A Treatise On the Law of Markets And Fairs With the Principal Statutes Relating
A Treatise On the Law of Markets And Fairs With the Principal Statutes Relating
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(a) Thus in Tyson v. Smith (b) a custom that victuallers should erect stalls on a common at the times of fairs, and continue the same for a reasonable time, paying 2d. To the lord of the manor, was held a good justification in an action for trespass. Tindal, C. J. , said : ' At the early time at which this custom originated it may have been a profit to the lord, and at all events it may have been an object to him, with respect to the profits of his fair, to give encouragement to those who would... erect booths and stalls for the entertainment of strangers coming to the fair. It is clear that a prescription for a certain toll by way of stallage is good notwithstanding toll and stallage are different things ; as was held in the case of Bennington v. Taylor ;(c} and if the lord of a fair can justify distraining for such toll under a prescription there seems no reason why the person who uses the stall on payment of the toll, and who cannot prescribe either in a que estate or in himself and his ancestors, being a stranger, should not justify under such a custom as the present.
What to read after A Treatise On the Law of Markets And Fairs With the Principal Statutes Relating?
You can find similar books in the "Read Also" column, or choose other free books by Joseph Gerald Pease to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(a) Thus in Tyson v. Smith (b) a custom that victuallers should erect stalls on a common at the times of fairs, and continue the same for a reasonable time, paying 2d. To the lord of the manor, was held a good justification in an action for trespass. Tindal, C. J. , said : ' At the early time at which this custom originated it may have been a profit to the lord, and at all events it may have been an object to him, with respect to the profits of his fair, to give encouragement to those who would... erect booths and stalls for the entertainment of strangers coming to the fair. It is clear that a prescription for a certain toll by way of stallage is good notwithstanding toll and stallage are different things ; as was held in the case of Bennington v. Taylor ;(c} and if the lord of a fair can justify distraining for such toll under a prescription there seems no reason why the person who uses the stall on payment of the toll, and who cannot prescribe either in a que estate or in himself and his ancestors, being a stranger, should not justify under such a custom as the present.
What to read after A Treatise On the Law of Markets And Fairs With the Principal Statutes Relating?
You can find similar books in the "Read Also" column, or choose other free books by Joseph Gerald Pease to read onlineMoreLess
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