Reports of Cases Argued And Determined in the Court of King's ..., volume 1
Reports of Cases Argued And Determined in the Court of King's ..., volume 1
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In our eReader you can find the full English version of the book. Read Reports of Cases Argued And Determined in the Court of King's ..., volume 1 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Argued And Determined in the Court of King's ..., volume 1
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Then as to the case of Smith r. Shepherd^ Mo* 574, which is likewise reported in Cro. Eliz.
Vol. I. Rrrr 710; (a) Moor S7^. {b) 2 Wih. 299. (0 Vide 8 Co. 46. *. (d) 152.
Digitized by Google I 670 CASES IN EASTER TERM^ 1787. 710 ; there toll was daiiaed Jor sheep passing through a vifl s V.--y^ but it was not stated that the party cbuoung it was seised of Lord Pel. the soiL The court in that case said, ^' that the inheritaiu:e HAM ^ 44 q£ every man in the king's highway is prior to all prescrip-... PicKBRs- " tions,'' That goes decidedly on the ground that the party GILL, was not entitled to the soil ; and that the subjects had a right of passing over the road before the toll was claimed ; otl^ wise the word ^^ inheritance" is not capable of being erfdaia* ed* To create a toU, therefore, in such a case, would be to deprive the subjects of their right : but if the right did not ex* ist, the subjects could not be deprived of it. And when the / case proceeds to state that if the party shew a consideration, *^ as repairing a road or a bridge ;" those instances are only put by way of examples, and do not exclude any other consi- deration* If what was said by the court there, ^ that toll- ^^ traverse may be prescribed for, because it is for passing over a man's freehold," was said with a reference to the case Aco ^ before the Court, it is a strong confirmation of the other an- thorities* For it shews that though a toll cannot be claimed for passing through a vill, yet if it be for passing over a nsan's own soil.
What to read after Reports of Cases Argued And Determined in the Court of King's ..., volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Then as to the case of Smith r. Shepherd^ Mo* 574, which is likewise reported in Cro. Eliz.
Vol. I. Rrrr 710; (a) Moor S7^. {b) 2 Wih. 299. (0 Vide 8 Co. 46. *. (d) 152.
Digitized by Google I 670 CASES IN EASTER TERM^ 1787. 710 ; there toll was daiiaed Jor sheep passing through a vifl s V.--y^ but it was not stated that the party cbuoung it was seised of Lord Pel. the soiL The court in that case said, ^' that the inheritaiu:e HAM ^ 44 q£ every man in the king's highway is prior to all prescrip-... PicKBRs- " tions,'' That goes decidedly on the ground that the party GILL, was not entitled to the soil ; and that the subjects had a right of passing over the road before the toll was claimed ; otl^ wise the word ^^ inheritance" is not capable of being erfdaia* ed* To create a toU, therefore, in such a case, would be to deprive the subjects of their right : but if the right did not ex* ist, the subjects could not be deprived of it. And when the / case proceeds to state that if the party shew a consideration, *^ as repairing a road or a bridge ;" those instances are only put by way of examples, and do not exclude any other consi- deration* If what was said by the court there, ^ that toll- ^^ traverse may be prescribed for, because it is for passing over a man's freehold," was said with a reference to the case Aco ^ before the Court, it is a strong confirmation of the other an- thorities* For it shews that though a toll cannot be claimed for passing through a vill, yet if it be for passing over a nsan's own soil.
What to read after Reports of Cases Argued And Determined in the Court of King's ..., volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East to read onlineMoreLess
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