Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1897-07-22
FREEHoLDERs DolNcs.

70 me boord y ctsosen freeiotdefS q me
County Of Gloucester
GnNrr pnrrn In ahadianoo ~ Az raso
l,t;or, assa
No. las ss's ~ fa III 80 Aai =
ssRasojvad schot fha Eraotol,7o.s eso,,
~, thTeo s,,ars 9f+ba f1;+,y - IMaaah.,s
ha /, str,,.tod ~ obta;,, frsr, ~ tL $780,
- tha aonst,, = r;t+a,, ~ - ~ I
i;ahil;tv of ~ enytv ~ tba
and ra,o;r ~ ahnt-as,,fs aod 49,, s,'a1l
If hr;5aa ouor Woodhrr, craas ID
bova Sane oresarta5 At tIo ,,ovt rso,,la - /,
noaet;ng 81 tho Roar5 /" rasr,aetf,,iIs,
sshn,;t the foiiow;no and onota I;harali II,
from, Chief Tnst;ce navfon IN tbo 10 80 20
the Fraeholdars If Snssey vs Str ado, . :
Harrison, n, l()8 : $50
The term "a hridoen convevs n NV
mind the idea Of nassaoewav Nv which
travellers and others are enabled To mass
safely over streams or other obstruction,
A structure of iron. wood. brick or atone
which spans the width of stream. but
is wholly inaccessible at either end.
whatever it may be in architecture does
not meet my ideas Of what is meant in
law and common parlance by "a bridge. :,
Sound policy requires that we 80 con-
slider the law, as to compel those persons
who erect the structure itself, to make it
accessible at its ends. 1t is then that an
available passageway will be obtained
for the public, when the body of the
bridge itself is completed. But indepen-
dent of all arguments drawn from public
policy, such a construction as will compel
those who make the bridge itself to fill it
up at its ends 80 far as is necessary to
make it a convenient and safe passage
way tor the public In both roadway and
footways will, in my opinion, best con-
form to the course of legislation in this
State, as we'll as to ancient principles of
the common law. There is nothing in
our legislation from the earliest period to
the present, which shows any design to
alter or NEEDLE with the principles of the
common law in this respect The general
course of legislation commencing under
our Colonial government and coming
down to the present, has been closely
scanned. AS early as 1883 provision is
made for the appointment of overseers of
the highways to amend all such roads as
were laid out by commissioners, &C., and
from that time forward, the books liter
ally TEEN with enactments about roads
and bridges. Those which apply to
bridges, are many of special character,
to meet the single case, but more usually
the language of the enactment is general.
conforming much to those now in exist.
ence. The first general act which is
| found on the subject of bridges alone.
was passed in l7l8. This Act puts the
general superintendent of bridges upon
| Chosen Freeholders and it sDeaks in
general language of making and repairino
! bridges. The legislation of this State
affords MANY instances where companies
and individuals are either bound or au-
| thorized to construct bridges. and in all
such cases the word "bridgen is used as
tantamount to a complete passageway.
1t has never been doubted that when
companies have been required to con-
struct bridges over canals and railroads,
that they were bound to fill up at the ends
SO as to make complete and safe passage
ways for the public, or the owners of
adjoining lands. So, too, our statutes
have authorized owners of land to con-
struct bridges on private or by-roads,
over drains at bitches, and under this
pnraseologY 1t has never been doubted
That the owner is bound to I'LL up at the
ends OF these bridges so far as to make
them safe and convenient passageways
Tor such persons as may be entitled to
the use OF sucn private ways. So, too,
Where the Legislation has authorized the
construction OF toll bridges, wiz: the
trenton Drldge, or That opposite Easton
over the DelaWare), and enacted penalties
RI tne same De not kept IN repair, the
language useo is merely good and
compete Dridge,, is 70 pc erected, and yet
u can never 1e aoupteo, ana u never has
Deen uouDteo, tnat tney are bound not
only 10 Dulio ana keep IN repair the body
OF Inc prldge, put the ming up at the
ends so as 10 make Dotn the roadWayand
IooCWays accessible and safe passageWays.
In Wooiwlcn on Ways 7S9. Law, l.
Of, Of, IL Is salo that the statute ~, Henry
8, On. (which declared that those per-
sons VINO are bound to make or repair
bridges, &C, shall make and repair the
highways at the ends thereof to the dis
lance of three hundred feet), was merely
declaratory of the common law, and it
was held by the Kings Bench and SUBJ
sequently by the House of Lords, in
Error, that the true common law princi-
pie was that the County or Shire which
is bound to build the bridge, is likewise
bound to make 1t accessible at it's ends
The Statute of %, Henry s, has never
been re-enacted in this State, and the
common law principle remains in full
force. If any custom to the contrary has
crept in, it must be of modern origin-is
subversive of ancient principles and con-
trary to sound policy.
| The Board of Chosen Freeholders is a
corporation created by statute and made
the agent of the County, for executing all
the legal purposes, objects, business and
affairs of the county. The construction
and repair of bridges is one of the most
important of these objects, not only at
common law but as recognized by our
statutes.
The burthen of completing and repair
ing and maintaining the parts of the
bridge. technically called the abutments
and wing walls, is unquestionably upon
the Board of Freeholders, which acts
upon the part of the county.
As to their liability for neglecting
| their duty in connection Herewith. the
public have the right to enforce the pub
licduty by Indictment, and since the pass
age of supplement to Gan Act respect
| ing bridges" Approved March Is. 1860.
Rev. of 1895, Vol. D. 3O7, in ali cases
where the Board of Freeholdere shall
wrongfully neglect to erect, build or re-
pair any bridge, which by law they are
chargeable with the erection. rebuilding
or repair of, and by reason of such
wrongful neglect. any person or persons
shall receive injury or damage in his or