A Treatise on the Law of Torts

SECTION II-Abatement of Nuisances--
Statutory Remedies and
Penalties Actions

Prohibition-Injunction
and Indictment.

266. Abatement of nuisances.

267. Abatement of nuisances upon

commons.

268. Removal of ruinous buildings.

269. Abatement of nuisances arising

from the exercise in excess of

limited rights.

270. Removal of obstructions in pub.

lic thoroughfares.

271. The removal of obstructions in

watercourses.

272. Removal of obstructions to the

navigation of navigable rivers.

273. Obstructions to fishing.

274. Pulling down ruinous houses ad-

joining a public thoroughfare.

275. Statutory remedies and penalties

in respect of nuisances from

gas-works.

276. Penalties for fouling water.

277. Penalties for the non-consump-

tion of smoke.

278. By-laws for the suppression of

nuisances.

279. Actions for nuisances-Private

injuries from a public nuisance.

280. When a notice to abate or dis-

continue a nuisance should be

given before commencing an

action.

281. Continuing nuisances.

282. Parties to be made plaintiffs.

283. Parties to be made defendants.

234. Declarations for nuisances.

285. Declarations for injuries from the

keeping of ferocious animals.

286. Plea of not guilty.

287. Pleas justifying the fouling of the

water of a stream under a pre-

scriptive right to discharge

into it the refuse of dye-houses

and manufactories, and the

washings of mines.

288. Pleas justifying the obstruction

of a watercourse.

289. Pleas justifying the poisoning of
the atmosphere with noxious
smells and exhalations under a
prescriptive right to carry on
an offensive trade.

290. Evidence at the trial-Proof on

the part of the plaintiff.

291. Evidence for the defense.

292. Damages recoverable.

SECTION III.-Prevention of nuisances

by injunction and in-

dictment.

293. Injunction.

294. Acquiescence precluding equita-

ble relief.

295. Injunction to prevent the contin-

uance of noisy nuisances.

296. Prevention of public nuisances. '

297. Prevention of public nuisance by

indictment.

298. Nuisances in public highways.

299. Indictment against a corporation.

300. Proof of dedication of way to the

public.

301. User of a way by the public is by

no means conclusive of the

way being a public way.

302. Proof of animus dedicandi.

303. Occupation roads.

304. No particular time of enjoyment

is necessary for evidence of

dedication.

305. There may be a highway, by

dedication to the public, where

there is no thoroughfare.

306. Who may dedicate- A mere ten-

ant or lessee has no power to

throw open land to the public.

307. Commissioners of public works

have no power to dedicate.

308. Limited dedication.

309. Gates across a highway.

310. There can be no dedication for a

limited time.

311. Common highway of necessity,

312. Proof of highway by proof of

parish repairs.

313. Indictable obstructions in public

thoroughfares.

314. Indictable obstructions in navi-

gable rivers.

315. Repair of highways, sea-banks,

and sewers.

316. Liability to repair ratione clau-

suræ.

317. Repair by district highway board.

318. Ditches of turnpike roads,

317. Abandonment of the right to dis-

annex and remove ornamental

and trade fixtures.

348. Inability of the tenant to remove
fixtures after the expiration of

his term.

349. Right of purchasers or mortga

gees to enter and remove fix-

tures.

350. Waste committed by strangers

upon land demised to a tenant

or lessee.

351. License to commit waste.

352. Right of reversioners to enter

upon lands in the possession of

their lessees to inspect waste.

353. Injuries to lands and tenements

from fire.

354. Accidental fires.

355. Fire spreading from blast-fur-

naces and steam-engines.

356. Fire spreading from railways to

the adjoining property.

357. Fires occasioned by the negli-

gence of servants.

358. Injuries from gunpowder and ex-

plosive substances-Explosions

of gas.

SECTION II.-Remedies at common law

for injuries to lands

from waste, negligence,

and fire.

359. The writ of prohibition for waste.

360. Actions for waste.

361. Actions by owners of insured

premises.

362. Parties to actions for waste.

363. Declarations for waste.

364. Declarations upon the custom of

the realm for the negligent

keeping of a fire.

365. Pleas.

366. Evidence at the trial.

367. Damages recoverable in respect

of the severance and sale of

fixtures.

368. Effect of the recovery of nominal

damages.

369. Assessment of damages.

370. Damages recoverable from a ten-

permanency of the rents prima
facie evidence of the seisin in
fee of the person possessed.

387. Trial of title in an action of

trespass.

388. Title to realty from twenty years'

possession.

389. Accrual of the right on dispos-

session or discontinuance of

possession.

390. What is a dispossession or dis-

continuance of possession.

391. Occupation by poor relations and

servants-The possession of

the servant the possession of

the master.

392. Accrual of the right on death,

alienation, forfeiture, &c.

393. Conversion of defeasible tenan-

cies-at-will into an indefeasible

title-Possession of land by a

cestui que trust.

394. Title of bond fide purchasers of

trust estates.

395. Acquisition of title by persons

who obtained possession origi-

nally as tenants from year to

year.

396. Effect of continued wrongful re-

ceipt of rent.

397. Entry upon land and continued

claim.

398. Possession of co-parceners, joint-

tenants, and tenants-in-com-

mon.

399. Possession of younger brothers or

relations.

400. Acknowledgments of title.

401. Ecclesiastical and eleemosynary

institutions.

402. Disabilities.

403. Preservation of the rights of the

landowner by re-entry and

resumption of possession of

lands before the expiration

of the period of limita-

tion.

404. Rights of mortgagees.

405. Title to the church, chancel, and

churchyard.

406. Title to the sea-shore and bed of
navigable rivers.

407. Title to the soil of rivers or fresh-

water lakes.

408. Of the title to waste uninclosed-

land adjoining the sea-shore.

409. Of the right to the soil of turn-

pike roads and highways.

410. Accommodation ways.

411. Of the title to waste lands ad-

joining public highways.

412. Of the right to the soil of towing-

paths and the banks of rivers

and canals.

413. Of the right of property in trees

and bushes.

414. Of the ownership of trees stand-

ing in boundary hedges.

415. Of the right of property in boun-

dary walls and fences.

416. Of the ownership of hedges and

ditches.

417. Title to a pew in church.

418. Of actions against the hundred

for damage done to tenements

by rioters.

419. Parties plaintiff in actions for tres-

pass.

420. Tenants in common.

421. Tenant and reversioner.

422. Parties to be made defend-

ants.

423. Declarations for trespasses upon

land-Venue.

424. What may be given in evidence

under plea of not guilty.

425. Of pleas denying the plaintiff's

title or right of possession.

426. Of the plea of liberum tenemen-

tum, or plea of freehold.

427. Replication-Estoppel.

428. Of the plea of leave and license-

Equitable defenses.

429. Special pleas of matters in con-

fession and avoidance-Matters

of excuse.

430. Pleas justifying a trespass.

431. Justification of trespass under the

powers and provisions of an

act of Parliament.

432. Pleas justifying the breaking and

entering a dwelling-house with-

out warrant.

433. Of pleas of justification under a

prescriptive title.

434. Pleas of justification in the exer

cise of a right of way.

435. Replications traversing the pre-

scriptive right set up by the

defendant's pleas.

436. Traverse of the enjoyment as of

right and without interrup-

tion.

437. Replications traversing the enjoy-

ment of a right of way.

438. Facts and circumstances which

must be specially replied.

439. Replication of the existence of a

tenancy for life during part of

the period of enjoyment relied

on by the plea.

440. Rejoinder traversing the fact of

the existence of the tenancy

for life, during part of the

period of enjoyment.

441. Evidence at the trial-proof on

part of the plaintiff.

442. Proof under a traverse of the

plaintiff's possession, or right

of possession of the locus in

quo.

443. Proof by the reversioner.

444. Heir at law.

445. Proof of disseisin and re-entry.

446. Evidence for the defense.

447. Proof of leave and license.

448. Proof of pleas of justification.

449. Proof of right of way-Pleas of

justification.

450. Proof of deviations extra viam, in

the case of private ways.

451. Proof of a public right of

Books

A Treatise on the Law of Torts, Band 1