie next adjoining to the ends of any bridges within this realm, distant from any of the said ends by the space of 300 feet, be made, repaired, and amended as often as need shall require; and that the justices of the peace should act respecting the repairs of such high ways as they were empowered to act respecting the bridges themselves. The effect of this statute was merely to limit or fix the length of road which the county was to repair at 300 feet. By the com mon law the county was bound to repair the roadway at the end of every county bridge, but the length was not precisely determined till the passing of the above statute.
But this liability of the county has been very much narrowed by the stat. 5 and 6 Will. IV. c. 50, § 21 (the Gene ral Highway Act), which, with respect to bridges to be built after the 20th of March, A.D. 1836, enacts, "that if any bridge shall hereafter be built, which bridge shall be liable by law to be repaired by and at the expense of any county, or part of any county, then and in such case 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 : pro vided, nevertheless, that nothing herein contained shall extend to exonerate any county or part of any county from repair ing the walls, banks, or fences of the raised causeways and raised approaches to any such bridge or the land arches thereto." Till late years, no persons could be compelled to build or to contribute to the building of any new bridge, except by act of parliament ; and even when the county was bound to repair a bridge, it was not therefore bound to widen it.
Nor could the inhabitants of a county by their own authority change the situation of a bridge. But by the stats. 14 Geo. II. c. 33, § 1, and 43 Geo. III. c. 59, § 2, the justices in quarter-sessions are enabled to compel the county to widen or change the situation of old bridges, or build new ones. (See also 54 Geo. III. c. 90, which extends some of the provi sions of those statutes.) With respect to the appointment of surveyors of county bridges, their duties and powers, and the modes in which such powers are to be exercised, see stats. 22 Hen. VIII. C. 5, § 4 ; 43 Geo. III. c. 59 (coupled with stat. 5 & 6 Will. IV. c. 50) ; 54 Geo. III. c. 90; 55 Geo. III. c. 143. The various provisions of these statutes are very numerous.
For the mode of taxing and collecting the moneys necessary for the repairs of bridges and the highways at the ends thereof, see stat. 22 Hen. VIII. c. 5.; Anne 1. stat I, c. 18 ; 12 Geo. II c. 29 ; 52 Geo. III. c. 110; 55 Geo. III. c. 143.
In case of non•repair or nuisances, either to bridges or highways, the modes of prosecution are the same: namely, by criminal information, presentment, or in dictment. Generally speaking, an action cannot be maintained against the county by an individual for the non-repair of a county bridge, unless in some cases of special damage accruing to such indivi dual from the non-repair.
A criminal information is very rarely resorted to, and only in cases of either very aggravated neglect, or where there seems to be little chance of obtaining justice by preferring an indictment.
The presentment of a public bridge for non-repairs, &c. may by common law be before the King's Bench or at the As sizes. By the stat. 22 Hen. VIII. c. 5, § 1, presentments may be made before the justices in general sessions, and they may proceed therein in the same manner as the judges of the King's Bench were in the habit of doing, "or as it should seem by their directions to be necessary and convenient for the speedy amendment of such bridges." See also for minor regu lations respecting presentments, 1 Anne, seas. 1, c. 18; 12 Geo. II. c. 29, § 13 • 55 Geo. III. c. 143, § 5.
The indictment of a county bridge is subject to the same rules as any other in dictment. And though the whole county be liable to the repairs, any particular inhabitant of a county, or tenant of land charged to the repairs of a bridge, may be made defendant to an indictment for not repairing it. and be liable to pay the whole fine assessed by the court for the default of repairs, and shall be put to his remedy at law for a contribution from those who are bound to pay a proportion able share in the charge.
The malicious destruction or damaging of public bridges is said to be punishable as a misdemeanour at common law, since it is a nuisance to all the king's subjects. By 7 & 8 Geo. IV. c. 30, § 13, it is enacted, " that if any person shall fully and maliciously pull down or in anywise destroy any public bridge, or do any injury with intent, and so as thereby to render such bridge, or any part thereof, dangerous or impaable, every such offender shall be guilty of felony." For further , see Lord Coke's Second Inst. ; Burn's Justice ;' Russell ' On Crimes. For the law of bridges, viewed as highways, see WAYS.