Reports of Cases Determined in the Supreme Court, Court of Chancery and Court of Vice Admiralty of Prince Edward Island: From Hilary Term, 1850 to Hilary Term, 1872, Page 10 |
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absent debtor action affidavit Alexander White alleged allowed amount appears application assignment attachment Attorney authority boat cause Charlottetown charter-party circumstances claim considered contended Counsel Court Court of Equity creditor debt decided declaration deed defendant defendant's discharged entitled Equity erected evidence execution facts garnishee give granted ground Gulf of St held Hilary Term Hugh Carr injunction injury intended Island Judge Judgment Juror Jury Justice laid land lessor liable locus in quo Lord Lord Denman low water mark Marshall mill necessary objection opinion owner party payment penning back person plaintiff possession present Prince Edward Island prisoner proceedings proprietor purchaser purpose question Ramsay recover render respect riparian Robert Winter rule sailing says Sheriff shew ship shore Statute stream sufficient suit tenant tion trial trustee verdict vessel Vice Admiralty Court void wharf words
Popular passages
Page 43 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 8 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.
Page 27 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Page 79 - ... interest in possession granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being in respect of the same estate or interest in the possession or receipt of the profits of the land, or in the receipt of the rent...
Page 213 - Where by an Act passed in the first year of the reign of Her Majesty Queen Victoria, intituled, ' An Act for the Amendment of the Laws with respect to Wills...
Page 115 - Streams of water are intended for the use and comfort of man; and it would be unreasonable and contrary to the universal sense of mankind to debar every riparian proprietor from the application of the water to domestic, agricultural and manufacturing purposes...
Page 225 - And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to...
Page 78 - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 116 - ... of the common right. The diminution, " retardation, or acceleration, not positively and sen"sibly injurious, by diminishing the value of the " common right, is an implied element in the right of
Page 114 - ... 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...