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INDEX.

A.

ABANDONMENT

of execution, 763

of distress, 289, 290, 294

of sunken vessel, effect of, 403, 404

of trade mark, 727

ABATEMENT

of nuisance. (See SELF-PROTECTION.)
pleas in, abolishment of, 67

ABSOLUTE DUTIES, 12, 430-452, 465–490, 516–518
qualifications, 12

statutory authority, 12-13

public, extent of, 36-38

of bailee under contract to redeliver, 271

duty of sheriff to pay landlord is not, 767

ABUSE OF PROCESS, 659

debtor presenting petition in bankruptcy, 44, note (c), 659

ACCORD AND SATISFACTION, 135, 164-167

sum paid to workman, 100

case of a criminal offence, 165

bare accord, 165, 174

mere agreement taken in satisfaction, 165

mere receipt not sufficient, 169

accord self-executing, 165–6

consideration for accord, 166

by arbitration, 166

conditional, 166–167

with joint tort-feasors, 167

ACKNOWLEDGMENT,

barring operation of Statutes of Limitation, 374

ACT OF GOD. (See VIS MAJOR.)

ACT OF STATE. (See GOVERNMENT.)

ACTIO PERSONALIS MORITUR CUM PERSONA, 51–53, 39,

222, 227

(See PERSONAL REPRESENTATIVES; LORD CAMPBELL'S ACT.)

ACTION

against public authority. (See PUBLIC AUTHORITY.)

notice of. (See NOTICE OF ACTION.)

right of discharge of, Ch. VIII.

by death. (See PARTIES; ACTIO PERSONALIS MORITUR

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previous, test whether bar to action, 167, 168

summary conviction for assault no bar to action against

prosecutor, 190

causes of, when the same, 168

continuing injury, 170-172

against constable, 778, note (b), 779

ADMINISTRATORS. (See PERSONAL REPRESENTATIVES.)

ADULTERATED GOODS,

sale of, 274

ADVERSE POSSESSION, 364-365, 369-373
(See LIMITATION.)

ADVOCATES,

privilege of, 576–578

AGENT. (See PRINCIPAL AND AGENT.)

AGGRAVATION, MATTER OF. (See DAMAGES.)

AGRICULTURE,

within Workmen's Compensation Acts. (See MASTER AND
SERVANT.)

damage to land or crops by sparks from engines, 12, 13, 120

agricultural tenant, 286, 287

agricultural machinery and stock, distress of, 297, 300-302
damage in natural course of, 428, 429

AIR

over land, part of land, 337–339

pollution of, 389, 393, 404

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AMBASSADORS,

privilege of, 42-43, 177

waiver of privilege, 43

privilege of, against distress, 295, 304
against execution, 753-754

AMENDS,

tender of. (See NOTICE OF ACTION.)

for irregular distress, 305, 307, 308

ANCIENT LIGHTS,

obstruction to, 139, 392, 786, 788-9

extent of right in, 171, 386-388, 392-394, 789-790

distinction between business premises and dwelling houses, 386
(Colls v. Home and Colonial Stores.)

injunction, 386

who may sue, 412-416

who may be sued, 416

local authority blocking lights, 416

ANIMALS,

injuries by animals fere nature, 12, 108, 444

by domestic animals known to have a savage disposition,

12, 450-452

whether scienter of owner's servant sufficient, 451-452

"beware the dog," 515

plaintiff knowing vice of horse, 521

whether liability of owner ceases with possession, 452

by animals domite naturæ, following their natural pro-

pensities, 445, 447–448

keeping watch-dog, 157

trespasses by cattle, &c., 10, 319-320, 345, 445–447

exception to absolute liability for, where cattle stray off a
highway, 10, 319-320, 446-447

nuisances by, 432

shooting a trespassing dog, 154, 450

act of third party, 439

constituting vis major, 455

distraint of, 291, 296, 297, 299, 302, 306

damage feasant, distress of, 318-321

what may be distrained, 319

privilege of things in use, 319

who may distrain, 319

no trespass, no distress, 319-320

time, place, and extent, 320--321

dogs worrying cattle, 447-448
trespasses by dogs, 448-450

damage by game, 448-450

ANIMALS-contd.

animals suffering from contagious diseases, liability for, 444-

445

on sale of, implied representation of freedom from, 495

528-529

APOLOGY

in defamation, 625

in public press, 625

APPRAISEMENT

in distress, 309, 311, 313

APPRENTICE,

"workman," 99

authority of master over, 217

avoidance of unreasonable indenture by, 221

ARBITRATION, 166

ARREST,

by servant for protection of master's property, 81
malicious, 191-193, 659-660

on civil process. (See SHERIFF.)

by constable. (See CONSTABLE.)

by private person, 199, 200 et seq., 771, 772

assisting officers of the law, 210

(See TRESPASS TO THE PERSON.)

on warrant, 776-780

by railway company of persons travelling without payment of
fares, 76, 208

(See RAILWAY COMPANY; STATUTORY POWER.)

ARTICLES OF THE PEACE,

maliciously exhibiting, 641, 647

ASPORTATION, 231, 232, 249

ASSAULT. (See TRESPASS TO THE PERSON.)

summary conviction for, no bar to action against prosecutor,

190

ASSIGNMENT,

of cause of action in tort, 56, 57, 227

of claim to compensation, 56

none of bare licence, 352

of patent, 712-713

by company in liquidation, 713
of trade name, 721, 722, 731

trade mark, 722, 731

limitation to, 722

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