Rights of Common and Other Prescriptive Rights: Being Twenty-four Lectures Delivered in Gray's Inn Hall in the Year 1877

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H. Sweet, 1880 - Commons - 403 pages
 

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Page 304 - ... years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 342 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 167 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...
Page 169 - That the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim...
Page 284 - Jetsam is where goods are cast into the sea, and there sink and remain under water ; flotsam...
Page 343 - ... no Act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to, or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Page 274 - Latin thesaurus inventus, is where any money or coin, gold, silver, plate or bullion is found hidden in the earth or other private place, the owner thereof being unknown...
Page 168 - Each of the respective periods of years hereinbefore mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been, or shall be brought into question...
Page 280 - Estrays are such valuable animals as are found wandering in any manor or lordship, and no man knoweth the owner of them; in which case the law gives them to the king as the general owner and lord paramount of the soil, in recompence for the damage which they may have done therein: and they now most commonly belong to the lord of the manor, by special grant from the crown.
Page 48 - ... which the law esteems sufficient proof of a special grant or agreement for this purpose. Common because of vicinage, or neighbourhood, is where the inhabitants of two townships, which lie contiguous to each other, have usually intercommoned with one another; the beasts of the one straying mutually into the other's fields, without any molestation from either.

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