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Mr. Serjeant Stephen's New Commentaries on the Laws of England Volume 3; (Partly Founded on Blackstone)

Mr. Serjeant Stephen's New Commentaries on the Laws of England Volume 3; (Partly Founded on Blackstone)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 Excerpt: ... commoner, be found upon the land, the lord, or any of the commoners, may either distrain them damage feasant (s), or bring their respective actions and recover damages. (2.) Another disturbance of common is by surcharging it, that is to say, putting more cattle thereon than the pasture and herbage will sustain, or the party hath a right to do; in which case, he that surcharges does an injury to the rest of the owners, by depriving them of their respective portions, or at least contracting them into a smaller compass. This injury by surcharging can, properly speaking, only happen where the right of common is appendant or appurtenant, and of course limikible by law-; or where, when in gross, it is expressly limited and certain. For where a man hath common in gross sans nombre, or without stint, as it is more commonly called, he cannot be a surcharger; but even where a man is said to have common without stint, there, must be left sufficient for the lord's own beasts, for the law will not suppose that, at the original grant of the right of common, the lord meant to exclude himself (t). For surcharging the common, the beasts in excess may be distrained, or any of the commoners may bring his action, and that as well against the lord as against another commoner (u). (3.) There is also a disturbance of common, when the owner of the land, or other person, so incloses it, that the commoner is precluded from enjoying the benefit to which he is by law entitled. Which may be done either by erecting fences, or by ploughing up the soil of the common (.;), or by erecting a warren in the common and stocking it with rabbits in such quantities that they devour the whole herbage; but the lord may lawfully erect a warren, provided the rabbits do not increase so as to occasion ...


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Product Details
  • ISBN-13: 9781154008227
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 274
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1154008223
  • Publisher Date: 11 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 494 gr


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