OBSTRUCTION-continued. liability for placing dangerous, in road, 175. of highway, 240 OCCUPANCY to maintain action for, plaintiff must show that he has sustained 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 OMNIBUS, only lies when its tenure is of a permanent nature, 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 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 company not liable for injury caused to, through latent defects in rolling 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 injury to, through defective condition of line, 205 through negligence of foreign company, 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 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 PATENT-continued. sealing (s. 12), 317 date of (s. 13), 317 provisional protection (s. 14), 317 compulsory licences (s. 22), 317 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 subject-matter of, 320 novelty and utility necessary, 320 provisional specification, 323 assignment of, 323 licences, 324 infringement of, 324 remedies for infringement, 325 who is the author of, within the meaning of 25 & 26 Vict. c. 68, 308 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 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 action against superintendent for wrongful imprisonment, 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 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 POSSESSION of land necessary to maintain trespass, 63 title after twelve years, 63 exclusive, without property in soil, sufficient to maintain trespass, 67 PRESUMPTION, as to immemorial enjoyment, 92 PRINCIPAL, responsibility in case of malicious prosecution by agent, 33 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 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 rule as to, 52 attaches to report of directors on conduct of their manager, 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 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 rights of common, common of pasture, 111 |