NUISANCE-contd. public-contd. dangerous excavation adjoining highway, 398 dedication of highway subject to existing nuisance, 399 nuisance from defective gratings and coal plates, 400 nuisance from non-repair of highway, 32—35, 401 barbed wire fence to highway, 399 spikes, 499 yew trees projecting over fence, 398, note () duty of owner of sunken vessel, 107, 403 doctrine of coming to nuisance exploded, 404 ringing of bell, 406 prescription when nuisance at same time both public and 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 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 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, purchaser or lessee of land with permanent nuisance on cannot be sued before request to abate, 418 landlord leasing premises in state of disrepair, 418 NUISANCE-contd. who may be sued for-contd. where nuisance arises from physical condition, &c.—contd. effect of covenant by tenant to repair, 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 party excavating land gets rid of liability for where nuisance caused by mode of user of premises, 421- 422 liability of occupier for nuisance committed by his per- abatement of nuisance. (See SELF-PROTECTION.) 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 PARSON, trespass to glebe between institution and induction of, 332 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- non-joinder of, 67-68 third parties' intervention, damage by, 143-144, 438, 455, 464 duty to take care not confined to immediate parties, 470-472 third parties' contributory negligence, 500 parties to an action, absolute privilege for words spoken in office, 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 previous use, 699 previous disclosure, 699 to assistants, 700-701 at exhibitions, 701 use or disclosure abroad, 701 utility, 702 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, PHOTOGRAPHS, 691, 693 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 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 |