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, Σελίδα 10


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Σελίδα 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.
Σελίδα 235 - It is a modification of the ancient maxim, and amounts to this, that though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the Legislature. The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the Legislature has obviously used them, would comprehend.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 6 - 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...
Σελίδα 114 - Aqua currit et debet currere ut currere solebat' is the language of the law. Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain It, or give it another direction, and he must return It to its ordinary channel when it leaves his estate.
Σελίδα 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
Σελίδα 27 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. 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...

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