A Digest of English Civil Law; Law of Property, by Edward Jenks (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...Duberley v. Page (1788) 2 T. R. 391. (e) Duberley v. Page, ubi sup. Blewett v. Tregonning (1835) 3 A. & E, 554. (f) Co. Litt. 1 22 a. Sbuttleworth v. Le Fleming (1865) 19 C. B. N. S., at p. 709, per Curiam. It must be carefully noted, that the ownership of mines, i. e. mineral-bearing strata, is not an incorporeal but a corporeal hereditament, and cannot be claimed by prescription (Wilkinson v. Proud (1843) 11 M. & W. 33). Neither could it pass by grant before 1845 (P-f Sutherland v. Heathcote, ubi sup., at p. 483). It is the right to search for and take away minerals in and from the soil of another, which is incorporeal. 1260. Rights to fish (other than franchise or own-Fishing ership rights) are (i) several fishery in non-tidal waters, and (ii) common of piscary. The inconsistency in the use of words to describe fishing rights has been mentioned previously, and the practice adopted in this work explained (see ante, 1229, n.). 1261. A several fishery is the exclusive right of Several fishing in non-tidal water covering the soil of the ser-fisher3 vient tenement, and taking away the fish caught.W Such a right is presumed to include the ownership of the soil of the servient tenement; but this presumption may be rebutted.(b) (a) Co. Litt. 122 a. (b) Smith v. Kemp (1692) 2 Salk. 637, per Lord Holt, C. J. Scratton v. Brown (1825) 4 B. & C. 485. Holfordv. Bailey (1846) 8 Q. B. 1000. Marshallv. Ulleszvater Steam Navigation Co. (1863) 3 B. & S. 732. Fitzgerald v. Firbank 1897 2 Ch., at p. 101, per Lindley, L. J. Hanbury v. Jenkins 1901 2 Ch., at p. 411, per Buckley, L. J. This point has been the subject of acute controversy; and the rule in the text is alleged (e. g. by Cockburn, C. J., in Marshall v. Ulleswater, &c. Co., ubi sup., at p. ...