Professional Notes, Volume 6 (Google eBook)

Front Cover
1894 - Surveying
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Contents

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Page 166 - ... 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.
Page 51 - The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
Page 238 - means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed : "Sewer" includes sewers and drains of every description, except drains to which the word
Page 192 - Cornwall, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter 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...
Page 101 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach ; and, in any case, requiring the lessee to make compensation in money for the breach...
Page 524 - Denique Marcellus scribit, cum eo qui in suo fodiens vicini fontem avertit, nihil posse agi, nee de dolo actionem : et sane non debet habere, si non animo vicino nocendi, sed suum agrum meliorem faciendi id fecit
Page 174 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief...
Page 47 - Any referee, arbitrator, or umpire may, at any stage of the proceedings under a reference, and shall, if so directed by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.
Page 315 - For fixing the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family : 2.
Page 496 - The use and enjoyment of a stream of pure water for domestic purposes by the lower riparian owners, who purchased their land, built their houses, and laid out their grounds before the opening of the coal mine, the acidulated waters from which rendered the stream entirely useless for domestic purposes, must, ex Necessitate, give way to the interests of the community, in order to permit the development of the natural resources of the country, and to make possible the prosecution of the lawful business...

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