Employers' Liability Act, 161-166 object of the act, 161 provisions of the act, 162 power to contract out of statute, 162 "defects in condition of way," 163 "person having superintendence entrusted to him," 163 "railway" meaning of, 163 person "in charge of train upon railway," 164 amount of compensation, 164 limitation of time for bringing action, 165 money payable as penalties to be deducted from compensation, 165 action to be commenced in County Court, 165 service of notice of injury, 165 definition of terms in statute, 166 liability for injury caused by negligence of contractor, 183 ENGINE, sparks from railway, 198 from traction, 238 ENGRAVINGS AND PRINTS, copyright in, 310 proprietor's name must be engraved on print, 311 liability of seller of pirated engraving, 311 17 Geo. 3, c. 57, only applies to engravings pirated from other engravings, limitation of action, 311 ENTRY, forcible, 19, 67 what constitutes an entry without breaking, 348 ESTOPPEL, ⚫ in case of fraudulent representation, 256 ESTOVERS, common of, 114 ESTRAY, 121 EXCAVATION, injury caused by negligently making, 175 EXECUTION of process by sheriff, 340-54 EXECUTOR can maintain trespass for injury done to his testator's leasehold, 64 can distrain for rent due to their testator, 154 can sue for damage done to the personal estate of testator, as well as maintain an action under Lord Campbell's Act, 209 EXTINGUISHMENT of easement, 109 by unity of ownership, 109 by release or abandonment, 109 by destruction of the dominant tenement, 109 by non-performance of conditions annexed to grant, 109 of way of necessity, 109 EXTORTION by sheriff, remedy for, 354 FACTORS' ACTS, object of, 127 documents of title, 127 to what persons the Acts apply, 127 FACTORY ACT, duty of master to fence machinery under, 173 FALSE IMPRISONMENT, definition of, 22 what constitutes an imprisonment, 22 constructive imprisonment, 22 partial restraint, not an imprisonment, 22 responsibility for imprisonment, 22 warrant, though irregularly issued, a protection to officer executing it, 24 warrant should be in possession of constable at time of execution, 24 arrest for felony, 24 distinction between arrest by constable and by private individual, 24 for breach of the peace, 25 what amounts to breach of the peace, 25 disturbance at public meeting, 26 FALSE IMPRISONMENT-continued. arrest under certain statutes, without warrant, 26 committal for contempt of court, 29 imprisonment by order of judge acting without having jurisdiction, 30 as to limitation and notice to be given to judges and constables, when action arrest under Mutiny Act, 30 of principal by his bail, 31 of lunatic, 31 malicious arrest, an abuse of civil process, 31 writ of ne exeat, 31 arrest on a ca. sa. for larger amount than due, 32 FALSE PRETENCES, obtaining goods under, does not change property in, 129 FALSE REPRESENTATIONS which involve no legal consequences, 252 to third parties, 252 which are mere expressions of opinion, 253 made unintentionally, 253 to be actionable must be made with intent to deceive, 254 limits of responsibility for, 254 of matter of law not actionable, 255 responsibility of agent for, 256 of principal for agent's, 256 adoption of agent's, by principal, 258 innocent misrepresentation by agent, may render principal liable, 260 effect of Married Women's Property Act, 1882, upon, 261 by infant, 262 by maker of chattel, 263 to absent purchaser, 266 as to value of business, 269 damages recoverable in action for, 269 within Lord Tenterden's Act, 270 by directors and of officer's companies, 272. See DIRECTORS. FALSE RETURN, action against sheriff for, 252 FAMILY, justification of assault in defence of, 18, 19 FELONY, doctrine as to suspension of right of action in case of, 8 of railway company's servant, loss of goods through, 219 FENCE, obligation to, in case of railway company, 190 right to a several fishery prima facie imports ownership of soil, 115 but may be the subject of grant by the Crown, 116 right of several fishery, where river channel changes, 116 a several fishery is not within the Prescription Act, 116 in private rivers not navigable, the right of fishing belongs to the riparian right of fishing where river has been made navigable by act of Parliament, FRANCHISE, right of holding market, 92, 109 disturbance of franchise, 110 free warren defined to be a, 118 FRAUD, where it exists, Statute of Limitations begins to run when wrongful act by wife, 261 by infant, 262 by maker of chattel, 264 by vendor of chattel, 265 in sale of horse, 266 in goods sold by sample, 266 in sale of chattel "with all faults," 267 in advertisement, 268 in concealing dangerous nature of articles delivered to carrier, 269 |