A treatise on British mining; with a digest of the cost book system, Stannarie and general mining laws

الغلاف الأمامي
Effingham Wilson, 1850 - 87 من الصفحات
 

الصفحات المحددة

عبارات ومصطلحات مألوفة

مقاطع مشهورة

الصفحة 64 - ... years, but nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated; and...
الصفحة 64 - ... shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years...
الصفحة 67 - It is wholly immaterial, whether the party be a proprietor above or below, in the course of the river; the right being common to all the proprietors on the river, no one has a right to diminish the quantity which will, according to the natural current, flow to a proprietor below, or to throw it back upon a proprietor above.
الصفحة 64 - That no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water...
الصفحة 64 - ... enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
الصفحة 58 - ... enter on the waste land of another in Cornwall, and mark out by four corner boundaries a certain area ; a written description of the plot of land so marked with metes and bounds, and the name of the person for whose use the proceeding is taken is recorded in an immemorial local court, called the Stannary Court, and proclaimed at three successive courts held at stated intervals : if no objection is successfully made by any other person, the court awards a writ to the bailiff of the court to deliver...
الصفحة 69 - ... from making any use of the spring in his own soil which shall interfere with the enjoyment of the well. He has the power, still further, of debarring the owner of the land in which the spring is first found, or through which it is transmitted,, from draining his land for the proper cultivation of the soil...
الصفحة 67 - ... of the common right. The diminution, retardation, or acceleration, not positively and sensibly injurious by diminishing the value of the common right, is an implied element in the right of using the stream at all.
الصفحة 68 - the proposition, that a watercourse, of whatever antiquity, and in whatever degree enjoyed by numerous persons, cannot be enjoyed so as to confer a right to the use of the water, if proved to have been originally artificial, is quite indefensible...
الصفحة 69 - The well may be sunk to supply a cottage, or a drinking place for cattle ; whilst the owner of the adjoining land may be prevented from winning metals and minerals of inestimable value. And, lastly, there is no limit of space within which the claim of right to an underground spring can be confined...

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