Taylor v -
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | High Court |
English Reports Citation: 92 E.R. 29
COURTS OF KING'S BENCH AND COMMON PLEAS
regina vers. sir john bucknall. A man cannot be charged with the repairs of a bridge merely because he is lord of a particular manor. S. C. 7 Mod. 54. Holt 128. If a man who is bound to repair a bridge in respect of certain lands, aliens any part of that land, an information may be exhibited against such alienee (alone) whenever the bridge is out of repair. S. C. 6 Mod. 150. 7 Mod. 98. An information was exhibited against the defendant, for that, that he and all the lords of the manor of D. have time whereof, &c. been obliged to repair a bridge, &c. which was out of repair, &c. Upon not guilty pleaded, and trial before Holt Chief Justice at Nisi Prius at Hertford, Summer Assizes 1 Ann. Reg. it was held by him, that a prescription, that the lords of the manor ought to repair the bridge, without saying ratione tenurae, or ratione terrae, was good ; because (by him) the manor may have been granted to be held by the service of repairing of this bridge before the Statute of Quia Emptores Terrarum i or the King may make such a grant at this day, he not being bound by the said statute. And in pleading one may say, that he is...
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Parcels
...that 14 (1704) 6 Mod 150, 87 ER 909, 1 Salk 358, 91 ER 312. 15 R v Sir John Bucknall (1702) 7 Mod 98, 87 ER 1091; See also 92 ER 29, (1702) 2 Ld Raym 792, 92 ER 37, (1702) 2 Ld Raym 804. this liability could not be proved but it was not an unreasonable assumption because bridge repair was a......