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Assault on wife

17

Justification of assault

18-20

In self-defence

18

In defence of property

18-20

In defence of family

20

Under authority of Crown

20

Moderate correction by parent

20

Magistrate's certificate under 24 & 25 Vict. c. 100

20

SECTION II. — FALSE IMPRISONMENT

22-33

What constitutes

22

Constructive imprisonment

22

Partial restraint, not an imprisonment

22

Responsibility for imprisonment

22-24

Where warrant irregularly issued

24

Arrest for felony

24

Distinction between arrest by constable and by private individual

24

Arrest for misdemeanour

25

For breach of the peace.

25

What amounts to breach of the peace

25

Disturbance at public meeting

26

Arrest under the Metropolitan Police Act.

26

Under the Vagrant Act

27

Larceny Amendment Act .

27

Malicious Injuries to Property Act

27

14 & 15 Vict. c. 19.

27

23 & 24 Vict. c. 32

28

Merchant Shipping Amendment Act, 1862

28

Railway Clauses Consolidation Act

28

Committal for contempt of court

29

As to limitation and notice given where action brought against a justice

for wrongful arrest

30

Arrest under the Mutiny Act

30

Arrest of principal by his bail

31

of lunatics

31

Malicious arrest

31

Writ of ne excat

32

Damages in action for false imprisonment

33

Section III.-MALICIOUS PROSECUTION

33-40

What constitutes .

33

Absence of reasonable and probable cause and malice necessary to support

action for

33

What constitutes reasonable and probable cause

34-36

What constitutes malice

36

Termination of prosecution in favour of the plaintif

37

Proof of prosecution, and that defendant was prosecutor

38

Where authority given to agent to prosecute .

38

Damages in action for

39

As to liability of corporations for .

39

Maliciously procuring adjudication of bankruptcy

40

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CHAPTER III.

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TORTS AFFECTING THE REPUTATION; LIBEL AND SLANDER . 41-61

Province of judge and jury

41

Definition of libel

41

of slander

41

Distinction between libel and slander

41

What constitutes a libel .

42

Imputing an indictable offence

42

Attacks in relation to trade or profession .

42

Imputing conduct tending to degrade, &c.

43

Libel in foreign language

43

Province of judge and jury in actions for defamation

43

When an action for slander lies

44

Words of common abuse not actionable

44

Same liability attaches to verbal as to written defamatory statements in cer-

tain instances

44

Slander imputing indictable offence

44

Slanders in respect of person's profession or business

45

Slander of clergyman

45

Slander in respect of business

45

Verbal statements rendered actionable by reason of special damage

46-49

Innuendo

49

Malice

49

Distinction between malice in law and malice in fact

49

Defences

50

Privileged statements absolute or qualified

50

Absolute privilege

Qualified privilege .

51

Definition of actual malice

51

Communications privileged when made in discharge of a duty

52

In giving character of a servant

53

Where confidential relation established between the parties

54

Instances of privileged occasions

54

Criminal charges bonâ fide made, privileged

55

Defamation by mistake

55

Criticism on public men

55

Criticism on public affairs privileged

55

Reports of legal proceedings privileged .

56

Report of meeting not always privileged

56

Report of debate in Parliament

56

Reviews and criticisms

56

Justification of libel or slande

57

Accord and satisfaction

57

Apology and payment into Court under 6 & 7 Vict. c. 96, s. 2

57

Damages

58

Proof of publication of libels in newspapers .

59

Liability of Corporation for libel

59

Injunction.

59

Defamatory statements respecting goods .

60

Slander of title

60

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TORTS AFFECTING REALTY ; TRESPASS ON LAND .

Definition of realty

Trespass to land-definition

Statute of Limitations .

Title after twelve years' possession

Accrual of the right on dispossession or discontinuance of possession

Occupancy by servant

by the heir .

by executor

by lessee

by tenant for life
by person occupying for limited purpose

by tenant in common

Trespass committed by agent or servant

What constitutes a trespass

Exclusive possession sufficient to maintain trespass

Throwing stones or refuse on another man's land, a trespass

Continuing trespasses

Abuse of license renders a person a trespasser ab initio

Forcible entry and detainer .

Proceedings against the hundred for damage done to tenements by rioters

Rights of property in special cases

Mines

Right to support with reference to mining

Adjacent mines

Minerals in copyholds .

Property in the soil of highways

Property in waste land adjoining highway

Property in the soil of towing-paths and banks of rivers

Property in the soil of non-navigable rivers .

freshwater lakes

Property in the sea shore and soil of navigable rivers

Limit of right of crown

Property in alluvion

accretion

Property in sea-shore, between high and low water mark

Right of bathing

Property in the church and church-yard

movable property vested in churchwardens

keys of church

church bells

pews

distinction between pew in chancel and in body of church

the churchyard

Property in freehold of church, &c., erected under Church Building and

Church Endowment Acts in incumbent

Property in tombstones

Wilful trespass on railway, 3 & 4 Vict. c. 97, s. 16.

Station yards.

Trespasses by cattle and domestic animals

Trespass in search of game.

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