INFORMATION to ministerial officers, 193-195 INJUNCTION, Ch. XXIII. principle on which granted, 783 torts of all kinds may be restrained, 783-784 discretion of Court, 785 where damage continuous or frequent, 170-172, 785 against enlargement of private right of way by new buildings, 324 overhanging trees, 434 to restrain slander of title, 628 temporary nuisance, 394, 786 where probability of repetition inferred, 786, 787 where apprehended injury serious, 787 where loss to defendant considered, 788 where not, 788-789 conflict of statutory powers, 787, 788 interests of third persons considered, 789 acquiescence, 789 delay, 790 mandatory injunction, 783, 790 interlocutory, may be granted where just or convenient, 784 rules of practice as to granting in case of libel, 791, 792 terms imposed by Court when granting, 792 action quia timet, 792 serious damage must be imminent, 792 Lord Cairns' Act, 794 whether it applies where injury not yet committed, 794 imputation of, not generally defamatory, 552 exception, where published of plaintiff in way of office or INSOLVENCY, imputation of, not generally defamatory, 552-553, 625, 658 to a trader, 560 privilege when in answer to inquiry, 588 where plaintiff of bad credit, 626 INTENTION, 136, 143 immaterial to infringement of patent, 708 misstatement of, 522-525 to deceive plaintiff necessary to action for deceit, 541 no test of liability in defamation, 550 to publish necessary, 570 question of malice, 611, 612 and note (c) question of damages, 618, 620-621 to exercise dominion in conversion, 233, 235, 237-238, 249- 251 immaterial in trespass, 343 except cases of throwing rubbish, &c., 343-344 trespass ab initio, 346 INTEREST, damages in trover, 277 in land. (See POSSESSION; TRESPASS TO LAND.) question of privileged communication, 550, 581, 586 as to previous defamation by defendaut of plaintiff not INTIMIDATION, 21-22, 25-28 "INVENTED WORD," 718 JOINT TORT-FEASORS-contd. what torts may be joint, 65, 66 in general discharge of one discharges the other, 64, 167, 184 different measure of damages, 184 effect of limitation where one of, beyond seas, 185 JUDGES, who are, 732 nonsuit by, on issue of per quod, 511 on issue of contributory negligence, 511 512 judicial knowledge, 562 function of in defamation action, 563, 581, 582 to decide whether right of comment exists, 598 in action for malicious prosecution, reasonable and arrest on order of, 659 of courts of record and courts not of record, 733–734 of superior courts and inferior courts, 733-734 of county courts. (See COUNTY COURT.) not liable for malicious abuse of jurisdiction, 734 when liable for acting without jurisdiction, 735, 736 et seq. through error of law, 736 in actual decision, 739 in collateral matter, 740 there must be means of knowledge of error, 741 not liable for executive acts, 745 absence and excess of jurisdiction, 735, 737 remedy against, for act without jurisdiction, 742 privilege of, in defamation, 576-578 JUDGMENT RECOVERED, 167 C.T. against one of joint tort-feasors, 63 merger by, where judgment of record, 167-168 foreign judgment, effect of, 167–168, 174 cause of action must be identical, 168 when the causes of action are the same, 168-170 satisfied judgment, effect of, 167, 173, 283 in action for illegal distress bars action for irregular distress part satisfaction, 283 satisfaction of judgment of inferior court, 174 in cases of assault, effect of prior proceedings before magistrate, 174-176 statutory directions, 174-175 62 JUDICATURE ACT, 1873...115, 119 JUDICIAL ACT, effect of, distinguished from ministerial act, 193 et seq., 641- province of, on question of privilege in defamation, 581 damages must be assessed by, 791 JUS TERTII in trespass to land, no defence to the action, 327 in ejectment, a defence to the action, 360, 368 in trover, no defence where goods taken from plaintiff's posses- set up by bankrupt, 269-270 by finder, 270-271 in general no answer to the damages, 277, 278 measure of damages in action by bailee, 278-280 in actions by landlord against tenant, cannot be set up, 361 expiry of landlord's title, 361 JUSTICES OF THE PEACE. (See JUDGES.) duty to forthwith take arrested persons before, 209 judicial and ministerial acts, 193, 732, 733 statutory protection of, 123, 128, 743 liability of, 736, 737 reporting proceedings of, 599 proceedings before, when prosecution commences, 641 responsibility of prosecutor, 641-643 setting aside, 742 warrants of, 732, 737, 744, 776–779, (See WARRANT.) JUSTIFICATION of trespass to the person, 199 degree of force lawful to prevent breach of peace, 202 of trespass to land, 344. (See CUSTOM; EASEMENT; LICENCE.) whether evidence of malice in defamation, 617 of self, privileged, 593 K. KING'S ENEMIES. (See VIS MAJOR.) KNOWLEDGE, to what extent a ground of liability, 14–15 by master of danger not essential in action by servant, 91 of title of true owner in conversion, 234, 248–250 of identity of owner, 242 of impounding, 318 of right of action concealed by fraud, 374 by lessor of disrepair of premises, 420 of propensity of animal by owner, 445, 452 by servant of owner, 452 relying on superior knowledge of defendant, 467, 476–477. of hidden danger, 467, 476-477 of danger by plaintiff, 145, 514. (See VOLENTI NON FIT) of both parties, when equal, no misrepresentation, 531-532 of untruth, fraud, 532-533 of falsity of charge, evidence of malice, 514. evidence of reasonable and probable cause, 651 immaterial to infringement of patent, 708 of absence of jurisdiction by judge, 741 by sheriff of landlord's claim, 766, 767 by constable that warrant has been issued, effect of, 772 L. LABOURERS, Statute of, 220 LACHES, 182 LAND, in applying to have trade-mark expunged from register, 723 owner of, duties of, 15, 29, 515, 518 rights of, 18 adjoining, not responsible for wrongful act of third game on, 21, 22, 23 |