purpresture

Any erection thereon without license is, therefore, deemed an encroachment upon the property of the sovereign, or, as it is termed in the language of the law, a purpresture, which he may remove at pleasure, whether it tend to obstruct navigation or otherwise.

An inclosure by a private individual of a part of a common or public domain. According to Lord Coke, purpresture is a close or inclosure, that is, when one encroaches or makes several to himself that which ought to be in common to many; as, if an individual were to build between hig:h and low water mark on the side of a public river. In England this is a nuisance, and in cases of this kind an injunction will be granted, on ex parte affidavits, to restrain such a purpresture and nuisance. 2 Bouv. Inst, note 2382; 4 Bouv. Inst, note 3798; 2 Inst. 28. And see Skene de Verb. Sign.; Glanv. lib. 9, c. 11. p. 239, note; Spelman; Hale de Port Mar.; Harg. Tr. 84; 2 Anstr. 606; Callis, Sew. 174. PURPRISUM (Law Lat.; from Law Fr. pourpris, an inclosure). In old records. A close or inclosure. Cowell. The whole compass of a manor. Cowell. PURQ' (Law Fr. wherefore). A word used in old practice, at the end of pleas, argud'dons judgt, et prions nos da/n^', wherefore, for want of an answer, we demand judgment and pray our damages. The clause is sometimes abbreviated, purq', etc.

An enclosure by a private Individual of a part of a common or public domain. An inclosure by a private person of a part of that which belongs to, and ought to be open and free to the enjoyment of the public at large. Attorney General v. Booming Co., 34 Mich. 472; Grand Rapids v. Powers, 89 Mich. 94, 50 N. W. 661, 14 L. R. A. 498. 28 Am. St. Rep. 276. See People v. R. Co., 76 Cal. 156, 18 Pac. 141. In early times, an encroachment on the forest. 1 Holdsw. Hist E. L. 342. According to Lord Coke, purpresture is a close or enclosure, that is, when one encroaches or makes several to himself that which ought to be in common to many: as, if an individual were to build between high and low water mark on the side of a public river. In England this is a nuisance, and in cases of this kind an injunction will be granted,-. on e.r parte affidavits, to restrain such a purpresture and nuisance; Co. 2d Inst. 28. And see Skene, Pourpresture; Glanville, lib. 9, ch. 11, p. 239, note; Spelman, Gloss. Purpresture; Hale, de Port. Mar.; Hargrave, Law Tracts 84; 2 Anstr. 606; Bispb. Eq. 443; Callis, Sew. 174; Rawle, Exmoor Forest.

2 A close or enclosure; that is, when one encroaches or makes that several to himself which ought to be common to many.' In old law-writers, an encroachment upon the king or his subjects.

In common acceptation, now an encroachment upon the king, upon his demesne lands, or upon rights and easements held by him for the public, as, upon highways, public rivers, forts, streets, squares, bridges, quays, and the like.^ Where a house is erected or an enclosure made upon any part of the king's demesnes, or of a highway or common street, or public water, or such like public things. < Any encroachment, however slight, upon public property, whether in highways, navigable streams, or streets, is a purpresture, which is in the nature of a trespass upon public property by an individual.' Any erection upon navigable soil, without license, is an encroachment upon the public property of the sovereign,— a purpresture, which he may remove at pleasure, whether it tend to obstruct navigation or not." The term imports an enclosure made by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the public at large — as of part of a public common, or of a highway by land or on water. Unlike a public nuisance, a purpresture may exist without putting the public to any inconvenience.'

A taking wholly a Way. The act of a private individual in enclosing or building upon part of a common or public domain, and thus taking it away from the public. Purpresture in a forest signified any encroachment upon the king's forest, whether by building, enclosing, or using any liberty without a lawful warrant to do so. Termes de la Ley. A purpresture may be defined as an enclosure by a private party of a part of that which belongs to and ought to be open and free to the enjoyment of the pubhc at large. It is not necessarily a public nuisance. A public nuisance must be something which subjects the public to some degree of into any inconvenience whatever. Attorney- General V. Evart Booming Co., 34 Mich. 462.

1s, according to Lord Coke, a close or enclosure, that is, when one encroaches or makes several to himself which ought to be in common to many. 2 Inst. 28; and sce Skene, verbo Pourpresture; Glanville, lib. 9, ch. 11, p- 239, note; Spelm. Gloss. Purresture; Hale, de Port. Mar.; arg. Law Tracts, 84; 2 Anstr. 606; Call. on Sew. 174; Redes. Tr. 117.