The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 102

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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. 1908 edition. Excerpt: ...stones to step on; for in such case, he does not occupy the space over which he passes, except during the time of his passage. Here there is a continuolli occupation. It more nearly resembles the case of a tubular bridge, the posts representing the buttresses. It would make no difference if the posts were fixed in sockets, instead of being sunk in the ground. A person may let a field to be used in a particular w" 'v either as a resting-place for horses and carriages, or as a stand1n%' place for goods, and the use to which it is applied does not prevent the person who hires it from becoming tenant, though he occuP'_5 for a qualified purpose only. Here the Company occupy by then' posts, and also by having their wires suspended from P0811 to Pfmi and, although the Railway Company reserve to themselves the right to remove the posts and wires to a more convenient spot, still tllli Company are occupiers of the soil along the line. It is a tenancy subject to this qualification, that the Company shall only 00cents1PY the soil by posts and wires at a particular place, and that they Shit" remove them to another place in the event of their being moonvenient. There is an exclusive occupation of the soil itself, and also of a portion of the space above it, along which the wires P359' and which, in contemplation of law, is part of the land. I am also of opinion that the Company are rateable. The sin1Pl question is, whether the facts stated show that the Comlmny has the exclusive occupation of what the law calls land, i013 if 5' according to the authorities, they are rateable. The 43 Eliz. 0-?' directs that the rate shall be made by taxation of "every occupler 0f W158," and by thshow more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • United States
  • English
  • black & white illustrations
  • 123678572X
  • 9781236785725