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INFORMATION

to ministerial officers, 193-195

INJUNCTION, Ch. XXIII.

principle on which granted, 783

torts of all kinds may be restrained, 783-784
in favour of prior lessee of minerals, 359

discretion of Court, 785

where damage continuous or frequent, 170-172, 785
darkening ancient lights, 386-388

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
obstruction of ancient lights, 783, 788-789

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
infringement of copyright, 685, 692, 786

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imputation of, not generally defamatory, 552

exception, where published of plaintiff in way of office or
calling, 552

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
test of, is interest, 544

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.)
licence coupled with an, meaning of, 352–353
test of intention to defraud plaintiff, 544

question of privileged communication, 550, 581, 586
INTERROGATORIES,

as to previous defamation by defendaut of plaintiff not
admissible, 616

INTIMIDATION, 21-22, 25-28

"INVENTED WORD," 718

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JOINT TORT-FEASORS-contd.

what torts may be joint, 65, 66
joint publication of libel, 569
joint slander, 569

in general discharge of one discharges the other, 64, 167, 184
covenant not to sue one of several discharges only the
covenantee, 167, 184

different measure of damages, 184

effect of limitation where one of, beyond seas, 185
contribution between, 66, 524, note (e), 539

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
probable cause, 648-650

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
through error of fact, 739

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
173

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-

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province of, on question of privilege in defamation, 581
on question of reasonable and probable cause, 649
fairness of comment a question for the, 597, 598--599
libel or no libel a question for the, 562--563
privilege of, in defamation, 576

damages must be assessed by, 791

JUS TERTII

in trespass to land, no defence to the action, 327
whether matter for mitigation of damages, 327

in ejectment, a defence to the action, 360, 368

in trover, no defence where goods taken from plaintiff's posses-
sion, 268

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 bailor against bailee, cannot be set up, 270-271
exception where bailee defends under authority of true
owner, 270-271

in actions by landlord against tenant, cannot be set up, 361
exceptions eviction by title paramount, 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.)
in defamation, 572

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)
INJURIA.)

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
of plaintiff's light, by defendant darkening it, injunction, 788

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
party, 157

game on, 21, 22, 23

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