Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	case_n	court_n	1,554	5	6.9960	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43423	Lent, 1638 the learned reading of John Herne Esq., late of the Honourable Society of Lincolns-Inne, upon the Statute of 23 H. 8 cap. 3 concerning commissions of sewers / translated out of the French manusctipt [sic].	Herne, John, fl. 1644.; Herne, John, fl. 1660.	1659 (1659)	Wing H1572; ESTC R12243	16,099	37

the Levellers to make it the county to re-edifie the bridge the Village to keep it in repair B is arrested and imprisoned and C to pay a hundred marks The POINTS 1 All these acts are justifiable by the commissioners within this Law Grant of Pontage good It hath been objected that the King may grant a thing tending to charge people and Davis's Reports fol 15. it is express that Pontage cannot be granted but it lies onely in prescription Rep. 1. Al●…nwoods case Plow 426. Rep. 5 55. Rep. 11. 73. as of other things lying ingrant onely and not in prescription but cleerly Pontage as well lies in grant as in prescription But true it is that Pontage for a bridge before built is void for there it is but a charge to the subject but Pontage for a bridge to be erected new is warrantable for there it is Quid pro quo Also admitting the ancient bridge then Pontage is incident unless prescription lie under as the case between Heedy and Wheeler it is resolved that toll is incident to an ancient faire 38 Eliz. ● R. Rot. 9●3 unless prescription to the contrary So of Pontage to a bridge c. 2 Commissioners may erect a novo The objection That an ad quod damnum ought to issue first but here is a great circumspection for it is not a trust to a single person onely as Escheator but after survey of commissioners oaths Another objection That the statute of H. 6 gives this power by Expresse Words so that without express words power is not granted But I conceive although the statute of H. 6 be temporary yet it continues and our statute hath some coherence with the words of the statute of H. 6 and upon the same reason was a solemn Decree grounded at the Council table That commissioners might erect de novo and the difference was there taken between a statute expired and a statute repealed for where a statute is repealed there an inconvenience appears and a repeal is made in disallowance but where a statute expires onely there it hath once an allowance and no check in disallowance 3 The county is well charged to re-edifie the bridg and the village well charged to repair it the question is grounded upon 22 H. 8. of Bridges by which it is enacted that every village incorporate shal repair bridges of the same village and the others are left to the county charge unless there be a particular tenure or prescription then there cannot be prescription because the decay is before time of memory c neither is the village bound to repair it because that the corporation was made after the decay also it was a village in the county charged at the time of the statute for it is corporate in the time of the King also although it be a village incorporate yet not being a county-town it continues within the county at large but after erection the charge of the village to repair it is good for the village hath Pontage Et qui sentit emu debet sentire commodum B was well arrested and imprisoned for the purpresture Kelw. 141 7 H. ● 33. 19 H 6. 8 33 E. 3. 8. Da. Rep. 6. De Roy. P●schar●s for purpresture may be as well in water as in the high-way and this without force but amerciable but pupresture or anusance with force fineable and then if finable imprisonment follows of consequence 5 The fine of C. to an hundred marks is reasonable and I shall not help my self by aggravating of the offence with contempt being to re-edifie after pulling down by Decree but I hold that here he cannot be fined to a greater or lesser sum and the words of the statute are express scil Statute 1 Hen. 4 cap. 12 The fourth Day VVhat cases are to be determined within this Law IF a tax be imposed upon A and the goods of B. are distrained for it B shall have an action of trespass in the court of Sewers Officers and servants as Carpenters and Masons c. imployed by the commissioners shall recover their wages of the commissioners in this court because the original cause arises by this court Otherwise where it arises out of this court as the case of Vaux and Gibbons which was referred to the Council-table but where a thing originally belongs to the court of Sewers 1 R. 3.4 that shall warrant all the proceedings also for the accessary follows his principal Where a township is taxed with a sum in gross and a man distrains for it he shall have process out of this court for assessing of the sum after sale of the land for non-payment where the Officers by Decrees of this court takes trees upon the land of one man and digs a trench upon the land of another man both shall recover damages for the land and also for the trees against the levellers in this court But if A was chargeable by this law and B disseises him yet B. shall have no remedy by this law A presentment in a Leet or Turn not traversable unless they concern the frank-tenement and then I conceive it ought to be removed into the Kings bench and the reason why personal torts are not traversable is I conceive ii Rep. Bags case 8 Rep Bonhaws case because de minimis non curat lex and therefore no process to compel him to answer in this court No traverse against a return of a sherif or a Major and commonalty but presentments before Justices of the peace are traversable So a presentment before Justices of Oyer and Terminer Sta●t 183. 83 30 Ass 57 37 Ass part 45 E. 3 26. Plowd 397. Charter of Rumney Marsh fol. 23 24 and Godfrey was presented for not repairing and his traverse was admitted to be good for otherwise the words of the statute were in vain All traverses framed according to Law shall be allow'd in this court The Case Upon survey against A upon a presentment against B C upon decree for sale against D and against the father of E A tenders his traverse B prescribes in non reparando C pleads that he and F ought to join in repairing D pleads that he was within age at the time of the decree and E that he is son and heir of the donee against whom the decree was made All these traverses and pleas are disallowed by the Justices of Sewers and well within this law The survey of the Commissioners not traversable M. Holborn A survey is supposed to be by the court and so it is a record But I doubt if the commissioners may make a record to charge the subject they may by the statute come and prostrate but they are restrained by the other words for charging If they be Judges of the default yet they are not Judges upon what the default lies for the statute says it shall be by enquiry Also it is not possible they should upon coming determine upon any cases for they cannot view if the