A Treatise on the Law Relating to Profits a Prendre and Rights of Common

A Treatise on the Law Relating to Profits a Prendre and Rights of Common

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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. 1871 edition. Excerpt: ... for the effect of a constant use by all the inhabitants of a parish of unknown extent over a piece of ground, the extent of which is also unknown, might, and probably would, deprive the owner of all beneficial enjoyment of the soil. The limitation to seasonable times would no doubt, in the case of arable land, introduce a qualification which might bring the case within the authorities cited. There is no allegation, however, that the land in question is arable." Channell, B., however, in the course of his judgment said: " I do not base my opinion on the ground that this amounts to a profit a prendre: I doubt whether it does." In Lloyd v. Jones it was decided, that a custom to i_l _l_1__ in a private piece of water could not exist: Wilde, C. J., in delivering the judgment of the Court of Common Pleas said: " In this case a rule was obtained on the part of the defendant calling upon the plaintiff to show cause why a writ of prohibition should not issue, to be directed to the judge of the county court of Merionethshire, to stay the further proceedings in this cause. The ground upon which the defendant claimed to be entitled to the writ is, that the action is brought to recover damages for an alleged trespass in having entered the plaintiff 's land, and fished, or attempted to fish, there; and the defendant contended, that such acts were done in exercise of a right conferred on him as an inhabitant of the town of Bala, under an immemorial custom; and as the claim of right set up by the defendant may be disputed, it is contended, that the jurisdiction of the county court over the cause is excluded by the statute 9 & 10 Vict. c. 95, s. 58, by which it is provided, that the court shall not have cognizance...
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Product details

  • Paperback | 124 pages
  • 189 x 246 x 7mm | 236g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123690401X
  • 9781236904010