A Treatise of the Law of Waters: Including the Law Relating to Rights in the Sea, and Rights Concerning Rivers, Canals, Dock Companies, Fisheries, Mills, Water-courses, Etc., with a Note Concerning the Rights of the Crown to the Land Between High and Low Water MarkT. & J. W. Johnson, 1853 - 432 sider |
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Side xii
... Grant Plea of judgment recovered Witness Who to begin Costs New Trial Arbitration 407 408 408 409 409 · 409 410 410 414 415 415 • 416 417 • 418 421 • 423 426 426 427 427 428 428 430 430 A TABLE OF THE STATUTES CONTAINED IN THIS WORK ...
... Grant Plea of judgment recovered Witness Who to begin Costs New Trial Arbitration 407 408 408 409 409 · 409 410 410 414 415 415 • 416 417 • 418 421 • 423 426 426 427 427 428 428 430 430 A TABLE OF THE STATUTES CONTAINED IN THIS WORK ...
Side 30
... grant , beyond time of memory . In rivers not navigable the fishing is usually a private right ; but cus- tom will vary the general rule . If , therefore , the public should be found upon any occasion to claim a right of piscary in ...
... grant , beyond time of memory . In rivers not navigable the fishing is usually a private right ; but cus- tom will vary the general rule . If , therefore , the public should be found upon any occasion to claim a right of piscary in ...
Side 37
... , if there were an adverse possession of any part of the sea shore for twenty years , this would be evidence prima facie ( v ) Id . 316 . ( u ) 5 B. & A. 310 . of a grant from the lord of the manor , RIGHTS IN THE SEA . 37.
... , if there were an adverse possession of any part of the sea shore for twenty years , this would be evidence prima facie ( v ) Id . 316 . ( u ) 5 B. & A. 310 . of a grant from the lord of the manor , RIGHTS IN THE SEA . 37.
Side 38
... grant from the lord of the manor , the owner of the soil , liable to be rebutted , however , by opposite testimony on his behalf . Again , to trespass , the defendant pleaded that the close was the sea shore , and that all the subjects ...
... grant from the lord of the manor , the owner of the soil , liable to be rebutted , however , by opposite testimony on his behalf . Again , to trespass , the defendant pleaded that the close was the sea shore , and that all the subjects ...
Side 40
... grant , and may have flotsam within high and low water mark . And those of the west country pre- scribe to have wreck in the sea so far as they can see a Humber barrel . ( c ) But no grant of wreck will avail unless it be clearly proved ...
... grant , and may have flotsam within high and low water mark . And those of the west country pre- scribe to have wreck in the sea so far as they can see a Humber barrel . ( c ) But no grant of wreck will avail unless it be clearly proved ...
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Vanlige uttrykk og setninger
act of Parliament action ad quod damnum adjoining adverse possession aforesaid alleged belong brought Canal Company cited claim common law common of fishery conviction Court held Crown custom damage declared defendant defendant's easement erected evidence free fishery Glamorganshire Canal grant grinding ground Gwill Hale de Jure immemorial indictment inhabitants injury judgment Jure Maris jury justice King King's land learned Judge liable Lord Lord Coke Lord Ellenborough low water mark manor Mayor mentioned navigable river nonsuit nuisance obstruction occasion offence opinion owner oysters parish party pass penalty person piscary plaintiff plea pleaded pond port possession prescription privilege profits proprietor purpose question rateable reason repair respect right of fishery River Severn River Thames salmon Sect shew shewn ship shore soil statute stream tenant Thames thereof tion tithes toll trespass verdict vessel Vict water bailiff watercourse wharf wreck writ
Populære avsnitt
Side 256 - ... without the consent of the other proprietors, who may be affected by his operations. No proprietor can either diminish the quantity of water, which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Side 368 - Thus, in actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Side 235 - ... for taking or destroying fish which shall then be in his possession, and in case such offender shall not immediately deliver up the same, may seize and take the same from him for the use of such owner...
Side 381 - ... company by virtue of this act, without setting forth the special matter ; and on the trial of such action it shall only be necessary to prove...
Side 257 - ... hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant...
Side 240 - ... private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish ; or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein ; or shall unlawfully and maliciously break down or otherwise destroy the dam of any millpond ; every such offender...
Side 32 - The sea is either that which lies within the body of a county, or without. That arm or branch of the sea which lies within the fauces terrse, where a man may reasonably discern between shore and shore, is, or at least may be, within the body of a county, and, therefore, within the jurisdiction of the sheriff
Side 422 - ... of right ought to have had and enjoyed, and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or...
Side 236 - Pounds ; and if in any such Water as last mentioned, he shall, on the like Conviction, forfeit and pay any Sum not exceeding...
Side 214 - ... and being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years...