Statutes: (continued.)

Metropolitan Police Act (2 & 3 Vict.

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.

Railway Clauses Act, 1845, s. 68:
railway fences, 182.

Railway and Canal Traffic Act, 1854,
ss. 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.

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 a cumulative

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, 291.

Statutory duties, Breach of:
(continued.)

breach per se 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:

T.

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.

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.

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, 340.

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.