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Twenty years' enjoyment of light, how calculated
Ancient rights may be altered, provided they are not made more ex-
tensive

New lights not corresponding with old.

Right of digging for brick-earth to be taken into consideration under the General Inclosure Act

Custom to dig clay in a copyhold not unreasonable

Definition of surface damage

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Title of owner of ancient house to lateral support from adjoining land
Statute of Limitations in case where damage has been done to the sur-

face by mining

Compensation for injury to buildings by subsidence of soil

Right of soil to support for additional weight of buildings

Three-fourths of a right of common

Evidence of existence of highway

Evidence of user and dedication

Full right of public to enjoyment of highway

Enclosing to within fifteen feet of centre of highway

Right of justices to determine whether road is a highway

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Distinction between a private and public way

Duty of surveyor to protect foot-causeways against carriages

Surveyor of highways not liable for accident caused by non-repair of

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Conveyance of close adjoining highway implies that of highway usque ad medium filum viæ

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Map held inadmissible under certain circumstances to prove rights of way

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Order of justices to stop up a public carriage-road under an Inclosure
Act implied by long acquiescence

Power of Inclosure Commissioners to set out private road
Appropriation of private rights of way by Private Estates Act

Right of way under deed of partition

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Evidences of dedication of private farm-road to the public

Charging settled estate with expense of road through another part of

Mere tracks in wood not proof of highway

the estate

Ploughing up footpaths

Rule as to going 100 yards through turnpike-gate

Composition for tolls made by lessees are not illegal

Construction of "other thing" in Turnpike Roads Act

Discharging water from eaves on to land subject of action by reversioner

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13

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14

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CHAPTER IV.

TREES AND FENCES.

PAGE.

Rights of lord over waste, planting trees, &c.

15

Effect of sale of timber by tenant for life to trustees of remainder man
Cutting of timber by tenant for life

ib.

ib.

Tenant for life barred by lapse of time from receiving proceeds of timber

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Cutting down ornamental timber or immature trees by devisee in fee

17

Claim of right to enter close of another and cut down trees.

ib.

Boughs overhanging land

Taking timber for house-bote.

Evidence of conversion of tree

Custom for customary tenants of manor to fell timber without licence from lord

Leaving quarry unfenced

Canal near public footway

Neglect of plaintiff to fasten gate opening on to railway

Company bound to leave gate shut where tramway adjoins railway
Sheep killed by a train

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Wilful negligence on part of plaintiff subject of special plea

Bull-baiting and cock-fighting

Depasturing a vicious horse

Fighting cocks in a place not set apart for the purpose

Cruelty to animals

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PAGE.

No action lies for interception of water merely percolating through the earth

24

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Water escaping from railway-cuttings into a mine

25

Working mines under water-course

26

Cattle drinking stagnant water improperly emptied on to land
Supplying horses with water from a public fountain

ib.

ib.

Conveyance of right of continuance of culvert with farm

27

Condition under which tenant for life received compensation for loss of pond which worked his mill

ib.

CHAPTER VII.

SERVANTS.

Presumption that servant did not contract on behalf of master

Injury to servant working with master

No contract implied on part of master not to expose servant to great risk.

28

ib.

ib.

Non-liability of master for injury to servant from negligence of fellow

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Master responsible for wilful conduct of servant if within scope of his

employment

ib.

Contract with bailiff within Statute of Frauds

ib.

A previous decision in the County Court is conclusive as to the question of wages being due if brought by summons before justices

ib.

Jurisdiction of magistrates does not extend to bailiffs

31

Bonâ fide belief of servant that he may quit his place

ib.

Contracts of service need not be for any specified time to give magis

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"Just and reasonable" condition with respect to a dog under the Traffic

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Contract of carriage with first railway, and second not liable for accident

Crowding cattle without leave into truck with another owner's

34 ib.

Railway Company must be sued within county court district of principal place of business

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Just and reasonable contract under Railway, &c., Traffic Act
Estoppel by wilfully false statement of value of horses at time of contract
for their carriage

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Tender not too late if made after impounding and before sale

Proper person to receive tender of rent.

Rule with regard to distraining beasts of stranger for tenant's rent

"Reasonable time" for bringing back cattle which had strayed Distress rendered illegal by improper time of taking it.

Improperly working a distress.

Distress after death of tenant

Unregistered transfer of growing crop good against execution creditor

Setting off judgment obtained by tenant against rent due

Interpleader

Distress an affirmation of tenancy

Sheriff not entitled to poundage

Measure of damages in case of trespasser ab initio

CHAPTER X.

HUSBANDRY COVENANTS.

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ib.

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ib.

ab.

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ib.

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ib.

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ib.

41

ib.

42

ib.

44

ib.

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Effect of covenant not to carry away hay and straw, &c., under a penalty "Hay" in farming lease includes hay not fit for fodder

ib.

46

Construction of drainage covenant in lease

ib.

Payment by landlord for manure and tillages, &c.

Right to have letters produced on question respecting valuation of tillage, &c.

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Infringement of Highway Act by the use of a steam thrashing-machine.
Exemption from toll of barley to be ground for pigs

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Reasonableness of a horse-racing custom

Mere permissive tenant has no right to sue a claimant under owner for forcible entry

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Forcible entry in exercise of right of common of pasture

Terms of certificate to deprive plaintiff of costs in action for wrong
Construction of the Malicious Trespass Act

Estimating damages for trespass or negligent act
Entry unlawful on day when plaintiff has whole of day to remove

crops

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Liability for damage by fire occasioned by sparks from locomotive

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Trespass by entry to sow grass seeds at improper time

Injury by sparks from engine

Horses frightened by traction-engine on highway

Evidence of negligence necessary to entitle plaintiff to recover
Negligence in riding along a public highway

Nuisance by brick-burning

Onus on defendant to show that trade is carried on in a reasonable and

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proper manner

Pursuit of game under 25 and 26 Vict. c. 114 s. 2.

Rating game

Limitation of rights of a hirer of a shooting

Person with mere right of shooting cannot authorise arrest of poachers .
Arresting poachers during the night

Picking up pheasant shot in another's land a trespass

Not essential to conviction for trespass in pursuit of game that there should have been an intention to commit such trespass.

Retaking rabbits from poachers

Rabbits the property of person on whose land they are started and killed

Tenant killing rabbits where "game" reserved to landlord.

Labourer taking rabbit by order of farmer whose lease made no men

tion of rabbits in its game reservation

Bonâ fide assertion of right under Game Act

Mere vague belief of right not sufficient to oust jurisdiction of magis

trates under Game Act

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Ousting justices' jurisdiction.

63

Young pheasants, still under protection of hen in coop by day, are not

64

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Delivering live wild pheasants out of season

Lord of manor's right in a fishery

65

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Lord of manor's exclusive right to sport over allotments

Lord of manor not entitled to shoot over allotments of common

66

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