|
Hill V Tupper
''Hill v Tupper'' (1863) is an English land law case which did not find an easement in a commercial agreement, in this case, related to boat hire. Here, the agreed "exclusive" right was held not to be benefitting the land itself, but just for the business. It could not therefore be enforced directly against third parties competing. Facts The Basingstoke Canal Co gave Hill an exclusive contractual licence in his lease of Aldershot Wharf, Cottage and Boathouse to hire boats out. Hill did so regularly. Mr Tupper also occasionally allowed customers to use his boats by his Aldershot Inn to bathe or fish in the canal. Hill wished to stop Tupper from doing so. He sued Tupper, arguing that his lease gave him an exclusive easement and so a direct right to enforce it against third parties (rather than mere licence). Judgment Pollock CB held that the contract did not create any legal property right, and so there was no duty on Mr Tupper. If Hill wanted to stop Tupper, he would have to forc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Exchequer Chamber
The Court of Exchequer Chamber was an England, English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585. The court heard references from the Court of King's Bench (England), King's Bench, the Exchequer of Pleas, Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas (England), Court of Common Pleas. It was constituted of four judges belonging to the two courts that had been uninvolved at Court of first instance, first instance. In cases of exceptional importance such as the ''Case of Mines'' (1568) and ''ship money, R v Hampden'' (1637) twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties. Though further appeal to the Judicial functions of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Reports
The English Reports is a collection of judgments of the higher English courts between 1220 and 1866. Overview The reports are a selection of most nominate reports of judgments of the higher English courts between 1220 and 1866.Glanville Williams, Learning the Law, 11th Edition, 1982, Stevens, p.34; 13th Edition, 2006, Sweet and Maxwell, p.36 They reproduce many reports not from their original editions but from dependable, although not always verbatim, later editions and give a nominate report citation. It was published in 178 volumes gradually from 1900 to 1932 by Stevens & Sons in London and by William Green & Sons in Edinburgh. Citation of these reports For citation in most Commonwealth countries it is cited in written form as ''E.R.'', as in ''Planché'' v. ''Colburn'' (1831) 131 E.R. 305. Sometimes the original nominate report citation is also used in parallel. The compendium is sometimes cited in U.S. courts, where it is normally cited by using the original nominate repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martin B
Sir Samuel Martin Queen's Counsel, QC (1801 – 9 January 1883) was an Anglo-Irish politician and judge. Early life and education Martin was born in 1801, the son of Samuel Martin of Calmore, County Londonderry. He was educated at Trinity College Dublin, receiving a BA in 1821 and an MA in 1832. He became a student at Gray's Inn in 1821 and practiced as a special pleader. He transferred to the Middle Temple in 1826, and was called to the bar in 1830. In 1838, he married Frances Homera, the daughter of Sir Frederick Pollock, 1st Baronet, Sir Frederick Pollock, Lord Chief Baron of the Exchequer. She died on 19 April 1874, aged 56. Career Martin was active as a barrister on the Northern Circuit, and gained a reputation for skill. He took silk in 1845. He entered the British House of Commons, House of Commons for Pontefract (UK Parliament constituency), Pontefract in 1847 as a Liberal Party (UK), Liberal, after a closely fought contest. However, he only held the seat until 1850, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Exchequer Chamber Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1863 In British Law
Events January–March * January 1 – Abraham Lincoln signs the Emancipation Proclamation during the third year of the American Civil War, making the abolition of slavery in the Confederate states an official war goal. It proclaims the freedom of 3.1 million of the nation's four million slaves and immediately frees 50,000 of them, with the rest freed as Union armies advance. * January 2 – Lucius Tar Painting Master Company (''Teerfarbenfabrik Meirter Lucius''), predecessor of Hoechst, as a worldwide chemical manufacturing brand, founded in a suburb of Frankfurt am Main, Germany. * January 4 – The New Apostolic Church, a Christian and chiliastic church, is established in Hamburg, Germany. * January 7 – In the Swiss canton of Ticino, the village of Bedretto is partly destroyed and 29 killed, by an avalanche. * January 8 ** The Yorkshire County Cricket Club is founded at the Adelphi Hotel, in Sheffield, England. ** American Civil War & ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
