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according action affidavit alleged answer appears application argument arrest assignment Attorney-General authority Bank behalf bill brought called cause certificate charged circumstances colony COMMON LAW Company costs Council course creditors Crown Crown lands decided decision deed defendant directed discharged effect England entered entitled EQUITY evidence executed exercised fact filed follows further give given Governor grant ground GWYNNE HANSON held Honor House HUGHES insolvent interest issue Judge judgment jurisdiction jury Justice land leases leave Legislature Lord Magistrate manner matter motion necessary notice objection obtained opinion owner paid parties person plaintiff practice present Primary prisoner proceedings Property Act province provisions question quoted Real Property reason record referred registered repeal respect rule scire facias seal South Special Statute stream sufficient suit SUPREME COURT taken trial valid verdict Vict warrant writ
Página 136 - But, further, he has a right to the use of it for any purpose, or what may be deemed the extraordinary use of it, provided that he does not thereby interfere with the rights of other proprietors, either above or below him. Subject to this condition, he may daui up the stream for the purpose of a mill, or divert the water for the purpose of irrigation.
Página 89 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Página 136 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 87 - Majesty's justices of the peace in and for the said [county], to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid.
Página 107 - After notice of the filing and registration of such deed has been given as aforesaid, no execution, sequestration, or other process against the debtor's property In respect of any debt, and no process against his person in respect of any debt, other than such process by writ or warrant as may be hod against a debtor about to depart out of England, shall be available to any creditor or claimant without leave of the court...
Página 33 - the body of CCW detained in our prison under " your custody, as it is said, together with the day and " cause of his being taken and detained...
Página 140 - W. 324, it was held that the owner of land through which water flows in a subterraneous course, has no right or interest in it which will enable him to maintain an action against a landowner who, in carrying on mining operations in his own land, in the usual manner, drains away the water from the land of the first-mentioned owner, and lays his *well dry.
Página 89 - Governor of the said Colony in the name and on behalf of Her Majesty, shall be and be deemed to have been valid and effectual from the date of such assent for all purposes whatever; provided that nothing herein contained shall be deemed to give effect to any law or reputed law which has been disallowed by Her Majesty, or has expired, or has been lawfully repealed, or to prevent the lawful disallowance or repeal of any law.
Página 163 - The leases described in this section are not required to be under the Provincial seal; and although the leases in question were so sealed, the authority would probably have been as strictly pursued if they had been executed under the private seal of the Governor. It may be assumed for the purposes of the present case that these leases are void, being of quantities of lands exceeding eighty acres; and the Appellant insists that the remedy by Scire facias is not only the proper, but the only remedy...