Leading Cases And Statutes On the Law of Evidence : With Notes, Explanatory And Connective, Presenting a Systematic View of the Whole Subject
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Public rights are those common to all the community, such as rights to use highways, ferries, and public fisheries.
General rights are those common to a considerable class of the com- munity, such as parochial or manorial rights.
With reference to the remark of Le Blanc, J., in the above case, that the right is first proved " by acts of enjoyment ^within the period of living memory," Sir James Stephen remarks : " This seems superfluous, as no jury would ever find that a public right of way exis...ted, which had not been used in living memory, on the strength of a report that some deceased person had said that there once was such a right " (Dig. Ev., p. 183).
But the declarations must be made " ante litem motam." As to the meaning of such expression, see amte, p. 167.
It should be observed that such declarations may be made in any manner or form, as in oral statements, writings, deeds, depositions, maps, books, presentments of Manorial Courts, or verdicts, judgments or orders of competent Courts, such as Quarter Sessions.
What to read after Leading Cases And Statutes On the Law of Evidence : With Notes, Explanatory And Connective, Presenting a Systematic View of the Whole Subject?
You can find similar books in the "Read Also" column, or choose other free books by Cockle, Ernest to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Public rights are those common to all the community, such as rights to use highways, ferries, and public fisheries.
General rights are those common to a considerable class of the com- munity, such as parochial or manorial rights.
With reference to the remark of Le Blanc, J., in the above case, that the right is first proved " by acts of enjoyment ^within the period of living memory," Sir James Stephen remarks : " This seems superfluous, as no jury would ever find that a public right of way exis...ted, which had not been used in living memory, on the strength of a report that some deceased person had said that there once was such a right " (Dig. Ev., p. 183).
But the declarations must be made " ante litem motam." As to the meaning of such expression, see amte, p. 167.
It should be observed that such declarations may be made in any manner or form, as in oral statements, writings, deeds, depositions, maps, books, presentments of Manorial Courts, or verdicts, judgments or orders of competent Courts, such as Quarter Sessions.
What to read after Leading Cases And Statutes On the Law of Evidence : With Notes, Explanatory And Connective, Presenting a Systematic View of the Whole Subject?
You can find similar books in the "Read Also" column, or choose other free books by Cockle, Ernest to read onlineMoreLess
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