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NUISANCE-contd.

public-contd.

dangerous excavation adjoining highway, 398
objects likely to frighten horses, 399

dedication of highway subject to existing nuisance, 399
dedication subject to right of obstruction, 400

nuisance from defective gratings and coal plates, 400

nuisance from non-repair of highway, 32—35, 401
projecting fire-plugs, 401

barbed wire fence to highway, 399

spikes, 499

yew trees projecting over fence, 398, note ()
obstruction of navigation, 403

duty of owner of sunken vessel, 107, 403
duty of harbour authority, 403

doctrine of coming to nuisance exploded, 404
prescriptive right to commit private nuisance, 404, 405
no prescription to make a public nuisance, 405

ringing of bell, 406

prescription when nuisance at same time both public and
private, 407

weir in non-navigable river not a public nuisance, 407

nuisance authorised by statute, 407-412

authority must be express and clear, 409

negligent use of statutory powers, 411

special damage from public nuisance actionable, 394-395
what amounts to special damage, 395

must be pecuniary, 396

must be direct consequence of nuisance, 396

who may sue for, 412, 415

action by Attorney-General, 413–416

assignee of land affected, 412-413

reversioner may sue for permanent nuisance, 171, 413—

414

what is a permanent nuisance, 413-416

whether reversioner can sue to prevent acquisition of
negative easement, 415-416

who may be sued for, 416-422

where nuisance arises from physical condition of premises,

417-421

party creating the nuisance, 417

contractor erecting nuisance on land of third persons,
417

purchaser or lessee of land with permanent nuisance on
it, 417

cannot be sued before request to abate, 418
disrepair of premises, 418-421

landlord leasing premises in state of disrepair,

418

NUISANCE-contd.

who may be sued for-contd.

where nuisance arises from physical condition, &c.—contd.
disrepair of premises-contd.

effect of covenant by tenant to repair, 418, 419
liability of party buying reversion of premises
with nuisance on them, 418-419

disrepair arising during lease, 418-420

omission to give notice to quit after know-

ledge of disrepair is not a reletting, 419,

420

effect of covenant by landlord to repair, 419
whether vendor of premises in ruinous condition
continues liable, 420—421

whether party excavating land gets rid of liability for
future subsidence by selling it, 420-421

where nuisance caused by mode of user of premises, 421-

422

liability of occupier for nuisance committed by his per-
mission, 422-423

abatement of nuisance. (See SELF-PROTECTION.)
injunction, 786

0.

OMNIBUS,

obstruction by, 22, 75

conductor, authority of, 78, 80

OMNIS RATIHABITIO RETROTRAHITUR ET MANDATO

EQUIPARATUR, 111

ONUS OF PROOF, 496, 512, 540, 549–550

OSTLER, 102

OWNERS OF PROPERTY,

arrest by, 207-208, 771

privilege from distress exists in favour of, 302

OYSTER BEDS,

contamination of, 434

P.

PARENT,

not responsible for debts or torts of child, 46, note (c)

right of, to the person and services of child, 4, and note (b),

215-218

remedies of, 4—5

defence of. (See SELF-PROTECTION.)

disciplinary power of, 215--218

PARLIAMENT,

privilege of, 578

member of, duty towards constituents, 587-588

papers published by, privilege of extracts from, 595, 596
reporting proceedings of, 603

PARSON,

trespass to glebe between institution and induction of, 332
liable for permissive as well as voluntary waste, 378-379
slander of, 558, 561, 574

libel by, 584, 591

privilege of, 588, 593–594

society instituted by, whether public, 609

PARTIES, Ch. II., 40

rights of third, not affected because tort is also breach of con-
tract, 2-3

non-joinder of, 67-68

third parties' intervention, damage by, 143-144, 438, 455, 464
(See DAMAGE; NUISANCE.)

duty to take care not confined to immediate parties, 470-472
476-479

third parties' contributory negligence, 500

parties to an action, absolute privilege for words spoken in office,
576

PARTNERS. (See FIRM.)

PARTY-WALL,

interference with, 104

PASSENGER,

not to be identified with conveyance, 509-510

PASSENGER STEAMER,

offences in respect of, 208

"PASSING OFF,"

ground of action, 11, 713-716

(Reddaway v. Banham.)

PATENT,

definition of, 696-697

subject-matter of, new manufacture within the realm, 697

manufacture, 697

sale of constituent part of patented article, 698
novelty, 699

previous use, 699

previous disclosure, 699

to assistants, 700-701

at exhibitions, 701

use or disclosure abroad, 701

utility, 702

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PERSONAL REPRESENTATIVES,

for what torts committed by deceased they may be sued, 55

of beneficed clerk liable for dilapidations, 55–56

liability of, in case of felonious tort, 116

for what torts to personal estate of deceased they may sue, 52—

54, 116

when they may sue for torts to real estate, 51

when for personal injuries to deceased, 52-54

of felon, 116

when Statute of Limitations begins to run against, 180–181

suing for illegal distress, 232, 757

detinue by, 255

relation back of title, 260

PETITION OF RIGHT,
will not lie for tort, 40

PHOTOGRAPHS, 691, 693
(See COPYRIGHT.)

PICTURES, 675, 694

(See COPYRIGHT.)

PILOTAGE, COMPULSORY, 71, 118, 509

PIRACY, 680

(See COPYRIGHT.)

PIRATES, 454–455

PLAY-RIGHT, 685-689

joint infringement of, 64

PLEDGE, 253, 262-264, 272, 280, 756

POLICE. (See CONSTABLE.)

POSSESSION, 260-273, 278-279, 323–330. (See TRESPASS TO

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to commit a nuisance, 404-405, 414—415

none to commit public nuisance, 405

when time begins to run in case of nuisance causing personal

discomfort, 133-134

tenant's title by, 373

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