The Reading of the Famous And Learned Robert Callis, Esq., Upon the Statute of Sewers: 23 Hen ...
The Reading of the Famous And Learned Robert Callis, Esq., Upon the Statute of Sewers: 23 Hen ...
Robert Callis , William John Broderip
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it seems to be the opinion of all the justices of that Court, that such a distress was not lawful, unless there were a pre- scription for it ; and in such case some of the justices held it good : but Walmesly denied that the lord could prescribe to distrain for such amerciament any where within the manor, Cro. EUz. 793. [Ed. 1685] Leetura Tertia. 219 the CommisBioners of Sewers, a distress for any of those may be taken in any place within the realm of Eng^- land ; for in this case the distress ...is merely grounded upon the statute^ and is bounded by the same limits^ which IS as large as the realm of England. And hereupon by this construction made in this legal manner, all the words in the said clause of this sta- tute have their full operation. And although in Rooke's case the distress was there B4>Qke*f cue* taken on the ground charged, yet that doth not pro?e but that a distress might have been taken in any other place; for 1 verily take it that the place where the. distress was taken in that case was not intended any .
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