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39. Refusal to obey the lawful decree
of a court of justice.
40. Malicious injuries.
41. Malicious procurement of loss or
damage to another.
42. Abuse of power by governors of
colonies.
43. Abuse of authority on the part of
naval and military officers.
44. Torts committed by British sub-
jects in foreign countries.
45. Suspension of the remedy by action
when the tort amounts to felony.
46. The doctrine of the merger of a
trespass in felony.
47. Cheating by forgery.
48. Actions for bigamy.
49. Actions for misdemeanors.
50. Public and private wrongs.
51. Of the legal maxim, There is no
wrong without a remedy.
52. Waiver of tort.
SECTION II.-Of Rights, Duties, and Obligations Created by By-Law and by Statute.
53. By-laws founded on statute im-
posing penalties for the sup-
pression of certain torts.
54. By-laws of municipal corpora-
tions.
55. By-laws for the prevention of in-
decent bathing.
56. By-laws by public commissioners, local boards, and public com- panies.
57. By-laws in restraint of trade.
58. Remedies for the emforcement of
statutory duties and obliga-
59. Of the imposition of a penalty as
a cumulative, exclusive, or al-
ternative remedy for the pro-
tection of a right or the sup-
pression of a wrong.
60. Infringement of statutory copy-
right. Penalties and actions
for damages.
61. Infringement of copyright in lec-
tures. Penalties and actions
62. Infringement of copyright in pub-
lished dramatic literary prop-
erty and musical compositions.
63. Unlawful representations of dra-
matic pieces and musical com-
positions.
64. Infringement of the Sculpture
Copyright Acts.
65. Piracy of useful and ornamental
designs.
66. Piracy of prints and engravings.
67. Infringement of copyright in paint
ings, drawings, and photo
graphs.
68. Registration of the proprietorship
of the copyright.
69. Proof of the copyright.
70. Penalties for the use of counterfeit
trade-marks and false descrip-
71. Penalties for the commission of
nuisances.
72. Of patent rights.
73. The subject-matter of a patent. 74. Remedies for infringement.
75. Remedies for infringement by as-
signees and licensees.
76. Pleas—Want of novelty or utility.
77. Statutory benefits and burdens.
CHAPTER II.
OF INFRINGEMENTS UPON RIGHTS NATU-
RALLY INCIDENT TO THE POS-
SESSION AND OWNERSHIP
OF LAND.
SECTION 1.-Of the right and burden of
natural servitude.
78. Torts arising from the distur-
bance of rights of servitude.
79. Natural and necessary servitudes.
80. Dominant and servient tene-
ments.
81. Prædial and urban servitudes.
82. Natural and necessary servitudes
accessoral to the drainage of
land.
83. Statutory powers for the im-
provement of the drainage of
lands.
84. Of the natural servitude of sup-
port from adjoining lands.
85. Of the natural servitude of sup-
port from the subsoil to the sur-
face of land, when the surface
and subsoil constitute separate
freeholds vested in different
proprietors-Mutual rights and
duties of separate owners of
the surface and subsoil.
86. Abridgment of the right and
servitude of support by express
contract.
87. Transfer of natural servitudes.
88. Torts arising from the diversion
of running water.
89. Diversion of water for purposes
of irrigation and drainage.
90. Effect of acquiescence in the un-
lawful diversion of water from
a running stream.
91. Of the right to pen back water.
92. Injuries from the defilement of
streams."
93. Disturbance of the permissive
use and enjoyment of water.
94. Of the right of land owners to
well-water.
95. Of the flooding of land from arti-
ficial collections of water.
96. Statututory property and inter-
est of navigation companies
in the water of a navigable
river.
SECTION IL-Of the remedy by action and
by injunction for infringements
of rights incident to the possession
and ownership of land.
97. Direct and consequential in-
juries.
98. Parties to be made plaintiff's
tenant and revisioner.
99. Of the parties to be made defen-
dants.
100. Of the plaintiff's declaration of
his cause of action-Venue.
101. Declarations for infringement of
122. Right of towing on banks of a
navigable river.
123. Easement of support passes as
accessorial to a grant of land
or tenement. when.
124. Right to search for minerals un-
der railways and canals.
125. Servitude of support from one
house to another, when built
together, so as to require mu-
tual support.
126. When separate floors of a build-
ing are granted to different
proprietors.
127. Grants of light or air.
128. Accessorial grants of light and air.
129. No man shall derogate from his
own grant.
130. Transfer of easements and profits
à prendre.
131. Effects of grants in special cases.
132. Exclusive licenses.
133. Rights over another's land claim-
able by custom.
134. When a profit à prendre is claim-
able by custom-Manorial cus-
toms.
135. Common appendant.
136. Common appurtenant.
137. Common of shack.
138. Right of common pur cause de·
vicinage.
139. Common of turbary.
140. Common of estrovers.
141. Common in grass.
142. Rights of sole and several pas-
turage Cow-grasses and cat-
tle-gates.
143. Rights of tinbounders to search
for tin in Cornwall.
144. Accessorial grants.
145. Inconsistent rights of common.
146. Of the servitude of maintaining
and repairing sea-walls, ditches
and sluices.
147. Of customary rights of fishing
and driving stakes for nets in
the sea-shore.
148. Customary and prescriptive rights
of bathing on the sea-shore.
149. Title by prescription.
150. Pews.
151. Prescriptive rights founded on
the presumption of a grant.
152. Of the prescription act.
153. What profits or benefits may be
claimed by user, and enjoy-
ment under the prescription
Act.
154. Enjoyment must be of a right.
155. Enjoyment by consent or agree.
ment.
156. User and enjoyment as of right
against all persons having an
estate or interest in the land.
157. What sort of enjoyment is essen-
tial to the gaining of a pre-
scriptive right of way.
158. Enjoyment of a way over land
out on lease.
159. Enjoyment of a right of com-
mon by a tenant over land in
the possession and occupation
of his landlord.
160. Natural and artificial water-
courses.
161. Prescriptive right to pen back
water.
162. Prescriptive right to foul the
water of a stream.
163. User and enjoyment of water
from artificial drainage, canals,
&c.
164. Kind of enjoyment essential to
gain a right of support from
the adjoining land of a neigh-
boring proprietor.
165. Houses resting against each
other.
166. Kind of enjoyment requisite to
gain a prescriptive right to the
maintenance of a fence by an
adjoining landowner.
167. Kind of enjoyment essential to
access of light to windows.
168. Effect of unity of ownership.
169. Enlargement of windows-En-
joyment of enlarged windows.
170. What interruption in the enjoy-
ment prevents the acquisition
of a title by prescription.
171. Of the necessity of a continuous
enjoyment as of right and
without interruption.
172. What breaks the continuity of
the enjoyment-Asking leave.
173. Of the necessity of a continuous
enjoyment.
174. Exclusion of the period during
which the servient owners were
infants, idiots, feme coverts, or
tenants for life.
175. Of the right of reversioners to
exclude certain periods.
176. Waiver and extinguishment of
easements.
177. Parol abandonment of incorpor-
eal rights.
178. Waiver and extinguishment of
an easement of light and air.
179. Extinguishment of an easement
of light by alterations in win-
dows and buildings.
180. Disuse of right of way.
181. Extinguishment of ways of ne-
cessity.
182. Suspension and forfeiture of
rights of way and watercourse
by non-performance of condi-
tions of the grant.
183. Disuse of right to water.
184. Merger and extinguishment of
easements and servitudes by a
unity of ownership.
185. Sort of unity of ownership essen-
tial to extinguish easements.
186. Revival and recreation of ease-
ments and servitu les.
187. Effect of the destruction or alter-
ation of the dominant tene-
188. Of the maintenance and repairs
of ways and watercourses.
SECTION II-Remedy for the infringe- ment of incorporeal rights.
189. Abatement of obstructions to
190. Of the right to distrain beasts
200. Not guilty by statute.
201. Traverse of the right.
202. Plea of leave and license.
203. The evidence at the trial.
204. Proof of enjoyment to gain a
prescriptive title at common
law, or under the prescription
205.
206. Proof of right to the tree access
of light.
Proof of right of way.
207. Proof of obstruction to a right
of way-Erection of gates.
208. Proof of obstructions to the
access of light.
209. Proof of the right to an ancient
weir and fishery in a navigable
210. Proof of the servitude of main-
taining and repairing fences.
211. A tenant can not derogate the
title of his landlord.
212. Of damages. 213. Injunction to prevent the dis-
turbance of easements granted
by parol.
214. Injunction to prevent obstruc-
219. Offensive smells and noisome
trades.
220. Brick-burning.
221. Of prescriptive rights to the ex-
ercise of a noisome trade.
222. Nuisances. from privies, chim
neys, and manufactories-Lia-
bility of the landlord and oc-
cupier.
223. Defilement of springs and run-
ning streams.
224. Noisy nuisances.
225. Collection of crowds.
226. Injuries from spring-guns, man-
traps, dog-spears, engines, and
machines placed on land.
227. Injuries to animals from dog-
traps.
228. Injuries from unguarded wells,
mining-shafts, areas, and cel-
lars.
229. Injuries from the dangerous state
of private ways.
230. Nuisances adjoining highways-
Dangerous pits and excava-
tions Steam-engines and
windmills.
231. The use of locomotive steam-
engines on highways.
232. Dangerous excavations adjoining
highways.
233. Dedication of a highway to the
public subject to certain risks
and inconveniences.
234. Obstructions in public thorough-
fares.
235. Obstructions in navigable rivers.
235. Obstructions from sunken vessels,
anchors, telegraphs, wires, &c.
237. Where the public right of free
navigation is taken away, and
the power of removing ob-
structions is vested in the
hands of conservators of the
238. Injuries to land from the erection
of groins, sea-walls, and de-
fenses against tides and cur-