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 25

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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. 1896 edition. Excerpt: ... some time a public navigation, I think that, from the manner in which it has been neglected by the public, and from the length of time during which it has been obstructed, it ought to be presumed that the rights of the public have been lawfully determined. Most probably the rights of the public (if they ever had any) arose from the flux 'and reflux of the tides of the sea, so as to make the channel navigable. If then the sea retreated, or the channel silted up, so as to be no longer navigable, why should not the public rights cease? If they arose from natural causes, why should not natural causes also put an end to them? But they might also be put an end to by Act of Parliament, or by writ of ad quad Jamnum, and, perhaps, by commissioners of sewers, if there were any appointed for the district, and they found that it would be for the benefit of the whole level. For these reasons it appears to me, that if this case were sent down for trial again, the jury would be bound to find either that there never was a 1 15 R. R. 623 (5 Taunt. 705: 1 Marsh. 313). Tm-: Kim public navigation through the locus in quo, or that it had The rule must therefore be discharged. I also think that a proper verdict was found in this case. From the great length of enjoyment of the road across Yantlet Creek, every reasonable presumption is to be made that it was lawfully formed. The defence set up against the indictment is, that there was a public right of navigation there, and that the embankment was an obstruction to it. The evidence leads to a conclusion, that there never was a public right of navigation; but admitting it to have existed at some former period, another question arises, viz., whether it may not have been extinguished. It appears by more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236993322
  • 9781236993328