A Treatise on the Law Relating to Highways |
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Page viii
... easement , which must have been acquired with the consent of the owner of the soil . This consent is presumed , where the public have had a prescriptive pos- session ; it is implied , where the possession has been permissive ; and ...
... easement , which must have been acquired with the consent of the owner of the soil . This consent is presumed , where the public have had a prescriptive pos- session ; it is implied , where the possession has been permissive ; and ...
Page 16
... easement annexed to the soil ; and the profit arising from the sale of it was lost to the Rugby Charity by the decision in that cause . And in the case of Woodyer v . Hadden , the defendant endeavoured to obtain , upon similar terms , a ...
... easement annexed to the soil ; and the profit arising from the sale of it was lost to the Rugby Charity by the decision in that cause . And in the case of Woodyer v . Hadden , the defendant endeavoured to obtain , upon similar terms , a ...
Page 23
... easement upon the land over which it extends : and that the freehold and soil , and all other rights , which are not inconsistent with the public use of it as a way , remain either in the owners of the adjoining lands , or in the lord ...
... easement upon the land over which it extends : and that the freehold and soil , and all other rights , which are not inconsistent with the public use of it as a way , remain either in the owners of the adjoining lands , or in the lord ...
Page 25
... easement ; and all the Judges agreed that it would be trespass if cattle were found depasturing on a highway . It was a case in replevin - for taking the cattle of the plaintiff ; and a plea was made in bar of the avowry of damage ...
... easement ; and all the Judges agreed that it would be trespass if cattle were found depasturing on a highway . It was a case in replevin - for taking the cattle of the plaintiff ; and a plea was made in bar of the avowry of damage ...
Page 26
... easements , which are collateral to the thing itself . And there is no reason for making any difference between public and private easements . This argument might as well be used in regard to such an easement as a right to set up stalls ...
... easements , which are collateral to the thing itself . And there is no reason for making any difference between public and private easements . This argument might as well be used in regard to such an easement as a right to set up stalls ...
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Other editions - View all
A Treatise on the Law Relating to Highways: Comprehending Turnpike Roads ... Robert Wellbeloved No preview available - 2015 |
Common terms and phrases
Act of Parliament Act or Acts ad quod damnum adjoining aforesaid appear appointed assessment authority bound to repair burthen carriage cattle certiorari charge clause clerk common highway common law Court of K. B. damage defendant directed easement enacted erected evidence exemption expences fence ferry footway forfeit hamlet hereby hereditaments highway horses inclosed inclosure Inclosure Act indictment Inhabitants jury justices lands or grounds liability to repair liable locus in quo Lord Ellenborough manner ment navigable notice nuisance oath obstruction occupier offence owner paid parish partial dedication party pass payment peace penalties person or persons plaintiff prescription public bridge public right purpose Quarter Sessions question reason recited Act refuse respect river River Tyne Section shew soil Special Sessions Stat statute duty street sufficient surveyor tenements therein thereof tithes toll toll-gate township trespass trustees Turnpike Act turnpike road waggon wain
Popular passages
Page 299 - ... before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove, upon oath before a justice of the peace...
Page 259 - Pounds, with all convenient speed, be paid into the Bank of England in the name and with the...
Page 173 - AB of for the purposes of the said Act, do grant and assign unto the said AB, his executors administrators and assigns, such proportion of the rates arising or accruing by virtue of the said Act from [the rates mortgaged] as the said sum of doth or shall bear to the...
Page 389 - ». and him safely to convey to the common gaol [ or, house of correction ] at • , in the said county, and there deliver him to the keeper thereof, together with this precept ; and I do...
Page 311 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 310 - Peace which shall first happen, and to abide the Order of and pay such Costs as shall be awarded by the Justices at such Quarter Sessions, or any Adjournment thereof...
Page 347 - Charges of taking and keeping the same, shall not be paid, that then you do sell the said Goods and Chattels so by you distrained, and out of the Money arising by such Sale that you do...
Page 176 - Hereditaments which shall at the Time of his Death be charged with the Payment of any Sum or Sums of Money...
Page 325 - ... or be removed by certiorari, or any other writ or process whatsoever, into any of her Majesty's courts of record at Westminster or elsewhere^ any law or statute to the contrary thereof in anywise notwithstanding.
Page 324 - Justice, with Two sufficient Sureties, conditioned to try such Appeal at, and abide the Order of, and pay such Costs as shall be awarded by the Justices at such General or Quarter Sessions...