 | Great Britain. Courts - 1809 - 618 pagina’s
...defendant ought clearly to be found guilty. The king's highway is not to be ufed as a ftable-yard. It is immaterial how long the practice may have prevailed, for no length of time will legitimate a nuifance. The ftell fifhery acrofs the river at Carlifle had been eftabliflied for a vaft number of... | |
 | Samuel Raynes - 1826 - 268 pagina’s
...for it is against law to prescribe for a nuisance. And Lord Kllenborough, CJ said, in a late case, " It is immaterial how long the practice may have prevailed, for no length of time will legitimate a nuisance ; and vide Rex. v. Cross, 3 Camp. 227- But in some cases length of time may concur with other circumstances... | |
 | Charles Petersdorff - 1831 - 542 pagina’s
...defendant ougbi clearly to be found guilty. The King's high way is not to be used as a siable-yard. It is immaterial how long the practice may have prevailed, for no length of time- will legalize a nuisance, A stage coach iray set down or lake up passengers in the street, this being necessary... | |
 | Great Britain, Leonard Shelford - 1835 - 246 pagina’s
...of a highway to 4^e Nuisance« to annoyance of the king's suhjects, is an "»dictahle offence, and it is immaterial how long the practice may have prevailed,...for no length of time will legitimate a nuisance, (Rex v. Cross, 3 Camp. 226. See 7 East, 199,) although it ¡s said that an acquiescence for fifty years... | |
 | 1842 - 346 pagina’s
...acquiescence. 2nd. That no * Davidson v. Glenny, 6 March, 1835, 13 Shaw and Dunlop, 624. f The doctrine ia England seems to be, that a private nuisance may prescribe,...may be exceptions to the rule, viz., Rex v. Smith, 4 Ksp., 109. This, however, was rather a question of competing privileges, than of nuisance in its sense... | |
 | Great Britain. Poor Law Commissioners - 1842 - 376 pagina’s
...but that a public nuisance, being an offence, cannot. In the words of Lord Ellenborough (in Rex ». Cross, 3 Camp., 227), " It is immaterial how long...that there may be exceptions to the rule, viz., Rex ». Smith, 4 Ksp., 109. This, however, was rather a question of competing privileges, than of nuisance... | |
 | William Oldnall Russell - 1843 - 1068 pagina’s
...it is against law to prescribe for a nuisance, (e) And Lord Ellenborough, CJ, said, in one case, " It is immaterial how long the practice may have prevailed,...for no length of time will legitimate a nuisance. The stell fishery across the nver at Carlisle had been established for a vast number of years, but... | |
 | Benjamin Chaplin Pressley - 1848 - 552 pagina’s
...for it is against law to prescribe for a nuisance. And Lord Ellenborough, CJ, said in a late case, " It is immaterial how long the practice may have prevailed,...for no length of time will legitimate a nuisance. The stell fishery across the river at Carlisle, had been established for a vast number of years. But... | |
 | Joshua Toulmin Smith - 1848 - 172 pagina’s
...indict and so abate it, through any number of years. It was declared (q), by Lord Ellenborough, that " it is immaterial how long the practice may have prevailed,...for no length of time will legitimate a nuisance" (r). Nor have the courts of law been at all disposed of late years to relax the strictness of the ancient... | |
 | Joshua Toulmin Smith - 1857 - 712 pagina’s
...Parliament, it does not relieve the doer from liability, if it prove a nuisance ;§ ,and, moreover, that "it is immaterial how long the practice may have prevailed,...length of time will legitimate a nuisance :"|| " there cannot be any prescription for a nuisance."^ The general principles that will be perceived to run through... | |
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It is immaterial how long the practice may have prevailed, for no length of time will legitimate a nuisance. 
