A Treatise on the Law Relating to Highways |
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Page ix
... navigable river , which will be found in the last Chapter . But it will be seen , upon reflection , that the principle involved is nothing less than the very definition of nuisance in highways in general ; and that the application of it ...
... navigable river , which will be found in the last Chapter . But it will be seen , upon reflection , that the principle involved is nothing less than the very definition of nuisance in highways in general ; and that the application of it ...
Page 19
... navigable river should also be a thoroughfare . But the nature of the thoroughfare , in the latter case , should not be mis- taken . As a footway is a thoroughfare , if it continue into a carriage or horse way ; so it will not be ...
... navigable river should also be a thoroughfare . But the nature of the thoroughfare , in the latter case , should not be mis- taken . As a footway is a thoroughfare , if it continue into a carriage or horse way ; so it will not be ...
Page 20
... navigable river is in the nature of a highway , and if the water alters its course , the way alters . " It may be re- marked , that the case cited by Comyn , and also another case put by Fitzherbert ( e ) , are both instances of a tho ...
... navigable river is in the nature of a highway , and if the water alters its course , the way alters . " It may be re- marked , that the case cited by Comyn , and also another case put by Fitzherbert ( e ) , are both instances of a tho ...
Page 21
... navigable river ? The flowing and reflowing of the tide does not make it so ; for there are many places into which the tide flows , that are not navigable rivers ; and the place in question may be a creek in their own private estate ...
... navigable river ? The flowing and reflowing of the tide does not make it so ; for there are many places into which the tide flows , that are not navigable rivers ; and the place in question may be a creek in their own private estate ...
Page 22
... navigable , in order that the people may use it . But it cannot become public and a highway , until the right to use it be proved by possession . For be it as deep as it may , unless there is a custom to support the public right , the ...
... navigable , in order that the people may use it . But it cannot become public and a highway , until the right to use it be proved by possession . For be it as deep as it may , unless there is a custom to support the public right , the ...
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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...