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Statutes: (continued.)
Metropolitan Police Act (2 & 3 Viet.

c. 47), s. 64:
arrest by constable, 301.
Newspaper Libel and Registration

Act, 1881:
privilege of reports of public meet-

ings, 317.
Partners :
4 Anne c. 16, s. 27.

sharing profits by, 355.
Patent Act, 1883 (46 & 47 Vict. c. 87),

ss. 58, 59:
penalties under, 197.
Postal Act (9 Anne, c. 10), s. 40 :

action for penalty under, 191.
Public Health Act (11 & 12 Vict.

c. 63), ss. 19 and 33:
penalty against member of local

board, 199.

Statutes: (continued.)
Copyright Acts :
8 Geo. II. c. 13; 17 Geo. III. c. 57.

penalties under, 196.
3 & 4 Will. IV. c. 15.
penalties for infringement of

dramatic rights, 197.
Drainage Act:
8. 217, damages in actions against

Commissioners, 185.
Employers' Liability Act, 1880

(43 & 44 Vict. c. 42):
accidents to servants on master's

premises, 244.
Executors :
4 Edw. III. c. 7.

actions by, 19.
25 Edw. III. st. 5, c. 5.

actions by executors of, 19.
3 & 4 Will. IV. c. 42.
actions by, for injuries to realty,

20.
Factors Acts:

pledges by agents within, 353.
Forest of Dean Act:

action for breach of, 192.
Judicature Act:
Order XI., rule 1 (c) [1883].
service out of the jurisdiction in

action for tort, 17.
Leases (13 Eliz. c. 20):
trespass by possessor under void

lease, 339.
Limitation, statute of (21 Jac. 1, c. 16),

s. 3, 29.

8. 7, 30.
Lord Campbell's Act (9 & 10 Vict.

c. 93):
general rule under, 20.
Lord Tenterden's Act (9 Geo. IV.

c. 14), 8. 6:
obtaining credit for others, 265.
Lottery Act (33 Geo. III. c. 62):

action against managers, 188.
Machinery :
7 & 8 Vict. c. 15.

fencing, 193.
Merchant Shipping Acts, 1844, 1854,

1867 :
duties on owners under, 194.
seaman's certificate of discharge,

197.

Railway Clauses Act, 1845, s. 68:

railway fences, 182.
Railway and Canal Traffic Act, 1854,

88. 2, 3 and 6:
breaches of, 198.
Railways:
2 & 3 Vict. c. 45; 5 & 6 Vict. c. 58,

8. 9.
level crossing over, 191.
regulation of (1868).
passengers' communication cords,

182.
Spring Guns :
7 & 8 Geo. IV. c. 18.

setting, 234.
Towns Improvement Act, 1847, s. 49:

neglect to repair highway, 190.
Trespass :
5 Rich. II., st. 1, c. 8.
by lawful owner to recover pos-

session of land, 295, 340.
Waterworks Clauses Act, 1847;

action for breach of duties under,

200.

Westminster, Statute of, c. 24 :

actions under, 178.
Wills, Statute of (32 Hen. VIII. c. 1):

action by devisee under, 179.
Statutory contract :
its position in outline of rights and

duties, 6.
breach of, 180.

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Statutory duties, Breach of:
existence of duties depends on accu-

rate interpretation of statute, 177.
where no penalty provided, 178.
general principle of action under

statute creating right, 178.
damage need not be proved, 179.
rights in rem, 179.

rights under charter, 179.

vested in a large class, 180.
rights in personam, 180.

statutory contracts, 180.
third party may acquire rights

under, 181.
rights conferred by public general

statutes, nature of, 181.
railway cases, 182 : see RAILWAY.
public duties, 184.
common law rules as to special

injury apply, 185.
examples, 185.
injunctions to compel perform-

ance of, 186.
where performance impossible,

186.
violation by act of God, 186.
person who performs it, where

there is a refusal, may sue for

expenses, 187.
remedy for breach by indictment,

187.
breach by public officers, 187.
distinction between judicial

and ministerial officers, 187.
nature of duty to be derived

from statute, 188.
where Crown or common informer's

penalty is provided, 189.
general principles, 189.
breach of duty sometimes made a

misdemeanor, 190.
public duty, 190.
person specially injured may sue,

190.
Crown penalty cumulative

a

remedy, 191, 199.
stands in lieu of indictment, 192.
private duty, 192.

e.g. mill-fencing cases, 193.
is twofold: to the State, and to

owner of right, 29r.

Statutory duties, Breach of:

(continued.)
breach per ke punished with

penalty, 193.
remedy for enforcing rules given

by statute to be adopted, 193.
purview of statute must be en-

quired into, 195.
where penalty to party aggrieved

is provided, alone or coupled
with Crown or common informer's
penalty, 196.

'penalty is in lieu of action, 196.
rights in rem, 196.
relative duties, 197.

public duties, 198.
General summary, 199.
effect of decision in Atkinson's case,

200.
facts of the case, 200.
grounds of decision in C. A., 201.
general consideration of case, 203.
effect of the case on general sum-

mary, 204.
Statutory rights, Violation of.
Stolen goods :

trespass to recover, 333.
Sub-contractors :
ordinary rules as to contractors apply,

88.
Subpoena:

action for disobeying, damages in, 142.
Subsidence: see Land.
Substantial Damages : see Da-

mages.
Superior Court:

rule of costs in, as to torts, 8.
Surveyor:

of highways, action against, 190.

Telegram:
liability of company for errors in,

231, 243.
Temporal Damage, 144: see Da-

mage.
Tenant: see Landlord and Te-

nant.
Threat:
ability to carry out, must be present

in assault, 291.

Threat: (continued.)
of legal proceedings, in slander of

title, 380.
Time : see Limitation, Statutes of.

for limiting suits in tort, 29.
Title : see Slander of Title.
Tort:

rule when it is also a crime, 3.
difference between torts and crimes

as to remission of punishment, 3.
definitions of, in outline of rights and

duties, 5.
its relation to quasi-contracts, 6.
definition of, 7.
distinction between, and breaches of

contract, 7.
practical reason for maintaining, 7.

as to the effect of death, 21.
committed abroad, jurisdiction of

English courts over, 15.
rules as to, 15, 16.
tortious act to be distinguished from

the evidence of it, 18.
effect of death on, 19.

where deceased is partly injured,

21.

where deceased is tortfeasor, 25.
effect of accord and satisfaction, 34.
effect of statutes of limitation, 29.
effect of waiver, 34.
effect of bankruptcy, 37.

of tortfeasor, 37.

of party injured, 38.
effect of marriage, 39.

of tortfeasor, 39.

of party injured, 39.
of servant or agent, liability of master

or principal for : see MASTER AND

SERVANT, PRINCIPAL AND AGENT.
liability for work which is itself tor-

tious, 91.
of contractors themselves, liability

for, 96.
malicious, 274.
Tortfeasors: see the special heads.
resident abroad, jurisdiction of Eng-

lish Courts over, 15.
death of: see DEATH.
general rules as to, 41.
infants, 42.
married women, 47.
corporations, 45.

Tortfeasors: (continued.)
joint, 47.

conspiracy, 51.
principal and agent, 53.
master and servant, 53.
agents or servants, 74-
principals and contractors servants,

78, 89.
landlord and tenant, 84.
sub-contractors, 88.
principals and contractors, 96.
owners of animals, 97.
owners of dangerous things, 107.
lunatics, 215.
drunkards, 216.

persons during fits, 216.
Trade:

malicious interference with, 52.
person employed in course of, not

liable for tort he is employed to

commit, 77.
Trap:
or unprotected opening, general rule

as to, 228.
licensee to be warned against, if

known, 237.
duty as to, towards people invited,

239.
Trespass:

limitation action for, 29.
definition of joint trespassers, 48.

liability of, 49.
by animals, 97: see ANIMALS.
by dogs, 99 : see Dogs.
by inanimate objects, 107: see Dar-

GEROUS THINGS.
by fishing, 141, 143.
presumption of damage in, 143.
in action for nuisance no defence

that defendant must trespass to

remove, 148.
with malice, vindictive damages for,

149.
plaintiff a trespasser, rule of remote-

ness when, 170, 172.
defendant liable for hidden mischief

without warning, 172, 234.
but not if accident happen with-

out design on his part, 234.
test of design to injure, 234.
where excavation near highway

causes damage no action, 235.

Trover: (continued.)

limitation in action of, 29.
by agent for principal, 74.
against carrier, when it will not lie,

77
action of, for conversion, 342.

explained, 348.
Truth:

duty to speak, when, 255.
belief in, whether essential, 261.
warranty of, whether implied, 261.
a justification in defamation, 315.

must be fully proved, 316.

U.
Unchastity:

imputations of, 309: see SLANDER.
result must not be due to husband's

idiosyncrasy, 309.

V.

Trespass: (continued.)
to realty.

what amounts to, 329.
how it may be committed, 330.
nuisances, 330.

forms of, 330.
justification of, 331.
necessity, 331.

impassable ways, 331.
to rescue owner's property, when,

332.
by legal authority, 332.
to recover trespasser's property,

when, 333.
stolen goods, 333.
by bailor not justified, 334.
by purchaser of goods, when, 334.
leave and license, 334.

revocation of, 334.
definition of, 335.

general rule as to, 336.
distinction between license and

grant, 336.
contract immaterial, 336.
to restore goods improperly on

trespasser's land, 336.
abatement of nuisance, 337.

demolition of houses, 337.
continuance of trespass not justi-

fied by judgment for initial

trespass, 338.
ab initio, 338.
relation back of title on recovery of

property, 339.
who may bring action, 339.

entry by true owner, 340.
rights between conflicting tres.

passers, 34).
to the reversion, 340.
between co-tenants, 341.
licensees, 341.
to personalty, 341.

distinguished from conversion, 341.
Trespasser:
ejectment of, 295.

must be molliter, 295.
forcible entry a crime, 295, 340.
Trover:
action of, for conversion, survives to

executor, 24.
action of, for conversion, does not

survive against executor, 25.

Vapours : see Nuisance.
Vindictive Damages,

124 : see
Damages.
Vis major:
owner of land not liable when natural

condition changed by, 113.
Visitor:

duty towards, 239.
Voluntary injuries :

liability for, 254.
Volunteer:

rights of trespassers examined, 233.
accidents which happen without de-

sign on defendant's part, 234.
accidents which happen with design,

234.
where notice of danger given, 235.
excavations near highways, 235.
Vote :
right to, action for interfering with,

146, 189.
Ashby v. White considered, 157.

W.
Wages :
liability of master tested by payment

of, 81.
Waiver of Torts :
test from rule of, for actions against

executor, 27, 36.

Waiver of Torts : (continued.)
applies only to cases of implied con-

tracts, 34.
example of case of seduction, 35.
true limit of the rule as to, 36.

effect of, in bankruptcy, 37.
Warrant: see Arrest.
Warranty:
statement amounts to, when so in-

tended, 266.
Waste :
when action for lies against executor,

26.
Water:
accumulation of, liability for escape

of, 109, ito.
damage resulting from natural flow

of, 112.
rights as to underground, 117.
no cause of action for detaining

natural flow, 120.
statutory accumulations of, 121.
pollution of, damages in action for,

127.
presumption of damage in, 133,

134, 136.
claim to calm flow of, examined, 133.
general rights to, 134.
abstraction of, where right belongs

only to a section of the commu-
nity, 158.

Water: (continued.)
duties to supply under Water works

Act, breach of, 200.
rights of riparian owners to, 373.
water right cannot be severed,

373.
rights among themselves, 374.
remedy for damage to grantee of

water right, 374
Wells :
rights of neighbouring well owners,

117.
Wife: see Married Woman.
Wilful Acts:
of servant, liability of master for,

general rule, 56.
fraud is always wilful, 65.
rule as to agent's frauds is the

same as rule as to seryant's

wilful acts, 69.
general rule as to, 70.
Witness: see Subpoena.

privilege of, in defamation, 317.

Y.
Yew:
clippings of, injuries to cattle from

eating, 114.
example of remoteness of damage,

166,

THE END.

LONDON: PRINTED BY WILLIAM CLOWES AND EONS, LIMITED

STAM FORD STREET AND CHARING CROSS.

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