The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, 8권Callaghan, 1885 |
도서 본문에서
88개의 결과 중 1 - 5개
24 페이지
... equity would grant it or not , for there is no reference in the section to the practice of such courts , as there is in the 14 and 15 Vict . c . 99 , s . 6. The only word used in section 58 is " Inspection . " ( COCKBURN , C. J. - But ...
... equity would grant it or not , for there is no reference in the section to the practice of such courts , as there is in the 14 and 15 Vict . c . 99 , s . 6. The only word used in section 58 is " Inspection . " ( COCKBURN , C. J. - But ...
27 페이지
... equity , and we find that as ancillary to that power the courts of equity have ordered the removal , where necessary , of ob- structions to the inspection . In the notes to The East India Company v . Kynaston , 3 Bligh , O. S. , 153 ...
... equity , and we find that as ancillary to that power the courts of equity have ordered the removal , where necessary , of ob- structions to the inspection . In the notes to The East India Company v . Kynaston , 3 Bligh , O. S. , 153 ...
28 페이지
... equity ; but we think , that as ancillary to the power of inspection given to the courts of common law , there is the same power given to remove obstructions with a view to in- spection which was exercised by the courts of equity as ...
... equity ; but we think , that as ancillary to the power of inspection given to the courts of common law , there is the same power given to remove obstructions with a view to in- spection which was exercised by the courts of equity as ...
36 페이지
... Equity , 77. Court of Chancery , 1877. ) Order for inspection granted without notice . The defendants being les sees of a mine , entered upon the adjoining land belonging to the plaint- iff and sunk a shaft thereon and mined ore through ...
... Equity , 77. Court of Chancery , 1877. ) Order for inspection granted without notice . The defendants being les sees of a mine , entered upon the adjoining land belonging to the plaint- iff and sunk a shaft thereon and mined ore through ...
47 페이지
... equity , be extended to offenses other than those which are specially and clearly de- scribed and provided for . A court . is not , therefore , as the appellant supposes , precluded from inquiring into the inten- tion of the legislature ...
... equity , be extended to offenses other than those which are specially and clearly de- scribed and provided for . A court . is not , therefore , as the appellant supposes , precluded from inquiring into the inten- tion of the legislature ...
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기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
acres action agreed agreement alleged allowed amount appears applied assigns authority bill Borie breach called carry cause claim coal colliery common complainant consideration considered construction contained continued contract conveyed corporation court covenant damages decree deed defendants demised determine directors ditch effect entered entitled equity error evidence execution facts filed flow further give given grant ground held intent interest iron irrigation issue judge judgment jury land lease lessee lessor Lord manner March matter means mentioned minerals mines natural necessary notice obtained opinion owner paid parties passed payment persons pits plaintiff possession premises present proper proprietor purchase quantity quarry question raised reasonable received reference refused remove rent respect rule shares sold statute stone stream sufficient suit taken term tion veins
인기 인용구
104 페이지 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
104 페이지 - is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate.
104 페이지 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere
96 페이지 - That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized ana acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
67 페이지 - But into all contracts, whether made between states and individuals, or between individuals only, there enter conditions which arise not out of the literal terms of the contract itself; they are superinduced by the pre-existing and higher authority of the laws of nature, of nations, or of the community to which the parties belong ; they are always presumed, and must be presumed, to be known and recognized by all, are binding upon all, and need never, therefore, be carried into express stipulation,...
106 페이지 - That a portion of the water of a stream may be used for the purpose of irrigating land, we think is well established as one of the rights of the proprietors of the soil along or through which it passes. Yet a proprietor cannot under color of that right, or for the actual purpose of irrigating his own land, wholly abstract or divert the watercourse, or take such an unreasonable quantity of water, or make such unreasonable use of it, as to deprive...
69 페이지 - A. dispensation or licence properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful.
24 페이지 - either party shall be at liberty to apply to the Court or a Judge for a rule or order for the inspection by the jury, or by himself, or by his witnesses, of any real or personal *property the inspection of which may be [-»ATI material to the proper determination of the question in dispute...
687 페이지 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
119 페이지 - There may be, and there must be allowed of that, which is common to all, a reasonable use. The true test of the principle and extent of the use is, whether it is to the injury of the other proprietors or not.