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 (Google eBook)

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O. Richards, 1846 - Commons - 331 pages
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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...

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