Twenty years' enjoyment of light, how calculated 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 Title of owner of ancient house to lateral support from adjoining land 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 PAGE 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 Conveyance of close adjoining highway implies that of highway usque ad medium filum viæ Map held inadmissible under certain circumstances to prove rights of way Order of justices to stop up a public carriage-road under an Inclosure Power of Inclosure Commissioners to set out private road Right of way under deed of partition 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 ib. ib. ib. 13 ib. ib. ib. ib. 14 ib. ib. ib. 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 ib. ib. Tenant for life barred by lapse of time from receiving proceeds of timber 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 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 PAGE. No action lies for interception of water merely percolating through the earth 24 Water escaping from railway-cuttings into a mine 25 Working mines under water-course 26 Cattle drinking stagnant water improperly emptied on to land 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 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 "Just and reasonable" condition with respect to a dog under the Traffic 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 Just and reasonable contract under Railway, &c., Traffic Act 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. PAGE 31 35 ib. 36 ib. ab. 37 38 ib. 39 ib. 40 ib. 41 ib. 42 ib. 44 ib. 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. Infringement of Highway Act by the use of a steam thrashing-machine. Reasonableness of a horse-racing custom Mere permissive tenant has no right to sue a claimant under owner for forcible entry Forcible entry in exercise of right of common of pasture Terms of certificate to deprive plaintiff of costs in action for wrong Estimating damages for trespass or negligent act crops Liability for damage by fire occasioned by sparks from locomotive 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 Nuisance by brick-burning Onus on defendant to show that trade is carried on in a reasonable and 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 . 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 Ousting justices' jurisdiction. 63 Young pheasants, still under protection of hen in coop by day, are not 64 ib. Delivering live wild pheasants out of season Lord of manor's right in a fishery 65 Lord of manor's exclusive right to sport over allotments Lord of manor not entitled to shoot over allotments of common 66 |