It has survived long enough for the copyright to expire and the book to enter the public domain. And whereas by a notioe in writing dated the 29tk Oct. The jastioes, bow- however, were of opinion that the sects. Bv the 3rd section: "All premises in which intoxi- cating liqaors are sold by retail shall be closed as follows (that is to say) : ... I do not think that thefiftct that the two shops are the same premises in the sense that they are under the same roof at all affects the case. of the 12th Bepment of Ijuioen, of the one part, and the mayor, aldermen, and bomseea of the Dorongh of Bamaley, in the ooonty of York, of the other part. 6 of the Ace allowed to enter ao^ oarnage on tbe railway, or to tr»Tel therein upon the railway, nnle M f nriii Bhad by the oompany with a ticket, apeoifying the olasa of carriage and the stations, for oon Teyanee between which anoh ticket is iseaed. The statute is also beyond question one of those "good laws and statutes for the uniformity of prayer and ad- ministration of the Sacrament, which by the 24th section of the Act of 1662 are declared to " stand in full force and strength, to all intents and purposes whatsoever for the establishing and confirming" of the new book, and which are thereby directed to be " applied, practised, and pat in use for the punishing of all offences contrary to the said laws, with relation to the book afore- said, and no other." In order to judge whether there is anything inconsistent and irreconcilable between the Ornaments Bubric in the new Prayer Book and the 25th section of the older statute, that section must be read as if the order taken under the section had been inserted in it. C, after stating the &ots, said : In this state of things, the lessees being in possess- sion, under a contract for a lease, the testatrix died, having given all her property, in the manner I have stated, to the Brompton BLospita L The question is, whether she oonld give this premium of 600Z. 9— Threat or intention of converting land into a cemetery — Prohibition of burial within 100 yards of a dwelling-house — Injunction. 9, only prohibited the use of grouadfor a,ctual burials within the distance of 100 yards of a dwe Uing'lwuse, omd did not interfere w Uh the right to convert any part of the land to the purposes of a cemetery, and therefore an injunction could not, in any case, have been supported. The defendant says that he has no immediate intention of doing any- ^ thing of the kind; that he did in the year 1865 76 MAGISTRATES' CASES. He allego B that he has the right to do something which, on the assumption I have mentioned, he would not have the right to do, but he says, not only have I no present intention to do it, but I undertake to give you two months' notice (and the reasonableness and sufficiency of such notice are not disputed) before I attempt to do anything of the kind.
A public domain book is one that was never subject to copyright or whose legal copyright term has expired. 1875, nnder the hand of Charles Newman, of Bamsley aforesaid, gentleman, as agent for and on behalf of the said Adolphus Uliok Wombwell, addressed to the said mayor, aldermen, and burgesses, it was stated that the said Adolphus Uliok Wombwell claimed an estate for life in the said lands, and further that the said Adolphus Uliok Wombwell, on behalf of himself and the other parties entitled and capable of making a conveyance of the fee simple in possession of the lands speoifled in the said notice, claimed the eum of 80,0001. 8 and 9 of the Licensing Act 1874, were exceptional, and it was imperative that the appellant shoald close his lioensea premises at ten o clock at night. If the coart should be of opinion that the said conviction was legally and properly made, and the appellant is liable as aforesaid, then the said conviction is to stand ; bat if the coart shoald be of opinion otherwise, then the said information and complaint is to be dismissed. — ^The sections which relate to this matter are the 8rd and 9th of the Licensing Act 1874 (37 & 38 Vict. (3) If situate else- where than in the metropolitan district or the metropolitan police district, or such town or popu- lous place as aforesaid," from ten at night to six in the morning. 9 : "Any person who, during the time at which premises &r the sale of intoxicating liquors are directed to be closed by or in pursuance of this Act, sells or exposes for sale in such premises any intoxicating liquor, or opens or keeps open such premises for the sale of intoxicating liquors, or allows any intoxicating liquors, although purchased before the hours of closing, to be consumed in such premises, shall for the first offence be liable to a penalty nob exceeding ten pounds, and lor any subsequent offence to a penalty not exceed- ing tv^enty pounds." In this case there is not only no evidence to support a conviction under these sections, but the evidence distinctly contra- dicts anv intention to break the law. The access of one shop to the other being closed at night, and this being shown to have been the case here, I do not see anything to prevent a draoer carrying on the business pe Uant had two separate shops, and at ten o'clock shutters were put up between them, so that the orooer's shop was left in darkness. said in his judg- ment, " the only fact they have proved is that t)f B draper's shop was open when tne other shop wks closed, although from the ciroumstanoes which they state they seem to think it possible that the sepa' ration wsjb hardly a sufficient inclosure. Hetghes decided that the keeping premises open for the purpose of sale is the gist of the offence. Whe re as by a notioe in writing dated the 27th Oot. Every pasaenger ■hall shew and deli Ter up his ticket (whether a contrast or season ticket, or otherwise) to any dnly anthorised ^ servant of the oompany, whenever required to do so for any i^nrpose. And, as so read, their Lordships see nothing incon- sistent between the rubric and the section. Now, that it is her personal property nobody disputes, and it is perfectly settled that arrears of rent may be given to charities. The defendant was the owner of a property imme- diately adjoining the plaintiff's estate, on which was a dwelling-house, situated close to the boun- dary of the defendant's land. granted cm injunction until the hearing or further order. This was an appeal by the defendant from a decision of Bacon, Y. The plaintiffs were Earl Cowley — who,- under the will of the late Earl of Mornington, was equitable tenant for life of an estate at Leyton in Essex — and the trustees of the will. William Byas, was the owner of a property called Ley ton-park, immediately adjoining Earl Cowley's estate, on which there is situated, close to the boundary of Leyton-park, a dwelling house belonging to the Earl, and occupied by a Mr. An action was brought to obtain an injunction to restrain the defendant from using Leyton- park, or any part of it, for burial or for a cemetery. How can the plaintiffs say in such a case that there is an immediate threat to do something which requires the interposition of the court by injunction to prevent it P So far from there being a case for interlocutory injunction, the evidence shows that at the time when this injunction was granted, there was not the re- motest probability of the defendant being able to make the cemetery, nor the remotest intention of making it.
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Whether a book is in the public domain may vary country to country. for the purchase of the said lands speoifted in the said notioe (excepting all minerals lying within and under the same) as required for the purpoee aforesaid, and for compensation for the damage that might be sus- tained by the said Adolphus Uliok Wombw^ and the said other parties competent to oou Tey as aforesaid by reaaon of the execution of the works for which the said lands and promisee were so required as aforeeaid, or of the exerdse as regsrds such Umds and premises of the powers Tested in the said urban sanitary authority as in the said first redted notice is mentioned. That may be, but when suoh a cafe arises they most furnish seme evidence to show that the separation is not one in reality. I do not think that the fact that the two shops are the same premises in the sense that they are under the same roof at all affects the case. Manisty, as counsel for the appellant in that case, seems to concede your interpretation of the statute.] That case certainly does not govern this. 1875, under the' hand of William ibrriaon Peaoook, the town olerk of the aaid borough, for and on behalf of the aaid mayor, aldermen, and bnrgeaaea acting aa the Urban aanitary anthoritj wittiln the diatriot of the aaid borongh, the aaid ma^or, aldermen, and bnrgeaaea de- manded from the aaid Adolphna Uliok Wombwell a atalement in writing of the pazticniara of hia eatate and iatereet in oertain landa thaiein mentioned and thereby required for the pnrpoae of diapoaing of the aewage of the aaid borough of Bamato^ by way of irrigation npon the anrfaoe of and of filtration through the aaid lands, and alao of the dainw made or the amount of oompensa- tion demanded by the aaid Adolphna Uliok Wombwell in seapect thereof. — I am of opinion that this rule ought to be made absolute. Any passenger tra Tclling without a ticket, or fai Unff or refusing to shew or deliver up his ticket as aforesaid, shall be recinired to pay the fare from the station whence the train origina Uy started to the end o his jonmey. The rubric served, as it had long previously served, as a note to remind the Chnrch that the general standard of ornaments, both of the church and the ministers, was to be that established by the authority of Parliament in 1549 ; but that this standard was set up' under a law still unrepealed, which engrafted on the standard a qualincation that, as to the vestures of parish ministers, the surplice, and not the alb, vestment, or tunicle, should be used. CJa that the enrplice was always to be nsedbv the clergj officiating in the administration of the Holy Commanion. The reason is that the remedy for nonpayment of rent is, not possession of the land, but distress upon the chottels that may be found upon it, or re-entry for nonpaymentw There is no lien upon the land for the rent. what is it P The law is perfootly settled that a lessee is a purchaser pro icu Uo. In 1865 the defendant obtained the cdnsent of the Home Secretary to convert his property into a cemetery, and made sows attempts to get up a company for the purpose, but without success. Held (reversing the decision of the Vice-Ghance Hor) thai upon the question of practice, the vnjunctian ought not to have been granted, for there wets no such threat or intention to use any part of the ground for a cemetery, assuming such use to he unlawful, as required the interposition of the court by injunction to prevent it. In the year 1865, the defendant, under the pro- visions of the Burials Act, obtained the consent of the then Home Secretary to the appropriation of Ley ton -park to the purposes of a cemetery. His attempts had failed, they had been discontinued for a scries of years, and there was no intention of renewing them.
Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. And notice was further giyen to the said mayor, aldermen, and burgesses that unless they agreed to pay the sum of money thereinbefore claimed it was the desire of the said Adolphus Uliok Wombwe U, and he thereby elected that the amount to be paid in respect of the said claims should be settled by arbitration in the manner prescribed in "the Lands Clauses Consolidation Act 1845;" and that the said Adolphus Ulick Wombwell had by writing under his hand bearing eren date with the notioe now in recital nominated and appointed Samuel Dickinson Martin, of Leeds, in the county of York, to be the arbi- trator on behidf of himself and the said other partaee in the matters aforesaid, and did thereby request the said mayor, aldermen, and burgeeeea to nominate and appoint some person to aot as arbitrator on their behalf in the said matters. 1875, under the hand of the said Adolphus Ulick Wombwell, he, ^e said Adolphus Uliok Wombwell, in pursuance of the pro Tisions of the Lands Clauses Consolidation Aot 1845, nominated and appointed the said Samuel Dickin- son Martin to be the arbitrator on his behalf of and 1£AQISTRA. The access of one shop to the other being closed at night, and this being shown to have been the case here, I do not see anything to prevent a draper carrying on the business of a grocer, provided that the premises upon which the sale of liquor takes place are sufficiently divided from those in which no liquor is sold at al L" Here there is no division at all ; the grocer's shop whioh was open during prohibit^ hours being the actual premises licensed for the sale of intoxicating liquors. And whereas by a notioe in writing dated the 29tk Oot. The case is one of some difficulty and complexity, the question being whether the object of the statute was to change the liability of parishes, or to throw the obligation to repair upon the surveyor. Merewether assumes, and he is bound to assame, that the defendants are liable to an indictment, but he has fiuled to make out his case. It was admitted at the hearing that the appel- lant did hold a second-class season ticket from Brentwood Station to Liverpool-street Station on the respondents* railway. No doubt can be entertained that for nearly two centuries succeeding 1662 the public and official acts of the bishops and clergy of the Church, and of all other persons, were in- consistent with the supposition that the Rubric of 1662 had made any change in the law. This list does not include any articles of the year 1662 except those of Bishops Hacket, of Lichfield, and Henchman, of Salisbury, who both expressly refer to the Act of Uniformity of that year. and Orackna U, for the plaintiff; and Humphry, for some of the next-of-kin. Unpaid purohase-money cannot be given to charities, because it is an interest in the land within the Statute of Mort* main. Therefore, pro tanto, the premiam is purohase-money : it is pur- chase-money for a limited interest. This a^n provides for the secured creditor giving up his security " to the trustee," and, again, sect. Wi U—Eailway compawy--Mortg*d Eldon there decided it. The first decision is clear and plain, and is in favour of the deben- tures not being within the Statute of Mortmain. C, is directly, in plain terms, and not only in spirit, opposed to it. He recognises the principle which had then been established that shares in a railway company were not within the Statute of Mort- main, and then he says, " But with regard to mortgages of the undertakines and of the tolls, these interests proceed directly from the corpora- tion, and appear to me to constitute a charge or encumbrance affecting lands, tenements, or other hereditaments, or some estate or interest therein," which are the words of the Statute of Mortmain. In 1877 the plaintiffs wrote to tlhe defendant, threatening to )troceed against him for an injunction, unless he gave an undertaking not to use any part of the land for a cemetery. The defendant made some attempts to establish a company, but without success, and nothing further was done in the matter until the year 1876, when the subject was again mooted. It appears to me, also, that the plaintiffs cannot say that they ; oould not rely on the assurance of the defendant. were described in the will as being secured upon stock of the Midland Bail way Company.
We encourage the use of public domain materials for these purposes and may be able to help. The Nene Outfall Commissioners, under the said Act, became the owners of the whole of Central Wingland, and on the 20th Aug. 615.) Bishop Henchman, in 1664 (then translated to London), and Bishop Pearson, of Chester, in 1674, used this form: Art. Bishops Morley and Henchman were two of the three pre- lates (Archbishop Sheldon being the third), who are stated by Baxter (Life and Times, 171-2), to have ''managed all things" at the Savoy (Con- ference. 276-9), directs them to require that all parsons, vicars, and curates, " in the time of their officia- ting, ever make use of and wear their priestly habit, the surplice and hood." Archbishop Sancroft, in 1686, also used Bishop Morley's form under the head *' Concerning churches ; " and under that •* Concerning the clergy," his 7th article runs thus : " Doth your parson, vicar, or curate read Divine Service on a Jl Sunday, and publicly ad- minister the Holy Sacraments of Baptism and the Eucharist, and perform all other ministerial offices and duties, in such manner and form as is directed by the Book of Gommoii Prayer lately established, and the Act of Unif ormitjr therewith published • • • without addition, diminution, or alteration P And doth he in those Ids ministrations wear the snxplioe, with a hood or tippet befitting bis degree P " (Ibid., p. It was not disputed at the Bar that the subsequent praolioe in parish and noa« collegiate ohurchee t Ul about 1840 or later waa uniformly consistent with this view of the law. It IS abundantly clear that, if any person had imagined that the Prajrer Book of 1662 introduced a change on this subject, there were very many who would gladly have acted on it. 19, said: *'Were the language of the statute obscure, instead of being clear, we should not be justified in differing from the construction put upon it by contemporaneous MAGISTRATES' OASES. There does not, therefore, appear in the Book of 1549 to be any imperative direction as to the use of the surplice or any other vesture in the marria^ service, m the churchinf^ of women, or by ministers assisting the bishop m the office of Confirmation, in the Commination Service, or in the saying of the Litany, which in that book was not connected with Matins or Evensong. There would have been no privity of bstate, because no estate had been assigned, as the lease had not been ffrantec P. It is a matter of public policy, a matter of political economy. In exercising those powers they pur- chased land and erected works, and consequently acquired a power to charge the works, rents, rates, or whatever else was necessary in order to accom- plish the purposes of their Act, not for their own benefit, not in the slightest degree for their own profit, for it could not be said that it was a trading concern in any sense. The words used for the purpose were proper legal words, ^t authorised donors or testators to give or devise, and it authorised the charitable corpora- tion to accept and hold. except by deed, properly executed and attested by four witnesses twelve months before the death of the donor and enrolled. Oar client does not intend to give up any of his legal rights, and we observe yoior letter id only written the day sf ter the result of the public agitation at Leyton is known. that BO put of our o Hent's Uuid within 100 yards of any dwe Ding honie woold be nsad as a oemetory, nnless no had taken the neoeesary steps presoribed by the Act. As I andersta Dd the law, they could not, before these Acts, have prevented their neighbours from using their fee- simple properties for the purposes of burial unless such user amounted to a nuisance; but when these Acts were passed, which gave certain benefits to the public, and impose certain restrictions on landowners as regarded the use of their land for the purposes of burial, with a view to the health of the pnblic, it was thought right also to give landowners some privileges, and one privilege given by 15 & 16 Vict. Therefore all that is prohibited is the use for burials of the ground within the distance. Solicitors: Co Uyer-Brietow, Withers, and Bus- •e U; Lawless and Co, HIGH COURT OF JUSTICE.
Maintain attribution Tht Goog Xt "watermark" you see on each file is essential for in forming people about this project and helping them find additional materials through Google Book Search. Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. 1840, they sold by auction, under conditions of sale, a portion of their said land adjoining the road in question. 7 (concerning churches, &c.) : The same as Bishop Morley's. 4 (concerning ministers): "Doth your minister, in the morning and evening service, in the administration of the Sacraments, and in per- forming other relifi^ous offices appointed by the Church of England, use the respective forms in the Book of Common Prayer, toc^ether with all those rites and ceremonies which are enjoined in this Church ; and doth he make use of the surplice when he reads Divine Service or administers the Sacraments? Archbisbop Sheldon, in his circular letter to the official of his diocese in 1670 (2 Card. As public declarations of what was understood to be tne state of the law shortly after the completion of the Revision in 1662, tb^ir Lordships may refer, in the first plaoe, to the* statement of Bishop Sparrow. He had been one of the Commissioners at the Savoy Conference. The Bubric proposed by them to be substicuted for the Omamenta Bubrio may be taken to be a statement of what, at that time, was understood to be the state of the law : " Whoroas the sarplioe is appointed te be used by all minis- ters in performm^ Divine offices, it ia hereby declared that it is continued only as bein^ an antient and decent habit. No instance given of any person having acted on it. These omissions, however, were filled up bj^ the adver- tisements issued under the statute which provided that every minister saying any public prayers, or ministering the Sacraments, or other rites of the Church, should wear a comely surplice. What then would have been the ranedy P In my opinion the remedy which every vendor has. "It is against the interests of the Republic that land should be held in dead hands inedienable." That is a most wholesome law, which I believe exists in almost all civilized countries. None of the attri- bntes of a trading concern could apply to the waterworks company in that case, and they, for the purpose oi performing their duties under the Act of Parliament, borrow money and then they secure the repayment of that money by stating in the instrument that they have bor- rowed money upon the credit of the works, rents, and rates authorised to be erected, reserved, and so on, and they grant and assign such proportion of the said works, rents, and rates as may be necessary for the purpose. The recitals show that the meaning of the Act was to dispose of the licence in mortmain. In other words it absolutely destroys the powers until that time possessed by men in England of devising land by will to charitable purposes. We presume, therefore, that you deferred writing or taking anv steps till yon saw how our client was situated, and that the threat to commence immediate proceedings is only another step taken by yen, doubtless, at the request of others, and really without the slightest aeoessily. Tour olient has rested for eleren years without raisingr the question before, and we do not see that there is any probability at present of any cemetery beinv established a^t Loyto D, bnti as before stated^ onr olient declines to be dictated to in tiie matter, atad will not give up any of his legal rights, although he may ne Ver wish to ezsroiae ihem, and may neter be in a position to form a oemetei^ in the spot approved by the Home Secretary. 9 ; not only could no burials take place, but no ground within 100 yards of a dwelling-house could be used for the purposes of a cemetery. I cannot find any pretence for saying that there is any prohibition as regards any ground beyond the distance, and therefore, so far as the injunction extends to pro- hibit the use of the ground as a burial ground beyond the distance, I find nothing in the Act of Parliament to warrant it. then, what is the meaning of the words " used for burials P " On the one side it is said they mean used as a cemetery, and have the same effect as the words which were in the former Act, "appropriated as a burial ground, or as an addition to a burial ground." The mere appropriation was pro- hibited by those words, but in the present Act we have different words.
Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 1875, under the hand of Charles Newman, of Bamal^ aforeaaid, gentleman, aa agent for and on behalf of the aaid Adolphna Uliok Wombwell, addreaaed to the aaid mayor, aldermen, and bnrgeaaea, it waa Btated that the aaid Adolphna Uliok Wombwe)! The soil of Central Wingland was vested by the Nene Outfall Act in oommissionera, and declarei to be extra-parochial for ever. 19, Central Wingland became a parish for the purposes of the poor-rate and other specific purposes set forth in the second aeoti Qa of tnat Act. 859), which is the founda- tion of all the authorities on the subject. It was also admitted that the train in which the defendant was travelling started from. During the twenty-five years immediately succeeding the legislation of 1662, we have a *^eries of visitation articles (those of fifteen bishops and one arch- bishop, of thirteen dioceses, printed either at length or by collation with Bishop Morley's form, in the appendix to the second report of the Ritual Commissioners, pp. Upon the point in question Bishop Hacket inquires in 1662 thus: "Have you a decent surplice, one or more, for your parson, vicar, curate, or lecturer to wear in the time of all public ministrations ? Now is this premium purchase-money or is it rent P If it is rent, it is regulated by the case of Brook V. That was the case of a mining lease, reserving a surface rent, and a large i SUlitioiuil rent of 7502. At the death of the testatrix a portion of this additional rent was in arrear. Suppose no rent had been received ; suppose a lease nad been granted in consideration of 6002. 40 speaks of a secured creditor "giving up his security." The giving up is, in each case, to be a ffiving up to the trustee ; and I am of opinion that tne result of such giving up is to put the trustee exactly in the position of the person who has given up, and consequently that the giving up is not to confer any special advantage on subsequent incumbrancers. Bykee, (Before Yiee-Ghance Uor Bacow.) Thu/reday, July 19, 1877. It is un- necessary to go through the other cases which have been mentioned, in which there arises a plain difference of opinion between the judges. Then he say8,"Tn my opinion they do directly and immediately charge hereditaments, naively, the tolls, if not the land itself by the nse of which the tolls are obtained ; and, if so, they are within the words of the 3rd section of the Act which has occasioned the bulk of the decisions that are sometimes complained of. after alluding to the decisions as to shares not being within the statute, " It was, however, different in the case of an express assignment of the tolls which the c(»mpai! The tolls did not belong to any individual shareholder, but they belonged to the company ; and the com- pany, by their assignment, placed their mortgagee in the same position, and gave him the same right as they had themselves. or through the hands of a receiver, might take the tolls, had acquired a direct interest in land within the meaning of the statute. The defendant replied thai he had no present intention of converting his property into a cemetery, but declined to give the required undertaking ; if, however, at any future lime he should wish to use his property as a cemetery he would give the plaintiffs two months' (a) B«port6d bj £• 8. Some of the inhabitants of the district opposed the scheme, and endeavoured to induce the Home Secretary to withdraw the approral whioh had been given by his predecessor in 1865. 9, as enabling an owner of a house within 100 yards from a site to prevent such site being used as a burial ground. So far from that being the case, tbey offered to take his assurance in writing if he would give the assurance to the full extent they demanded, so that they did not come into court saying, we can- not tru Ht the defendant. 1873, amongst other gifts and bequests, be- queathed the sum of 1500Z. The testator died on the 28&h May 1874, and the only Midland Bailway Stock of which he was possessed at the time of his death proved to be debenture stock.
Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. ol Mmed an eatate for life in the aaid landa, and further that the aaid Adolphna Uliok Wombwell, on behalf of himaelf and the other partiea entitled and capable of making a oonveyanoe or the fee aimple in poaaeaaion of the lands apeoified in the aaid notice^ olaimed the snm of 80,0002. These commissioners sold portions of the soil on condition that the purchasers would repair in proportion to their frontages. But highway rates are cer- tainly not included in that section. Mere- wether, however, contends that by sect 32 of the Highway Act 1862, the liability is thrown upon the defendants. The place was never a parish for any purpose till the passing of 20 Yict. 19, which was passed to obviate the many difficulties which arose from the chain of communication being broken up by extraparochial places, but though it applied to many public purposes, it did not refer to high- ways. 6 of the Sale of Food and Drugs Act 1875, for se Uvng to the pre' judice of the purchaser an article of food which was not of the nature, substance, and quality of the article demanded. Colchester, and that the fare from that place was 7s. more than the fare from Brentwood, the place from which the season ticket was available. 609, 611, 615, 632, 639, 642, 645, 649, 653-4), which prove conclusively that those whose official duty it was to see the law observed, and of whose strictness in the per- formance of that duty the same articles supply abundant evidence, understood the law still to be 32 MAGISTRATES' OASES. Hath he read the Book of Common Prayer as it is enjoined by the late Act of Uniformity for public prayer, administration of the Sacrament, ^., on some Sunday before the 24th Aug. There would be no safety for property or liberty, if it could be sac- eessf ally contended that all law^rers and statesmen have been mistaken for oentnries as to the trae meanins of an old Act of Parliament." Chief Baron rollock, with reference to the maxim, " Contemporanea easpoaitio fartisnma est in lege" said: "The rale amounts to no more than this, that if the Act be susceptible of the interpretation which has thus been put upon it by long usage, the court will not disturb that construction." Dr. The Master of the Bolls dedded that it was rent, not unpaid purchase-money ; and, therefore, could be given to charitable purposes. Ha U is also a decision that rent can be given for charitable purposes. premium for thirty-one years at a peppercorn rent, what would the 6001. And if it is purchase-money for the lease, then there is a lien on the land to recover it. On the other hand, it will work them no disadvantage. I allude more particularlv to the decision of Lord Langdale in the case of Walker v. Upon this point I dissent, though most re- spectfully, yet so strongly, from the decision of toe Master of the Eolls that I ought, I think, to de- part from it." That case was argued before Knight Bruce, V. by Sir William Page Wood, as I gather from the report, and at a later period Wood, V. decided Be Langhan Ca Trusts, in which he seems to baye followed that, but not without considerable hesitation. In certain events the mortgagee would be entitled to have a receiver of the tolls appointed ; and a party who personally, Mah. Without going to the extent of some former cases upon this point, he knew of no authority for saying that a security which gave a direct right or charge upon a property, which was in fact land, could be made the subject of a charitable bequest." That brings it round then to this point — the shareholders' in- terest in the undertaking is not within the Statute of Mortmain. This, however, he refused to do, stating that he was advised that he had no power to withdraw an approval once given, and referred Lord Cowley to the 18 & 19 Yict. On the 23i^ March 1877, the solicitors of the plaintiffs wrote to the defendant threatening to proceed against him for an injunction. It seems to me, accord- ing to the ordinary practice of the court, that there was no cause either for bringing the action or for granting the injunction, and on this ground alone it ought to be dissolved. to the feoffees of Market Harborough, upon trust to apply the interest of 1200^ in the pu Aiase of meat, bread, and coals, to be distributed amongst the poor of Market Harborough above forty years of age, in sach proportions as the feoffees should think right, and to pay the interest of 2001, to the church and chapels of dissenters' Sunday schools. to to the corporation of Brighton, upon trust to apply the interest arising from it in the purchase of meat, bread, and coals for the poor of Brighton above fifty years of age, in such proportions as the corporation should think right. The plaintiff, who was the executor of the will, instituted this suit for the administration of the estate, and one of the questions for the considera- tion of the court was whether or not the bequests of debenture stock were yoid under the Statute of Mortmain.
Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Under the ninth of the said conditions of sale the purchasers were required to enter into certain covenants to repair the highway according to their frontages. 19, Central Wingfield has been added to the Holbeach Union by an order of the Poor Law Board, dated 2nd May 1866, and an overseer and a guardian were appointed from time to time. 5 : Any parish, township, tithing, hamlet, or other plaoe having a known legal boundary in which there are no highways repairable at the expense of the plaoe, or In MAGISTRATES' OASES. In 1665 he published his '* Bationale " of the Book of Common Prayer, which then contained notihing as to the Ornaments Bubric or the omamenta of the minister. But ii any minister shall declare to his bishop that he cannot satisfye his conscienoe in the use of the surplioe, in that case the bishop shall dispense with his not using it," Sao. On the other hand, every one continued to aot according to the old law although, if the argu- ment of the appellant is correct, every one in so doing was actmg illegally. If, there- fore, the Act and the advertisements are read in connection with the Bubric, the use in the latter of the words "at all times of their ministration " may be justified : whereas those words woald be inaccurate if applied merely to the Prayer Book of 1549. men, which they admit preva Ued up to and at the time at which they wrote. 3)— Oharitdble bequest— Premium on granting a lease, A premium reserved on granting a lease is an estate or interest in land within the Stait Ue of Mortmain. Cordelia Angelica Bead, bv her will dated the 18t L Dec. She might recover the money by a sale of the property out of which the money was payable; in this case by a sale of the lease for thirty-on^ years. The mortgaaor filed a Uqf Uc Uxtion peii Hon, under whidh hia affaa/re were liquidated oy arrangement. But there has grown up in this country of ours things totally different either from the monastic estc£- * lishment, or any other encroachments made by incorporated companies; and by the autho- rity of the Legislature an incorporated company is entitled to hold in what may be saia to be the dead hand the land which is necessary for them to complete their undertaking. C, in considering all the cases that had gone before, and expressing a strong opinion upon them, although convinced of the necessity of adhering to those cases and obeying the decisions as far as he was called upon to pro- nounce upon the case, neverr.heless, seems to have been struck with the inconvenience — I was going to say absurdity — of applying the Law of Mortmain toa trading company, as indeed nobody can suggest a reason why it should be appli*d to a trading com- pany. Tke London, Chathatn, and Dover Railway Com- pamj (sup.), he felt himself relieved altogether from the weight of the former decisions, and that it waj unnecessary for him to endeavour to reconcile the K 66 MAGISTRATES' CASES. What kind of resem- blance is there between that and an incorporated company, incorporated for the purposes of trade, authorised to acquire land for the purposes of trade, which, but for their Act of Parliament, they could not acquire, and giving a variety of direc- tions, which are contained in the statute relating to them, to carry on the business of common car- riers and the other business connected with rail- way companies? The state of the law showed this quite conclusively, that at that time there was no legal prohibition which prevented intending donors devising land by will to charitable uses. Why this should not apply to this charitable corporation, as well as every other charitable corporation, I am at a loss to conceive. You can quite understand that the pnblio inquiry was harassing enough to Mr. There is no neoessi^ whatever for %iiy proceedings being taken, •s one olient, under our advice, would not form it into a cemetery without ascertaining that all the provisions in the Act, and approval had been complied with. They ulso submitted that the defendant's insisting on his right to use the ground as a cemetery was, under the circumstances, such a threatening and intending to do so as to justify the court in granting the protection claimed by the plaintiffs. Now the words ** used for burials ** are words commonly understood to refer, and which properly refer to actual burials within the ground, and tbey are so used over and over again in various of the former Act, to which the Lord Chief Justice has directed my attention, so that we find a change uf words com- bined with a change of distance. 12, changed the distance to 100 yards ; and the last Act uses different words to denote the Act prohibited.
Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. Pursuant to the said ninth condition of sale, Thomas Pear made an award dated 7th Dec. The purchasers of the said lands entered into the covenants required by the said ninth condition of sale by a deed of covenant, dated 9th Jan. [Deed put in.] The highway in question was set out or commenced to be set oat under the direction of the said Thomas Pear, in the year 1843. In May 1875, Joseph Faulkner was appointed surveyor of highways for Central Wingland by the justices of the parts of Holland, in Lincolnshire, under the provisions of the High- way Acts. The road in question was at the time of the trial and had been for some time out of repair. 1876, the prosecutor took out a sum- mons against Joseph Faulkner, as such overseer as aforesaid in respect of the non-repair of such highway. In 1684, after the revision, he published a new edition, and thus (p. ''The minister in time of his ministration shall use such omamenta as were in use in the 2nd Edward YI.» Bubric 2, vie., a surplioe in the ordinary ministration of the Holy Communion in cathedral and oo Uegiate ohurohes — Queen Eliza- beth's Articles, set forth in the seventh year of her reign." Their Lordships may further refer to the alterations proposed by the commissioners of 1689 appointed to revise the Prayer Book, with a view to the relief of Dissenters (H. And the "Bill of Comprebension^ introduced into Parliament by the Idngfs authori W about the same time contained a clausel ^S. The practice, — con- sistent with the old law, inconsistent with the argument of the appellant, — has been uniform, open, continuous, and under authoritative sanc- tion. The learned counsel for the appellant, in theeourse of their argument, placed considerable re- liance on passages in certain books published da ring the eighteenth, and in the present centuries by writers who, however learned, were not entitled to speak with any legal authority, and some of whom appear to have expressed opinions adverse to the legality of the usage as to the vestures of clergy- Ma«. It would, in the opinions of their Lordships, be contrary to well- settled principles of law to admit private opinions to control the legal interpretations of public docu- ments, or the le^ inferences from puolic acts or usage ; but it may be not without advantage to point out the circumstances under which tbe opinion of these writers appear to have been ex- pressed. ments, or on some conclt Lsions as to matters of fact, with respect to which, as they in Tolved no qaestion of peccdiar ecclesiastical learning, his authority was certainly not g^reater than that of any other man. The sohednle contains eleven descriptions of persons, the first ten of which we may dismiss as not applicable to the present case. 1858, gave and bequeathed to the treasurer for the time being of the Hospital for the Cure of Consumption, at Brompton, Middle- sex, certain personal property therein mentioned, "and all other her personal estate and effects, which she could by law bequeath to such an institution." The testatrix died in Deo. In this case, therefore, I am of opinion that the testatrix had a lien upon the land for the 600Z. (Before Yice-Chancellor Hall.) Saturday^ Jul/y 14, 1877. (a) Bamhmpi&y — Secwred creditor g Mng up aeewri Pjf — 8ub$eqwmt inoumhranoore, A. A, proved m the liquidation for the full amount of hia debt, pivmg v/p hie eeewr Oy. 1872, Turnley mortgaged the same property to the plaintiffs to secare 5500L and interest. They are the owners, no doubt, of the land, but they are owners . They are owners of land in order that they may by its possession carry on a commercial undertaking. The Vice- Chance nor (Hall) keeps this steadily in view in his judgment, and in commenting upon those cases which had pre- ceded it, and some of which were in conflict, he says this (p. There may also well be distinctions be- tween shares in one company and in another, though the number of persons constituting each company would not affect the question. The purpose and meaning of that Act, therefore, are perfectly plain and clear. It is not strictly in pari mc Ueria at all, though no doubt, it was in the same line of policy as the Mortmain Acts, but it does not deprive men of the power of devising which it had been found in practice had been abused. Byas without having thieats of chancery suits or other proceedings, and we need enly say MAGIS1? The plaintiffs' solicitors replied as follows : Ton state that Mr. The appropria- tion was prohibited within 200 yards ; the Act 17 & 18 Yict. Therefore we come to this, that the Legislature has taken away to a certain extent the privilege before granted to landowners, for it has changed the original 200 yards into 100, and it appears to me it has altered it in another by saying in fact, " All the protection you want is a protection against nuisance ; if so much of the cemetery as is within 100 yards of your house is laid out as a park, or garden, or a chapel, or for some other purpose of that kind, and not for actual burials, we do not intend to give you the right to prohibit its being so used, because such use does not hurt you ;" and it must be remembered that under tho first Act there is an express provision (sect.
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Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. It was contended by the defendants that this appointment was invalid. The said Joseph Faulkner appeared at Spalding, on Feb. 9 : The justices in petty session B may appoint overseers, or otherwise deal with any extra-parochial place with a view to constituting it a highway parish or part of a highway parish, in the same manner as the juetioes may deal with such place for the purpose of constituting it a place or part of a plaoe maintaining its own poor, in pur- suance of the powers for that purpose given by 20 Vict. What, then, in a question of this nature, is the weight in law of such contemporaneous and continual usage P Their Lordships may take the answer to the question from the words, either of Lord Campbell, in Qorham v. B., 73, 74) ; or of Chief Baron Pollock in Pochin V. One of the books referred to by the ap- pellant's counsel was Dr. After the Restoration, Cosin was made Bishop of Durham ; and in his Yisitation Articles of 1662, already mentioned (which may be assumed, according to the appellant's argument, to have been anterior to St. The eleventh refers to persons with foreign or colonial qualifications, and is as follows : [The learned judge here read the eleventh head or description of persons contained in Schedule A.] Now did tne defendant pretend that he fell within the first head, or within the eleventh, as a " doctor of medicine of an^ foreign or colonial university or college," practising as a physician in the United Kin^om before the Ist of October 1858 P If he did not, then he is not liable under this charge. 1871 ; and the bill in this suit was filed, for the administration of her estate in May 1872, by her surviving executor. 1872» directed (amongst other things) an inquirv what parts of the testatrix's estate, either capital or income, passed to the defendants, the President and Governor of the Brompton Hospital, under the bequest in her will. By an agreement dated the 1st July 1857, and made between the testatrix of the one part, and John Walkor and Charles H. — The premium, and the interest thereon, is in the nature of unpaid porohase- money. premium ; that the premium is pur- chase-money pro tanto, and, therefore, could not be given for charitable purposes. B, did not prove in the hqwdation, Hdd, that the^ henefil of A* a mortgage had paased to the trustee in the liquidation, and waa kept alive for the benefit of the general creditor a ; and waa noi merged in the equity of redemption of the mortgaged premiaeafor the benefit of B. I87I9 Joseph Tumley mortgaged real estate at Selhnrst, in the county of Sarrey, subject to cer- tain prior mortgages, to Diana Msiy Heance Pellowe, to secure 15002. In March 1874, he filed a petition in the London Bteikmptcy Court for liquidation of his affairs by arrvageinent^ and resoludons for such liquidation were subsequently duly passed and registered. Dbavb« SNm BHxisl««t-Iaw» Diana Pellowe proved under the liquidation for the fall amount of the sum secured by her mort- gage, giving up her security. The difference between baying land and making a dock and getting from the Legislature authority to levy tolls upon the persons who make use of their property ; the difference between that and a trading company that carries on the business of common carriers, and is engaged in various other undertakings is perfectly obvious and cannot be questioned. 669) : " There is, however, a distinc- tion between the case of shares and bonds which was recognised by Lord St. A partner in an ordinary company has no interest in land vested in the company within the Statute of Mort- main, and this may be said as to shares, what- ever be the constitution of the company." Then his Lordship refers, as I will imme- diately, to the judgment in Gardner v. Then there comes a general Act, and the object of the general Act ** the Charitable Uses Act" is to protect heirs from being disinherited or to use the words of the Aot, "This public mischief has of late greatly increased by very larcre and improvident alienations or dis- positions by languishing or dying persons as by other persons to uses called charitable uses to take Elace af Ver their death to the disinherison of their Lwful heirs, for the remedy whereof be it enacted," BO that the Act is for the benefit of the lawful heirs, and what it enacted in substance is this, that you shall not give lands to charitable uses L 74 MAGISTRATES' GASES. It seems to me that up to this point the case is quite unarguable, the licence in mortmain having nothing to do with the provisions of the Mort- main Act. Solicitors: Deane, Ohuhb, and Oo., agent for Pridkam, Woo Ucomhe, and Pridham, Plymouth ; Hare and Fell. Byas declines to be dictated to in the matter, and will not give up any of his legal righta, although he may never wish to exercise them, and you add, that he would not form the land into a cemetery without ascertaining that all the provisions of the act, and the approval had been complied with. 30) enabling the burial board to lay out and embellish the burial ground, and also to erect a chapel upon any portion of it, showing that the Le^slature were well aware that the whole of the bnnal ground was not used for the purposes of actual burial.