 | Ontario - Law - 1859 - 1250 pages
...that such profit or benefit was first taken or enjoyed at any time jjrior to such period of thirty years, but nevertheless such claim may be defeated...which the same is now liable to be defeated ; and when such profit or benefit shall Indefeasible if have been so taken and enjoyed as aforesaid for the... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...such right, profit, or benefit, was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated...by which the same is now liable to be defeated: and when such right, profit, or benefit, shall have been so taken and enjoyed as aforesaid, for the full... | |
 | William Selwyn - Nisi prius - 1861 - 874 pages
...defeated by showing only that such way, &c. was first enjoyed at any time prior to such period; but such claim may be defeated in any other way by which the same is now liable to be defeated (f); and where such way, &c. shall have been so enjoyed as aforesaid for the full period of forty years,... | |
 | Turks and Caicos Islands, Alfred John Duncombe - Law - 1862 - 640 pages
...such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated...which the same is now liable to be defeated ; and when such right, profit, or benefit shall have been so taken and enjoyed, as aforesaid, for the full... | |
 | Turks and Caicos Islands, Alfred John Duncombe - Law - 1862 - 650 pages
...such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated...which the same is now liable to be defeated ; and when such right, profit, or benefit shall have been so taken and enjoyed, as aforesaid, for the full... | |
 | Leonard Shelford, Great Britain - Land tenure - 1863 - 930 pages
...such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be defeated...in any other way by which the same is now liable to After >uty yean' be defeated ; and when such right, profit, or benefit shall have right ufbe abso.... | |
 | Leonard Shelford, Great Britain - Land tenure - 1863 - 926 pages
...easement,' but the soil itself. So it must have been enjoyed ' without interruption.' Again, such a claim may be defeated in any other way by which the same is now liable to be defeated ; that is, by the same means by which a similar claim, arising by custom, prescription, or grant, would... | |
 | Law - 1864 - 398 pages
...messuage, &c., any user he may have enjoyed ought not to weigh against the words of the statute, " nevertheless such claim may be defeated in any other...way by which the same is now liable to be defeated." To maintain a legal right by usurpation by virtue of an act of the Legislature, is very different from... | |
 | Thomas Campbell Foster, William Francis Finlason - Law reports, digests, etc - 1867 - 1150 pages
...such right, profit, or benefit was first taken or enjoyed at any tune prior to such period of thirty years, but nevertheless such claim may be defeated...which the same is now liable to be defeated ; and when such right, profit, or benefit shall have been so taken and enjoyed as aforesaid for the full... | |
 | John Scriven (serjeant at law.) - Copyhold - 1867 - 686 pages
...far from sanctioning an unreasonable custom, the first section of the act expressly provides that " such claim may be defeated in any other way by which the same is now liable to be defeated." A prescription or custom to work mines under any messuages and lands parcel of the manor, and for the... | |
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... years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated... 
