A Practical Treatise on the Law of Tolls: And Therein, of Tolls Thorough and Traverse; Fair and Market Tolls; Canal, Ferry, Port and Harbour Tolls ...

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Saunders and Benning, 1833 - 252 páginas
 

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Página 30 - And lastly, it provides,3 that the time, during which any person, otherwise capable of resisting any claim to any of the matters before mentioned, — shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, — or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, — shall be excluded in the computation of the periods thereinbefore mentioned,...
Página 29 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Página 227 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Página 28 - 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...
Página 29 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
Página 123 - There is no doubt that the general principle is favored, both in law and justice, that every man may fix what price he pleases upon his own property, or the use of it; but if for a particular purpose the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that monopoly, he must, as an equivalent, perform the duty attached to it on reasonable terms.
Página 29 - That each of the respective periods of years herein-before mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Página 29 - 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...
Página 29 - ... 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...
Página 187 - ... in such competent sum and sums of money as they shall think fit,) a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff, to set the poor on work : and also competent sums of money for and towards the necessary relief of the lame, impotent, old, blind, and such other among them, being poor and not able to work, and also for the...

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