| Topic: | Re:Re:Re:Re:The 1871 Act is Law | |
| Posted by: | Andy Pike | |
| Date/Time: | 29/04/18 08:15:00 |
| when 150 year old laws are challenged one of the duties of the court is to consider what the scribe/drafter of the law intended and to put that consideration in modern context. therefore what was meant by non enclosure? presumably that the land could not be surrounded by a fence and enclosed in that way is one very obvious interpretation that stands the test of time. But did the scribe consider that 150 years later there would be a fashion for pavement cafes and drinking outside of public houses and if he were scribing the law today would he consider that 20 or so tables on a small patch of land adjacent to a public house for 6 months of the year was enclosure? it may be that the courts would say this does not represent enclosure . Of course it may not but until tested the interpretation of the Act in modern day scenarios is a matter of question and not of certainty. That's my opinion and Mr Cameron has his opinion. that's what they both are, opinions, that are honestly held but that could be subject to challenge. |