STRIKING OUT PLEADINGS, 9, 11, 13, 601. SUBSTITUTED AGREEMENT, 807, 808. SUGGESTION OF BREACHES, 160-162, 662. SUGGESTION OF DEATH, commencement of statement of claim suggesting the death of one of the the like, by an executor continuing an action after the death of a sole the like, against the executor of a deceased defendant, 209. SUNDAY TRADING, 846. SUPPORT OF LAND, statements of claim: for damage caused by taking away the support of plaintiff's land by the like, for damage to land and buildings, 515. the like, where the working was under a lease giving a right to work for taking away from plaintiff's house the support to which it was defences: denial of acts complained of, 964. denial of plaintiff's possession of premises, 965. defence alleging title in defendant to make excavations, &c. complained defence denying facts alleged by plaintiff as constituting his title to defence denying that there was any damage, and alleging that if there right to support, 512, 513. mode of pleading, 514, 515, 965, 966. mere possession will support action against stranger interfering no natural right to support of subterraneous water, 513, 535. what damage is recoverable, 514, 966. no cause of action until actual damage occurs, 920. the period of limitation dates from the damage, 920. fresh subsidences create fresh causes of action, 920, 966. natural right to have land in its natural state supported by sub- clear words in deed or statute necessary to deprive landowner of obligations between adjoining householders, 517. no cause of action without appreciable damage, 514. SURETY. See GUARANTEES. SURRENDER, defence of a surrender, 758, the like, by operation of law, 759. as to what constitutes a surrender by operation of law, 758. B.L. 4 D TAXES, defence as to part of rent claimed, of a deduction for property tax, 756. TENANT IN COMMON, when action for an account between tenants in common lay, 84. when one tenant in common of a chattel may maintain trespass TENDER, defence of tender before action, 846. reply that a sum larger than the amount tendered was due in respect of reply to a defence of tender before action, denying that the defendant reply to a defence of lien, of a tender of the debt before the detention or reply to a defence of tender, that no money was tendered or legal tender rejoinder to above reply, that the tender was made by cheque and the defence of tender, what it is, 846, 849. tender how and when to be made, 847-849. tender to or by one of several joint creditors or debtors is good, with a defence of tender the money tendered must be brought into tender cannot be made effectively of part of an entire debt, 847, tender after impounding too late, 418, 894. TENDER OF AMENDS, defence of tender of amends under the Public Authorities Protection defence in an action for trespass by cattle, of disclaimer of title, and statutes giving right to tender amends in cases of wrongs, 967. tender accepted as sufficient may be pleaded as an accord and statutory defence to actions for trespass to land, of disclaimer of THIRD PARTY, form of third party notice, 596. third party procedure, 590-595. distinct from the right to join a third person (or co-defendant) as applies only where defendant claims contribution or indemnity third party notice, time for serving it, 590. when leave will be granted, 593. after appearance defendant may apply for directions, 593. power to direct mode of trial, or to order judgment, &c., 593. effect of a refusal of directions on such application, 593. THIRD PARTY-continued. in what cases judgment will be ordered to be entered against the liberty may be given to the third party to defend the action, or to rights of the third party in respect of his defence to the defendant's whether third party can bring in a fourth party as liable to con- pleadings may be ordered to be delivered between third party and provisions of County Court Acts, &c., as to costs, not applying, married woman may be added as third party in respect of separate application of third party procedure to the case of a co-defendant leave unnecessary in such case, 595. THIRD PARTY, RIGHT OR TITLE OF, TIME, in what cases it may be set up by defendant, 386, 979, 982. for delivering statement of claim, 69. for delivering statement of defence, 553. for delivering further defence of matter arising after delivery of a for delivering amended defences and defences to amended state- for delivering reply and subsequent pleadings, 563. computation of time, long vacation, &c., 17, 18. hours for service of pleadings, 17. time immemorial, 873. TITLE, mode of pleading title, 265, 266, 273, 495. TITLE DEEDS, detention of title deeds, who should sue for, 408. TITLE OF DIGNITY, 46. TITLE OF PLEADINGS, 6. TOLLS, 353. TRADE, statements of claim: by vendor against purchaser of a business, to recover the price, 354. by purchaser against vendor, on a covenant to pay liquidated damages in 280. sale of goodwill, 354. contracts not to carry on a particular business, when and how TRADE FIXTURES, defence justifying removal of trade fixtures, 960. TRADE MARKS, claim for the infringement of a trade mark, 520. defence to an action for the infringement of a trade mark, 969. defence to an action by assignee of trade mark, denying assignment, 969. statutes in force relating to trade marks, 518. no action lies for infringement of trade mark capable of registra- actions for infringement of trade marks, 518, 519. cases as to infringement, 969. TRADE UNIONS, 350. See SOCIETIES. TRESPASS. I. To the Person. statements of claim: for assault and battery, 520. for false imprisonment, 522. against a railway company for assault and false imprisonment, 523. denial of the acts complained of, 855. defence that trespass was caused by inevitable accident, 971. defence that trespass was caused by plaintiff's own negligence, 930. defence that the acts complained of were done in self-defence, 972. defence by master and servant that acts complained of were done in defence that acts complained of were done by defendant in defence of his defence that acts complained of were done in defence of possession of defence justifying an arrest and imprisonment on suspicion of felony, defence justifying assault in stopping an affray and to preserve the defence justifying an imprisonment to prevent an assault on defendant defence justifying an arrest for a felony committed by plaintiff, 977. trespass to the person; battery, assault, imprisonment, 520-522. distinction between trespass and malicious prosecution, 522. imprisonment under legal process afterwards set aside, 522. liability of party and of solicitor, 522. acts by command of Crown, 522. matters of excuse or justification must be expressly pleaded in mode of pleading, 970, 971. when reply under O. XXIII. r. 6, should be pleaded, 971. what force owner of land may use against trespasser, 972. force justifiable in defence of possession of goods, 972. justification of arrest and imprisonment in case of private justification of arrest and imprisonment in case of constable, 975. public officials, &c., statutory defences protecting them, 976. previous hearing of same matter resulting in dismissal or con- justification for expelling person from justices' or revision Court, justification under Lunacy Acts, 978. felony cannot be pleaded as a defence to civil action, 978. denial of the acts complained of, 855. denial of the plaintiff's property in the goods, 979. defence of leave and licence, 909. defence that defendant was joint owner of the goods with plaintiff, 867. 980. defence justifying taking and detaining of cattle which had strayed on what constitutes an act of trespass, 523. what possession necessary to maintain trespass, 523, 524. damages, 524. matters of excuse or justification must be specially pleaded, 979. when a jus tertii may be set up, 524, 979. removal of goods or cattle of another encumbering a close, 980. mode of pleading defences; justification as servant of another, III. To Land. statements of claim: for trespass to land, 524. the like, claiming an injunction, 527. for trespass to a house and seizure of furniture therein, 528. for trespass to coal, 528. for other forms for trespass to land, 529. defences: denial of the acts complained of, 855. defence justifying under statutory powers, 981. denial of plaintiff's property in the land, 982. defence that the land was the freehold of defendant, 983. defence justifying under the authority of the owner, 984. defence stating defendant's title under demise from person seised in fee, 984. defence by owner of a house and his servant, justifying entering the defence that the freehold belonged to plaintiff and defendant as tenants defence of leave and licence, 909. For other defences of justification, &c., see the titles and cases cited, trespass to land, what constitutes act of trespass; breaking and trespasses by animals, 525. liability of owner of land for escape of water or filth artificially unintentional acts; mistake, 525. property subject to trespass; incorporeal rights; meaning of term |