The Act for the Enclosure of Commons in England and Wales: With a Treatise on the Law of Rights of Commons, in Reference to this Act : and Forms as Settled by the Commissioners, Etc. Etc |
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Page 5
... grant or upon a prescription , which supposes a grant annexing to particular lands a right of user of a particular waste . 3. Right of common in gross is a right depend- ing upon a grant or prescription , entitling the possessor to some ...
... grant or upon a prescription , which supposes a grant annexing to particular lands a right of user of a particular waste . 3. Right of common in gross is a right depend- ing upon a grant or prescription , entitling the possessor to some ...
Page 9
... grant from the lord . I. Common of Pasture Appendant to ancient ara- ble land must have existed beyond the time of legal memory * , that is , before the reign of Richard the First . It is , however , unnecessary now to prove this early ...
... grant from the lord . I. Common of Pasture Appendant to ancient ara- ble land must have existed beyond the time of legal memory * , that is , before the reign of Richard the First . It is , however , unnecessary now to prove this early ...
Page 15
... grants of right of common over different wastes from different lords in respect of the same tenement . It may be ad ... grant from the owner of the soil , and is therefore almost as unfettered * And see Barwich v . Matthews , 5 Taunt ...
... grants of right of common over different wastes from different lords in respect of the same tenement . It may be ad ... grant from the owner of the soil , and is therefore almost as unfettered * And see Barwich v . Matthews , 5 Taunt ...
Page 16
... grant , and the usage under the prescrip- tion evidences the terms of the grant . As how- ever this species of right of common may have been created by grant since the time of legal memory , cases have not been infrequent in which the ...
... grant , and the usage under the prescrip- tion evidences the terms of the grant . As how- ever this species of right of common may have been created by grant since the time of legal memory , cases have not been infrequent in which the ...
Page 17
... grant for the encouragement of habitation in a fen country . † * Sacherville v . Porter , Cro . Car . 482. ; 2 Black . Com . 34 . † The reason is not a very good one . No person less ignorant of all rural things than our lawyers and ...
... grant for the encouragement of habitation in a fen country . † * Sacherville v . Porter , Cro . Car . 482. ; 2 Black . Com . 34 . † The reason is not a very good one . No person less ignorant of all rural things than our lawyers and ...
Other editions - View all
The ACT for the Enclosure of Commons in England and Wales: With a Treatise ... George Wingrove Cooke No preview available - 2015 |
The Act for the Enclosure of Commons in England and Wales: With a Treatise ... George Wingrove Cooke No preview available - 2018 |
Common terms and phrases
act of parliament aforesaid agreement allotment wardens ancient tenement appear application appointed appurtenant assistant commissioner award boundaries certiorari churchwardens claim commis commissioners or assistant common appendant common of pasture common right commonable lands confirmation consent copyhold court custom declaration deemed determination direct enacted enclosed Enclosure Act enclosure commissioners entitled estovers exchange exercise expenses fences field reeve given grant hands and seal held hereby herein-before inhabitants jury land proposed land subject lawful lease levant and couchant limited lord Lord Coke Majesty's treasury manner manor matter meeting ment missioners notice owners paid parish parliament parties persons interested powers prescription proceedings proposed enclosure provisional order purposes rack rent regulated pasture rent-charge respect right of common right of pasture severalty sioners soil stinted pasture stints or rights tenant tenement therein thereof think fit tion tithes trustees turbary valuer acting vicinage waste William the Fourth writing
Popular passages
Page 290 - ... 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.
Page 12 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 42 - Sed privati ac separati agri apud eos nihil est, neque longius anno remanere uno in loco incolendi causa licet.
Page 84 - ... but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or...
Page 84 - ... provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Page 258 - ... shall be good, valid, and effectual in the law to all intents and purposes whatsoever...
Page 249 - Speed be paid into the Bank of England in the Name and with the Privity of the Accountant General of...
Page 278 - ... on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio...
Page 292 - ... it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done...
Page 290 - No claim which may be lawfully made at general. . . the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...