Six Essays on Commons Preservation: Written in Competition for Prizes Offered by Henry W. Peek ... Containing a Legal and Historical Examination of Manorial Rights and Customs, with a View to the Preservation of Commons Near Great Towns

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S. Low, son, and Marston, 1867 - 432 pages
 

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Page 188 - ... was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 13 - time immemorial, or time whereof the memory of man runneth not to the contrary," is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice ; for remedy thereof...
Page 13 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...
Page 14 - ... shall, where such right, profit or benefit shall have been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years, be defeated or destroyed by showing only that such right, profit or benefit was first taken or enjoyed at any time prior to such period of thirty years...
Page 345 - Commissioners are of opinion that such inclosure would be expedient, having regard as well to the health, comfort, and convenience of the inhabitants of any cities, towns, villages, or populous places...
Page 239 - Also because many great men of England, which have infeoffed knights and their freeholders of small tenements in their great manors, have complained that they cannot make their profit of the residue of their manors, as of wastes, woods, and pastures, whereas the same feoffees have sufficient pasture as much as belongeth to their tenements...
Page 78 - ... to pay to the board of trade such sum as the board of trade think requisite for or on account of those expenses, or to give...
Page 92 - Where wealth accumulates, and men decay : Princes and lords may flourish, or may fade ; A breath can make them as a breath has made ; But a bold peasantry, their country's pride, When once destroyed, can never be supplied. A time there was, ere England's griefs began, When every rood of ground maintained its man...
Page 76 - A Scheme for the Establishment of Local Management with a view to the Expenditure of Money on the Drainage, Levelling, and Improvement of a Metropolitan Common, and to the making of Byelaws and Regulations for the Prevention of Nuisances and the Preservation of Order thereon...
Page 188 - ... defeated ; and when such right, profit or benefit shall have been so taken and enjoyed as aforesaid for the full period of sixty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

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