A Treatise On the Law of Injunctions
A Treatise On the Law of Injunctions
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It has also been out trial. Said, that there is no instance of the coiu't holding it a nuisance, and therefore enjoining it "without trial (J)). This proposition, however, it is submitted, is laid down too extensively ; for though some orders of Lord Jeffries, who, on petition, restrained persons from proceeding in buildings which would intercept the prospect from Gray's Inn Gardens, may not be considered as authorities (c), yet in all the cases cited from Lord Hale, and in the modern decisions... in the Exchequer, which, although purprestures, were also nuisances, the decrees were made without any trial. Lord Hale also, in another part of the treatise, in enumerating the various nuisances which may be committed to harbours, notices but one in which a trial is necessary, and this not on the ground of any want of jurisdiction in the court to restrain a nui- sance in general without a previous verdict, but be- cause in that particular case, (viz. The straitening a port or harbour by building too far into the water), it is a question of fact, whether the matter com- plained of is or is not a nuisance ; for, as he observes, in many cases it is an advantage to the port to keep (a) Minute Book, 1662, fol.
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To quickly assess the difficulty of the text, read a short excerpt:
It has also been out trial. Said, that there is no instance of the coiu't holding it a nuisance, and therefore enjoining it "without trial (J)). This proposition, however, it is submitted, is laid down too extensively ; for though some orders of Lord Jeffries, who, on petition, restrained persons from proceeding in buildings which would intercept the prospect from Gray's Inn Gardens, may not be considered as authorities (c), yet in all the cases cited from Lord Hale, and in the modern decisions... in the Exchequer, which, although purprestures, were also nuisances, the decrees were made without any trial. Lord Hale also, in another part of the treatise, in enumerating the various nuisances which may be committed to harbours, notices but one in which a trial is necessary, and this not on the ground of any want of jurisdiction in the court to restrain a nui- sance in general without a previous verdict, but be- cause in that particular case, (viz. The straitening a port or harbour by building too far into the water), it is a question of fact, whether the matter com- plained of is or is not a nuisance ; for, as he observes, in many cases it is an advantage to the port to keep (a) Minute Book, 1662, fol.
What to read after A Treatise On the Law of Injunctions?
You can find similar books in the "Read Also" column, or choose other free books by Robert Henley Eden Henley to read onlineMoreLess
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