30
History of Local Rates
As for petty reparations, they are by intendment
to continue but for a short time, which are likely to
be spent during the term and lease; but these new
defences are apparently done to save the inheritance.”
He quotes as analogous the case of landlord’s and
tenant's repairs to a house, and concludes that “in
petty annual and ordinary repairs the lessee alone
shall do the same; but where the same wants in great
timber or when a new defence is to be built, they shall
both be at the charge.” The fact is that the commis-
sioners had a very wide discretion, and could, in
Callis’s words, apportion the tax “as in justice, dis-
cretion, and true judgment is requisite.” !
Just before the Statute of Sewers comes the Statute
of Bridges (22 Hen. VIII, c. 5), passed in 1530-1,
because, as the preamble says, “in many parts of this
realm it cannot be known and proved what hundred,
riding, wapentake, city, borough, town, or parish, nor
what person certain or body politic, ought of right”
to repair bridges which had fallen into decay. It is
sasy ta believe that a good stone bridge would often
outlast the memory of the oldest inhabitant, especially
when he had an interest in forgetting. For a remedy
the act provides that in all cases where it is doubtful
on whom the obligation to repair a bridge lies, “the
said bridges, if they be without city or town corporate,
shall be made by the inhabitants of the shire or riding
in which the said bridge decayed shall happen to be;
and if it be within any city or town corporate, then
by the inhabitants of every such city or town corpo-
rate.” It then gives the justices of the counties and
! Reading on the Statute of Sewers, 1647, pp. 110, 111; 2nd edit.,
pp. 141-143.