Observations on the Title to Lands Derived Through Inclosure Acts

J. & W.T. Clarke, 1827 - 167 頁

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第 87 頁 - ... and by the said award, should be binding and conclusive unto and upon all the parties interested ; and that immediately after the enrolment of the said award, all manner of tithes, ecclesiastical dues, duties, and payments of what nature or kind soever, arising, renewing, increasing, payable, or happening within or out of the lands or grounds thereby directed to be inclosed, or within the said ancient inclosed lands or grounds, or otherwise howsoever (except such surplice fees...
第 92 頁 - ... compensation shall be made, all such estate and interest as they, every, or any of them had and enjoyed of, in, to, or in respect of the said fields, common pastures, carrs, and waste grounds, or any of them, before the passing of this act, or could or might have had or enjoyed in case the same liad not been made ; but no such other person or persons, bodies politic or ,,„. corporate, his, her, or their heirs, 'executors, administrators, or succes...
第 33 頁 - ... and that the said several persons, and those claiming under them, should from thenceforth stand and be seised and possessed thereof respectively, to such and the same uses, and to and for such and the same estates, and subject to such and the same wills, limitations, conditions, settlements, provisoes, remainders, reversions, leases, debts, charges, and incumbrances, as the several messuages, cottages, lands, and grounds, in respect whereof such allotments were made to them...
第 70 頁 - ... circumstance it was not turned into tillage before ; upon the taking away that accidental circumstance, it shall pay tithes presently on being turned to tillage ; for the act does not consider the expence, but that, you may by possibility be paid, as by the timber, underwood, &c.
第 52 頁 - But unless It clearly appears that the testator meant to extend the word "appurtenances" beyond its technical sense, lands usually occupied with a house will not pass under a devise of a messuage with the appurtenances.
第 95 頁 - In private acts, in general, the legislature does nothing more than enable persons to enter into a contract, who could not otherwise enter into it; and the persons who are parties to the act, are expressly named in it; but here the legislature does a great deal more, it takes on itself to act on the land itself, to declare that it shall be discharged of tithes...
第 89 頁 - That is a question of law. Secondly, whether they have done so, that is a question of fact; and thirdly, supposing the commissioners have not made an allotment in lieu of tithes, whether the rector is barred from now claiming the tithes in kind.
第 42 頁 - Revocation of a devise by an exchange ; though the land after the death of the devisor was restored to his heir under an arrangement in consequence of a defect discovered in the title of the other party to the exchange.
第 105 頁 - In a late case, where the estate was sold without any notice, that it was recently allotted under an inclosure act and it appeared that the commissioners had not made their award, and the act contained no clause authorizing a sale before the award...
第 138 頁 - ... in and upon the same or any part thereof, with the name or names of the person or persons then in the actual possession thereof, and the particular computed quantities of the same respectively, and of what nature and extent such right is, and also in what right...