A practical treatise on ecclesiastical and civil dilapidations, reinstatements, waste &c., with appendix

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1829 - 80 páginas
 

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Página lxiv - We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal distinctly and openly, you send the record and proceedings aforesaid, with...
Página 252 - ... in, by, and with all and all manner of needful and necessary reparations, cleansings, and amendments, when and as often as occasion shall require, the said farm-house and buildings being previously put in repair, and kept in repair by the said Elizabeth Jones.
Página lxxxii - London, may be lawfully exercised by the court of mayor and aldermen of the said city, to be holden in the outer chamber of the guildhall of the said city, according to the custom of the said city.
Página 266 - land " includes not only the face of the earth, but everything under it or over it.
Página lxx - StecU, his intended wife, lawfully to be begotten; and for default of such issue, then to the use and behoof of the second, third, fourth, fifth, and all and every other the son and sons of J.
Página 144 - ... the court may be considered as having decided mainly on this ground, that where the fixed instrument, engine, or utensil (and the building covering the same falls within the same principle) was an accessory to a matter of a personal nature, that it should be itself considered as personalty. The fire-engine, in the cases in 3 Atk.
Página 232 - I shall, therefore, here only beg leave to remind the student, that waste is a spoil and destruction of the estate, either in houses, woods, or lands ; by demolishing not the temporary profits only, but the very substance of the thing...
Página xlv - Aid. 826, in which certain mill machinery, together with the mill, had been demised for a term to a tenant, and he, without permission of his landlord, severed the machinery from the mill, and It was afterwards seized under execution by the sheriff and sold by him.
Página lxiv - England; that the record and process aforesaid being inspected, we may cause to be done thereupon for correcting that error, what of right and according to the law and custom of our realm of England ought to be done.
Página 147 - ... general rule to which it is considered as an exception. To hold otherwise, and to extend the rule in favour of tenants in the latitude contended for by the defendant, would be, as appears to me, to introduce a dangerous innovation into the relative state of rights and interests holden to subsist between landlords and tenants. But its danger or probable mischief is not so properly a consideration for a court of law, as whether the adoption of such a doctrine would be an innovation at all; and,...

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