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
76개의 결과 중 1 - 5개
9 페이지
... raised in each year or not ; and that , if more than one acre thereof shall be got and raised in any one year , then an addi- tional sum shall be paid for such excess , in the same pro- portion of £ 350 per acre ; and if the said two ...
... raised in each year or not ; and that , if more than one acre thereof shall be got and raised in any one year , then an addi- tional sum shall be paid for such excess , in the same pro- portion of £ 350 per acre ; and if the said two ...
10 페이지
... raised and gotten from or out of the lands and her- editaments so demised or sold , it was usual to insert powers anthorizing the landlord or vendor , as the case might be , to enter and inspect the workings for such coals and minerals ...
... raised and gotten from or out of the lands and her- editaments so demised or sold , it was usual to insert powers anthorizing the landlord or vendor , as the case might be , to enter and inspect the workings for such coals and minerals ...
18 페이지
... raised by the defendant out of the plaintiff's colliery ; for payment of the value ; for an in- junction to restrain further trespass , and for an inspection of the workings of the defendant's colliery . A motion was now made for an ...
... raised by the defendant out of the plaintiff's colliery ; for payment of the value ; for an in- junction to restrain further trespass , and for an inspection of the workings of the defendant's colliery . A motion was now made for an ...
27 페이지
... raised , the court took time to consider . We are of opinion that the judge had jurisdiction to make the order in question . The power to order an inspection of real or personal property has long existed in the courts of equity , and we ...
... raised , the court took time to consider . We are of opinion that the judge had jurisdiction to make the order in question . The power to order an inspection of real or personal property has long existed in the courts of equity , and we ...
71 페이지
... raise a reservoir of water for the use of his mill , will confer no right upon the plaintiff to maintain such dam after it is built , or control the water raised by means of it . This is the last utterance on the subject by that court ...
... raise a reservoir of water for the use of his mill , will confer no right upon the plaintiff to maintain such dam after it is built , or control the water raised by means of it . This is the last utterance on the subject by that court ...
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기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
acres action aforesaid agreed agreement alleged amount appears assigns bill Borie breach Carson river claim clause coal colliery commenced complainant construction contract corporation court Court of Chancery court of equity covenant damages decree deed defendant's defendants demised premises directors entitled equity Erie Railroad error evidence Ewanrigg executors fact fendants filed Fisher fraud furnaces Gillig grant ground heirs held indenture intent interest iron ironstone irrigation Isaac Fisher judgment jury laches land lease lessee lessor liable Lord ment Milliken & Co minerals mines mortgage notice opinion owner paid parol parties payment peremptory challenges persons pits plaintiff plaintiff in error plea possession proprietor provisions purchase purpose quantity question raised reasonable refused remove rent respect royalty shares slate sold statute stipulated stockholders stone suit tenant term therein thereof tion tons tract trover veins Wister
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.