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accused action appeared apply assigned authority Benth body called cause character charged circumstances claim committed common conclusive confession consideration considered continuance convicted course courts crime criminal death deceased deed defendant direct document easement effect enjoyment established evidence examination executed existence fact false favour former give given grant ground guilt hand handwriting held inference innocent instance intention judge jury justice kind land Law Reps less Lord matter means mind murder namely nature never notice object observed offence owner particular party period person plaintiff possession practice prescription present presumed presumption principle prisoner probability produced proof proved question raise reason received respect rule says seems shew Stark statute stolen sufficient supposed surrender taken term things tion trial twenty unless witnesses
85 페이지 - Lancaster, or being the property of any ecclesiastical or lay person or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...
86 페이지 - ... no act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.
85 페이지 - That the Time during which any Person otherwise capable of resisting any Claim to any of the Matters before mentioned shall have been or shall be an Infant, Idiot, Non compos mentis, Feme Covert, or Tenant for Life, or during which any Action or Suit shall have been pending, and which shall have been diligently prosecuted, until abated by the Death of any Party or Parties thereto, shall be excluded in the Computation of the Periods herein-before mentioned, except only in Cases where the Right or...
161 페이지 - I would never convict any person of murder or manslaughter, unless the fact were proved to be done, or at least the body found dead,(/) for the sake of two cases, one mentioned in my lord Coke's PC cap.
83 페이지 - Parliament assembled and by the authority of the same that no claim which may be lawfully made at the common law by custom prescription or grant to any...
172 페이지 - They ought rather to reflect, that he who falls by a mistaken sentence, may be considered as falling for his country ; whilst he suffers under the operation of those rules, by the general effect and tendency of which the welfare of the community is maintained and upholden. CHAPTER X. OF RELIGIOUS ESTABLISHMENTS, AND OF TOLERATION. ' A RELIGIOUS establishment is no part of Christianity ; it is only the means of inculcating it.
85 페이지 - 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...
89 페이지 - ... tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods...
86 페이지 - It seems, therefore, that the 'enjoyment as of right' must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it without danger of being treated as a trespasser, as a matter of right, whether strictly legal, by...