Essays Upon the Form of the Law, Volume 737Introduction.--pt. I. With reference to the law generally.--pt. II. With special reference to the statutes. |
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Essays Upon the Form of the Law Thomas Erskine Holland, Sir,Butterworths Butterworths No preview available - 2016 |
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Page 31 - AN EXAMINATION OF THE RULES OF LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTERPRETATION OF WILLS.
Page 96 - In order to give a right of action and sustain the issue, there must be a substantial privation of light, sufficient to render the occupation of the house uncomfortable, and to prevent the plaintiff from carrying on his accustomed business (that of a grocer) on the premises as beneficially as he had formerly done.
Page 54 - To inquire into the expediency of a Digest " of Law, and the best means of accomplishing that object, and " of otherwise exhibiting in a compendious and accessible form " the law as embodied in judicial decisions.
Page 59 - I will venture to affirm, that what is commonly called the technical part of legislation, is incomparably more difficult than what may be styled the ethical. In other words, it is far easier to conceive justly what would be useful law, than so to construct that same law that it may accomplish the design of the lawgiver.
Page 86 - It is well established by the decided cases that where the same person possesses a house, having the actual use and enjoyment of certain lights, and also possesses the adjoining land and sells the house to another person, although the lights be new he cannot, nor can any one who claims under him, build upon the adjoining land so as to obstruct or interrupt the enjoyment of those lights. The principle is laid down by Twysden and Wyndham, JJ., in the case of Palmer v. Fletcher, 1 Lev. 122, 'that no...
Page 88 - Every man on his own land has a right to all the light and air which will come to him, and he may erect, even on the extremity of his land, buildings with as many windows as he pleases.
Page 89 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Page 83 - ... from which the right flows, must have reference to the state of things at the time when it is supposed to have taken place ; and as the act of the one is inferred from the enjoyment of the other owner, it must in reason be measured by that enjoyment The consent, therefore, cannot fairly be extended beyond the access of light and air through the same aperture (or one of the same dimensions and in the same position), which existed at the time when such consent is supposed to have been given.
Page 4 - STEPHEN'S NEW COMMENTARIES ON THE LAWS OF ENGLAND, partly founded on Blackstone.