4. Dedication. The dedication of bridges depends upon the same principles as the dedi cation of highways, except that their accept ance will not be presumed from mere use, until they are proved to be of public utility. Angell, High. 111; 5 Burr. 2594; 2 W. Blackst. 685 ; 2 East, 342 ; 2 N. H. 513 ; 18 Pick. Mass. 312 ; 23 Wend. N. Y. 466; 6 Mass. 458 ; 13 East, 220 ; 3 Maule & S. 526.
See HIGHWAYS.
Reparation. At common law, all public bridges are prima facie reparable by the inhabitants of the county, without distinction of foot, horse, or carriage bridges, unless they can show that others are bound to repair par ticular bridges. 5 Burr. 2594; 13 East, 95 ; 14 Eng. L. & Eq. 116 ; Bacon, Abr. Bridges, p.533. In this country, the common law not prevailing, the duty of repair is imposed by statute, generally, upon towns or counties, 9 Conn. 32 ; 10 id. 329 ; 2 N. H. 513 ; 12 N. Y. 52 ; 2 Ind. 147 ; 18 Penn. St. 66 ; 6 Ill. 567 ; 15 Vt. 438 ; 3 Ired. No. C. 402 ; 13 Pick. Mass. 60 ; except that bridges owned by cor porations or individuals are repairable by their proprietors, 4 Pick. Mass. 341 ; 9 id. 142; 1 Spenc. N. J. 323 ; 6 Johns. N. Y. 90 ; 24 Conn. 491 ; and that where the necessity for a bridge is created by the act of an individual or corpo ration in cutting a canal, ditch., or railway through a highway, it is the duty of the au thor of such necessity to make and repair'the bridge. 6 'Mass. 458 ; 23 Wend. N. Y. 466 ; 14 id. 58 ; 6 Hill, N. Y. 516 ; Woolrych, Ways, 202. The parties chargeable must constantly keep the bridge in such repair as will make it safe and convenient for the ser vice for which it is required. Hawkins, Pl. Cr. c. 77, s. 1: 9 Dan. Ky. 403 ; 6 Johns. N. Y. 189; 1 Aik. Vt. 74 ; 8 V* 189; 6 id. 496; 23 Wend. N. Y. 254.
5. Remedies for nom-reparation. If the par ties chargeable with the duty of repairing neglect so to do, they are liable to indictment. Hawkins, Pl. Cr. c. 77, s. 1; Angell, High. 275; 1 Hill, N. Y. 50; 28 N. H. 195; 6 Hill, N. Y. 516; 9 Pick. Mass. •142; 3 Ired. No. C. 411. It has also been held that they may be compelled to repair by mandamus. 5 Call.
Va. 548, 556 ; 1 Hill, N. Y. 50 ; 14 B. 92 ; 3 Zabr. •N. J. 214. But see 12 Ad. & E. 427 ; 3 Campb. 222. If a corpora tion be charged with thercluty by charter, they may be proceeded against by quo warrant° for the forfeiture of their franchise, 23 Wend. N. Y. 254 ; or by action on the case for dam ages in favor of any person specially injured by reason of their neglect. 1 Spenc. N. J. 323 ; 18 Conn. 32 ; 6 Johns. N. Y. 90; 6 Vt. 496; 6 N. H. 147 ; 4 Pick. Mass. 341. And in this country a similar action is given by statute, in many states, against public bodies chargeable with repair. 14 Conn. 475 ; 3 Harr. N. J. 3 08 ; 10 N. H. 173 ; Angell, High. 286 et seq.
6. Tolls. The law of travel upon bridges is the same as upon highways, except when Lardened by tolls. See HIGHWAY. The pay ment of tolls can be lawfully enforced only at the gate or toll-house. 15 Mc. 402. Where by the charter of a bridge company certain persons are exempted from payment, such exemption is to be liberally construed. 10 Johns. N. Y. 467 ; 7 Cow. N.Y. 33; 2 Murph. No. C. 372; 2 Cow. N. Y. 419; 4 Rich, Eq. So. C. 459.
Bridges, When owned by individuals, are real estate, 4 Watts, Penn. 341; 1 R. I. 165; and also when owned by the public: yet the freehold of the soil is in its original owner. Coke, 2d Inst. 705. The materials of they are formed belong to the parties who furnished them, subject to the public right of passage. 6 East, 154; 6 Serg. & R. Penn. 229.
A private bridge is one erected for the use of one or more private persons. Such a bridge will not be considered a public bridge although it may be occasionally used by the public. 12 East, 203-4; 3 Sandf. Ch. N. Y. 625 ; 1 Rolle, Abr. 368, Bridges, pl. 2. The builder of a private bridge over a private way is not indictable for 'neglect to repair though it be generally used by the public. 3 Hawks, Tenn. 193. See 7 Pick. Mass. 344; 1 id. 432 ; 11 Pet. 539 ; 6 Hill, N. Y. 516; 23 Wend. N. Y. 466; 4 Johns. Ch. N. Y. 150.