Page images
PDF
EPUB

OBSTRUCTION-continued.

liability for placing dangerous, in road, 175.

of highway, 240

OCCUPANCY

to maintain action for, plaintiff must show that he has sustained
special damage, 240

injury arising from, 241

existing upon highway at time of dedication, 244

in case of trespass to land, 64

by servant, 64

by the heir, 64

by executor, 64

by lessee, 64

by tenant for life, 65

by person occupying for a limited purpose, 65

by tenant in common, 65

[blocks in formation]

OMNIBUS,

only lies when its tenure is of a permanent nature, 369
to vicar and churchwardens for election of organist, 369
to admit a vestry clerk, 369

to appoint a churchwarden, 370

to elect guardians of the poor, 370

to insert in roll of town councillors, 370

to reinstate fellow of a college, 370

to restore name of medical man to register, 371

lies where election merely colourable, 371

removal of person misconducting himself in, 10

conductor of, does not come within the Employers' Liability Act, 166
racing, injury sustained by passenger in consequence, 176

[blocks in formation]

PARLIAMENT,

papers published by, privileged, 51

reports of debates in, privileged, 56

PARTNERS,

joint liability of, for tort, 10

PARTY WALL,

property in, 80

trespass by one tenant in common of, upon another, 80

meaning of the term, 80

right of support from, 80

regulations respecting, under the Metropolitan Buildings Act, 1858, 81

PASSENGER,

liability of railway company for safety of, 198

no warranty of safety, 199

distinction of liability between carriers of passengers and goods, 199

negligence the gist of an action in case of personal injury to, 199

neglect to carry safely, a wrong independent of contract, 200

injury to, through negligence in management of train, 200

where several companies have running powers over line where
accident occurred, 201

company not liable for injury caused to, through latent defects in rolling
stock, 201

what amounts to an invitation to alight at station, 201-4

bringing train to a standstill, 202

where train overshoots the platform, 203

calling out name of station, 203

what it implies, 204

not justified in running great risk to avoid inconvenience, 204
communication between, and guard, 205

injury to, through defective condition of line, 205

through negligence of foreign company, 206
through defective condition of station, 206

obstacle left on platform, 207

negligence of servant of the company, 207

contributory negligence by, 208

by child, travelling in charge of adult, 208

death of, through injuries caused by negligence, 208

action can be brought on behalf of relations under Lord Campbell's Act, 208
general damages in case of injuries to, 211

PASTURE,

rights of common of, 111

PATENT,

right, 315

under the statute of 21 Jas. I., c. 3, 315

Patents, Designs and Trade Marks Act, 1883, 315-19

persons entitled to apply for (s. 4), 316

application and specification (s. 5), 316

reference to examiner (ss. 6 & 7), 316

time for leaving complete specification (s. 8), 316
opposition to grant of (s. 11), 316

PATENT-continued.

sealing (s. 12), 317

date of (s. 13), 317

provisional protection (s. 14), 317
extent of (s. 16), 317

compulsory licences (s. 22), 317
revocation of patent (s. 26), 318

binds the crown (s. 27), 318

for one invention only (s. 33), 318

may be granted to representative of deceased inventor (s. 34), 318

to first inventor not invalidated by app'ication in fraud of him (s. 35), 318

assignment of (s. 36), 318

when lost, duplicate may be sealed, 318

true and first inventor of, 319

invention from abroad, 320
by servant, 320

subject-matter of, 320

novelty and utility necessary, 320
a process may be the subject of, 320
void for want of novelty in part, 320
combination of old and new process, 321
prior use and publication, 321
the specification, 322

provisional specification, 323

assignment of, 323

licences, 324

infringement of, 324

remedies for infringement, 325

[blocks in formation]

who is the author of, within the meaning of 25 & 26 Vict. c. 68, 308
penalty for illegal sale of, 309

PLATFORM

of railway station, invitation to alight upon, 201

train not drawn up close to, 202

train overshooting, 203

accident through obstacle placed upon, 207

PLEDGE,

of goods by factors, 127

documents of title, 127

application of the Act, 127
to whom it applies, 127

PLEDGE-continued.

with a power of sale, 128

of scrip certificates to secure advance, 128

POLICE CONSTABLE,

duty of, to remove person creating disturbance in a house, 19
may arrest when breach of the peace committed, 19, 25

action against superintendent for wrongful imprisonment, 23
person giving directions to, responsible for arrest, 23

warrant should be in possession of, at time of arrest, 24

arrest by, for felony, 24

distinction between arrest by, and by private person in case of felony, 24
may arrest on reasonable ground of suspicion, 25

arrest by, for misdemeanour, 25

without warrant, under Metropolitan Police Act, 26

and under other statutes, 26

statutory protection to, for acts done in execution of his office, 30

POLICE MAGISTRATE,

statutory protection to, for act done in execution of his office, 30
power to order restitution to owner of goods stolen or obtained by fraud, 132
the delivery of goods illegally detained, when under £15 in
value, 146

POSSESSION

of land necessary to maintain trespass, 63

title after twelve years, 63

exclusive, without property in soil, sufficient to maintain trespass, 67
of goods, necessary to maintain trespass upon, 119

[blocks in formation]

PRESUMPTION,

as to immemorial enjoyment, 92

PRINCIPAL,

responsibility in case of malicious prosecution by agent, 33
when liable for trespass by agent, 121

conversion by agent, 125

responsibility for frawl of agent, 257

adoption of agent's misrepresentation by, 258

reaping benefit from agent's misrepresentation, 260

PRINTS,

copyright in, 310

PRIVILEGE,

either absolute or qualified, 50

distinction between, 50

absolute, attaches to words uttered by judges, counsel and witnesses in a court

of justice, 50

absolute, attaches to observations of a coroner, 50

to statement of an officer before a military court of inquiry, 51

of witness before a select committee of the
Commons, 51

in affidavit sworn in the course of judicial pro-

ceedings, 51

to report by military officer in discharge of his duty, 51

qualified, attaches to communication made in discharge of a duty, 51
whether it attaches, a question for the judge, 52

rule as to, 52

attaches to report of directors on conduct of their manager, 53
memorial by elector to Home Secretary as to conduct of
justice of the peace during an election time, 53

character of servant, 53

where confidential relations established, 54

criminal charges bona fide made, 55

where defamatory statement is pertinent to an investi-

gation set on foot by plaintiff, 55

defamation by mistake, 55

fair criticisms on public men, 55

on public affairs, 55

reports of legal proceedings and debates in parliament, 56
report of a meeting is not always privileged, 56

fair criticisms and reviews on books and works of art,

56

PROCESS OF LAW,

abuse of, a conversion, 125

PROFIT À PRENDRE,

definition of, 111

can only be acquired by grant or prescription, 111
grant must be by deed, 111

rights of common,

common of pasture, 111

« PreviousContinue »