A Treatise on the Common Law, in Relation to Water Courses: Intended More Particularly as an Illustration of the Rights and Duties of the Owners and Occupants of Water Privileges : to which is Added an Appendix, Containing the Principal Adjudged CasesWells and Lilly, 1824 - 350 էջ |
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A Treatise on the Common Law in Relation to Water-Courses Joseph Kinnicut Angell Դիտել հնարավոր չէ - 2019 |
Common terms and phrases
action adjoining adjudged adverse possession aforesaid afterwards alleged alteration appeared aquæ banks Bovingdon castle-guard cause channel claimed common law complained conclusive presumption court creek damages damnum absque injuria dant declaration deed Defendant Defendant's ditch divert the water easement enjoyment entitled erect a dam erect a mill evidence fact fee simple fishery grant grist ground highway Hugh White injury judge judgment jury Justice legislature Lord Ellenborough manner meadow mill dam natural course navigable river nonsuit obstruction occupancy opinion overflowed owner party pass penstock person Plaintiff Plaintiff's land Plaintiff's mill plea pleaded possession prescription present presumption principle privilege proprietor proved purpose quantity of water question reason remedy river Irwell river Ribble rule run and flowed salmon Saranac saw-mill shew side sluice soil statute stream of water sufficient sustained tenant thereby thereof tion trespass trial twenty verdict Vide watercourse weir witness wrongfully Zephaniah Platt
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Էջ 224 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Էջ 199 - Michaelmas term 1814, obtained a rule nisi to set aside the verdict and enter a nonsuit...
Էջ 46 - Esq. was seised in his demesne as of fee, of and in the said close in which, &c. and of and in another close called the Twenty Acres, adjoining thereto, and situate in the said parish of St.
Էջ x - All the rivers run into the sea; yet the sea is not full; unto the place from whence the rivers come, thither they return again.
Էջ 95 - In rivers not navigable, the proprietors of the land have the right of fishery on their respective sides ; and it generally extends ad filum medium aquce.
Էջ 4 - ... and to order and determine what he should think fit to be done by the parties respecting the matters in dispute.
Էջ 222 - This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit.
Էջ 166 - ... this occupancy must be regulated and guarded, with a view to the individual rights of all who...
Էջ 78 - whensoever from thenceforth in " one case a writ shall be found in the chancery, and in a " like case falling under the same right and requiring like " remedy no precedent of a writ can be produced, the clerks " in chancery shall agree in forming a new one; and, if " they cannot agree, it shall be adjourned to the...
Էջ 46 - ... will not of itself raise against the owner the presumption of a grant. When lapse of time is said to afford such a presumption, the inference is also drawn from accompanying facts ; and here, where there is no direct evidence whether or not the owner of the land had any knowledge of what passed, the inference to be drawn must, in a peculiar degree, depend on the nature of the accompanying facts ; and the presumption in favour of a grant will be more or less probable, as it may be more or less...