Reports of Cases Decided by the English Courts [1870-1883]; With Notes and References to Kindred Cases and Authorities Volume 35
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... grant, or they may prescribe for the benefit of individual members belonging to such corporation; and the individuals may enjoy and assert the rights so granted or prescribed for in the name and through the medium of the corporation to which they belong." Is it, then, or is it not, reasonably possible, that the right claimed by the present appellants may have had a lawful origin, assuming as true all that is stated in the special case, and also assuming that the mayor and free burgesses of Saltash have a prescriptive title to a several fishery in the locus in qua? Au afiirmative answer to that question would solve every difliculty in the case, and would reconcile all the evidence as to user on which both parties rely. If it were necessary that the class to which the appellants belong should make out a right to a profit ll prendre in alieno solo, I should be of opinion that they could not do so. Gateward'.s-(Jase (') is a conclusive authority against such a claim by such a class, unless made through a. corporation under its corporate title, as it was in the Coventry Case (Boteler v. Brz'stow(')), and in White v. Coleman (). Here there is no corporation through which the claim could be made, except the mayor and free burgesses of Saltash themselves; and the right could not possibly be 642 prescribed for through them, or under their title, as a profit a prendre in alieno solo, because, if a several fishery exists, they are the owners in fee simple of that fishery. But it appears to me to be consistent with all the facts and docu ments stated or referred to in the special case, that the fishery may have been originally granted to the free burgesses of Essa, subject; to a. condition or proviso that the free inhabitants...
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