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 |
Inni boken
Resultat 1-5 av 100
Side 40
... seems it cannot be claimed as parcel of a hundred . This point was admitted by the defend- ant's counsel , but he said he claimed by prescription , namely , that all the lords of the hundred had been used to have wreck within the ...
... seems it cannot be claimed as parcel of a hundred . This point was admitted by the defend- ant's counsel , but he said he claimed by prescription , namely , that all the lords of the hundred had been used to have wreck within the ...
Side 42
... seems that the sheriff may sell them within the year , to prevent loss ; and the sale would be good by reason of necessity , which is always accepted by the law . ( w ) The year and day are to be counted from the time of the seizure ...
... seems that the sheriff may sell them within the year , to prevent loss ; and the sale would be good by reason of necessity , which is always accepted by the law . ( w ) The year and day are to be counted from the time of the seizure ...
Side 44
... seems not to be felony , because no one has any property in the goods at the time of the taking . Hawk . P. C. , c . 33 , s . 24 ; and see likewise on the subject of wrecks generally . Miege's Laws of Oleron . ( 0 ) 6 Mod . 149 , Anon ...
... seems not to be felony , because no one has any property in the goods at the time of the taking . Hawk . P. C. , c . 33 , s . 24 ; and see likewise on the subject of wrecks generally . Miege's Laws of Oleron . ( 0 ) 6 Mod . 149 , Anon ...
Side 45
... 18 . ( z ) Id . 16. It seems that the swan is not a royal bird in Scotland . Erskine , B. 2 , tit . 6 , s . 15 . ( y ) 7 Rep . 17. 4 Inst . 280 . by his plea to estrays as pertaining to his lordship RIGHTS IN THE SEA . 45 Swans.
... 18 . ( z ) Id . 16. It seems that the swan is not a royal bird in Scotland . Erskine , B. 2 , tit . 6 , s . 15 . ( y ) 7 Rep . 17. 4 Inst . 280 . by his plea to estrays as pertaining to his lordship RIGHTS IN THE SEA . 45 Swans.
Side 54
... seems , that no prescription can extend to lands farther than the low water mark , because a subject can have no use of such as are be- yond : although between the high and low water mark a prescription of that kind may exist , because ...
... seems , that no prescription can extend to lands farther than the low water mark , because a subject can have no use of such as are be- yond : although between the high and low water mark a prescription of that kind may exist , because ...
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Vanlige uttrykk og setninger
act of Parliament action ad quod damnum adjoining adverse possession aforesaid alleged ancient banks belong Canal Company cited claim common law common of fishery conviction corn Court held Crown custom damage declared defendant defendant's easement erected evidence free fishery Glamorganshire Canal grant grind ground Hale de Jure immemorial indictment injury judgment Jure Maris jurisdiction jury justice King King's land learned Judge liable Lord Lord Coke Lord Ellenborough low water mark manor mayor mentioned mill navigable river nets nonsuit nuisance obstruction occasion offence opinion owner oysters parish party pass penalty person piscary plaintiff plea pleaded port possession prescription privilege proprietor public river purpose question reason respect right of fishery River Severn River Thames salmon Sect shew ship shore soil staiths statute stream tenants 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...