 | Chauncey F. Black, Samuel B. Smith - Constitutional history - 1881 - 556 pages
...order that we may determine what is within and what is without its operative effect. Looking, then, to the common law, from whence came the right, which...more than two hundred years ago, in his treatise De Portibua Maris, (1 Harg. Law Tracts, 78,) and has been accepted without objection as an essential element... | |
 | Wisconsin State Agricultural Society - Agriculture - 1881 - 512 pages
...since the declaration of independence. Regarding the power to regulate, Chief Justice Waite said : " We find that when private property is affected with...two hundred years ago in his treatise ' De Portibus Afaris,' and has been accepted without objection as an essential element in the law of property ever... | |
 | Edward Lillie Pierce - Railroad law - 1881 - 684 pages
...order that we may determine what is within and what without its operative effect. Looking, then, to the common law, from whence came the right which the...affected with a public interest, it ceases to be juris jjn'iYi/i only.' This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise... | |
 | George Ticknor Curtis - Property - 1881 - 44 pages
...broad and unqualified terms. The dictum or statement of Lord Hale โ referred to by the court โ that when private property is affected with a public interest, it ceases to be juris privati only, is certainly an old truism of the common law. But it is none the less necessary to determine when,... | |
 | Robert Pinckney Harlow - Railroad law - 1881 - 44 pages
...in its principles and so rich in its illustrations, is a never-failing guide. Lord Ch. J. HALE says, when private property is " affected with a public interest, it ceases to be juris privati only." The application of this principle is well illustrated in what are called the Granger cases, the Chicago... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882 - 764 pages
...his own property when such regulation becomes necessary for the public good. . . . Looking, then, to the common law, from whence came the right which the...privati only. This was said by Lord Chief Justice HALK, . . . and has been accepted without objection as an essential element of the law of property... | |
 | Law - 1882 - 970 pages
...judge of what was reasonable.1 The principles upon which the power of regulation rest are, that where private property is affected with a public interest it ceases to be juris privati only. All the people and every species of property must be governed by certain laws, for the public good;... | |
 | Law - 1882 - 992 pages
...judge of what was reasonable.1 The principles upon which the power of regulation rest are, that where private property is affected with a public interest it ceases to be juris privati only. All the people and every species of property must be governed by certain laws, for the public good... | |
 | Law reports, digests, etc - 1884 - 676 pages
...of individual citizens, After quoting a remark attributed to Lord Chief Justice HALE, to the effect that when private property is "affected with a public interest it ceases to be juris privati only, " the court says : "Property does become clothed with a public interest when used in a manner to make... | |
 | David Rorer - Railroad law - 1884 - 996 pages
...order that we may determine what is within and what without its operative effect. Looking, then, to the common law, from whence came the right which the...is " affected with a public interest, it ceases to ะชั juris privati only.*' This was said by Lord Chief Justice Hale more than two hundred years ago,... | |
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... affected with a public interest it ceases to be juris privati only. 
