Transactions, Volumen 20

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Página 162 - Also sufficient posts, rails, hedges, ditches, mounds or other fences for separating the land taken for the use of the Railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout by reason of the Railway...
Página 170 - ... and no act or other matter shall be deemed to be an interruption, within the meaning of the 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 247 - 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.
Página 33 - Authority in acquiring the land and otherwise in relation to the allotments, may reasonably be expected to be recouped out of the rents obtained in respect thereof. For the purpose of this section, the expression
Página 186 - ... the enactment (omitting immaterial words) will run thus : ' When any window of a dwelling-house shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right to such window shall be deemed absolute and indefeasible.' " Suppose, then, that the owner of a dwelling-house with such a window, that is, with an absolute and indefeasible right to a certain access of light, opens two other windows, one on each side of the old window, does the indefeasible...
Página 47 - ... the year for cattle levant and couchant, as aforesaid, or to any rights of common which may be exercised at all times of the year, and which shall not be limited by number or stints, it shall be lawful for the commissioners to require and specify as one of the terms and conditions of such inclosure the appropriation of such an allotment for the labouring poor as the commissioners shall think necessary, with reference to the circumstances of each particular case, such allotment, nevertheless,...
Página 74 - working class " includes mechanics, artisans, labourers, and others working for wages ; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing 'others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them.
Página 186 - 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 20 years without INTERRUPTION, the right thereto shall be deemed ABSOLUTE AND INDEFEASIBLE...
Página 188 - ... intact. Furthermore, I find nothing whatever in the statute which refers expressly to a window or aperture. I find in the statute a reference to the access of light, ; and in my view the access of light might be described as being the freedom with which light may pass through a certain space over the servient tenement ; and it appears to me that, wherever for the statutory period a given space over the servient tenement has been used by the dominant tenement for the purpose of light passing through...
Página 195 - The question of aban" donment is one of intention, to be gathered from all the " circumstances of the case, and looking at all the circum...

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