TRESPASS.-continued. tenants in common must join in trespass, quare clausum fregit, 1327. what transfer of property disentitles the owner of soil to maintain this action lies for gleaning, ib. when it lies against peace-officer, ib. party erecting tombstone, may have their action, ib. when this action lies for careless driving, ib. what is considered an unavoidable accident, ib. when against corporation, for act of their agent, ib. trespass q. c. f. must be commenced within six years, ib. where trespass cannot be maintained, ib. where entry warranted by law, ib. where this action lies for person entering another's land for the diver- sion of the chase, 1329. by tenant in common against his fellow, ib. bargainee for years, and lessor and assignees of bankrupt, when, in case of ship forfeited or seized as a prize, 1330. for taking excessive distress, ib. nor in certain cases for taking irregular distress, ib. nor against officer for taking by virtue of a replevin, 1331. against coroner, overseers, &c., when, ib. as to right of assignees of bankrupt, ib. See VENUE-ACCORD and SATISFACTION ESTOPPEL-LICENSE- of the pleadings, the declaration, 1332. venue in quare clausum fregit is local, ib. for taking goods is transitory, ib. ought to allege the trespass directly and positively, ib. how far declaration affected by R. G. H. T. 4 Will. IV. ; ib. not necessary to state precise day, ib. how time is stated in declaration, 1332, 1333. continuando no longer used, 1332. in trespass quare clausum fregit, locus in quo must be stated with in trespass for taking goods they must be specified, ib. and also that the goods sold were plaintiff's, ib. how animals feræ naturæ, must be described, 1334. how fixtures must be described, ib. of the plea of "not guilty," ib. by stat. meaning of, 1335, 1336. what evidence may be given under general issue in quare clausum when one defendant may be acquitted and sworn as witness for accord and satisfaction, ib. accord without satisfaction cannot be pleaded, ib. liberum tenementum, 1337. what defendant admits by this plea, ib what defendant undertakes to prove by this plea, 1338. when he pleads liberum tenementum in another, and that he entered by his command, the command is traversable, ib. when it is incumbent on defendant to plead freehold in another, ib. TRESPASS.-continued. estoppel, 1339. when verdict in an action may be pleaded by way of estoppel in facts stated in recital of specialty is conclusive between parties, 1340 leave and license, ib. where party licensed to do an act, all things necessary to do the act where several trespasses defendant must prove license for each, 1341. entry into an inn at reasonable time licensed in law, ib. when party becomes a trespasser ab initio, ib. where party abuses license given by law, ib. nonfeasance does not make party trespasser ab initio, 1342. working a distress is a trespass, ib. where license given by the party, an abuse does not make a trespasser as to entry upon stranger's land to take party's own goods, ib. process, 1343. breaking outward door, a trespass, ib. but breaking inward door, is not, ib. in criminal process, demand must be made before outer door broken, ib. as to powers given to commissioners of bankrupt to break open right of common, ib. right of common of pasture of estovers or of turbary, a good plea, ib. right of way, ib. in trespass quare clausum fregit, good plea, ib. different kinds of ways, ib. definition of a highway, 1345. there is no common right of bathing in the sea, ih. what amounts to a dedication to the public, ib. there cannot be a partial dedication to public, ib. consent of the owner in fee necessary, ib. private way, definition of, 1346. 1. by grant, ib. how it must be used, 1347. difference between user of highway and private way, 1347, 1348. 2. by prescription, definition of a que estate, 1348. right of way is an easement and not an interest, ib. and therefore should not be described as appendant or appur- unity of possession of land extinguishes it, when, ib. effect of unity of seisin, ib. 3. by custom, to church or to market by inhabitant of a village, good, ib. right of a tithe-owner, ib. 4. by express reservation, 1349. 5. for necessity, if close be granted to stranger, and is surrounded by grantor's when way exists by operation of law, ib. TRESPASS-continued. where there has been an extinguishment by unity of possession and pleading right of way, necessary to show the nature of the way, ib. in private way terminus a quo and terminus ad quem should be set as to new assigning extra viam, ib. tender of amends, ib. tender of amends before action for taking goods, &c., is not good, ib. trespass may be proved at any time before action brought, ib. what declaration is admissible, ib. as to proving where trespasses were committed, 1352. meaning of the words "close in which, &c." ib. as to proving right of way by user, ib. damages, ib. in trespass de bonis asportatis, jury may give interest on damages measure of damages in action, q. c. f., 1353. in case of breaking and entering a mine, ib. costs, ib. as to costs in action of trespass, see 3 & 4 Vict. c. 24; 38. how affected by R. G. H. T. 4 Will. IV. 7; ib. when verdict is distributable, ib. TROVER: what necessary to maintain the action, 1354. plaintiff must have either absolute or special property in the goods, and right of possession, 1354, 1364. absolute property, what is sufficient, 1355. property in stolen goods. See STOLEN GOODS. award does not confer property so as to support trover, 1356. when property vests in consignee, 1356, 1357. bill of lading, indorsement of, confers sufficient, 1357. property must be perfect and complete, 1360. special property, definition of, 1362. sufficient against all but the absolute owner, 1362, n. (3), 1363. not landlord for goods distrained, ib. temporary property when sufficient, 1363. when either special or absolute owner may bring trover, ib. right of possession, landlord, of chattels let has not sufficient, to bring trover, 1364. when acquired by vendee, 1364, 5. sufficient without actual possession, 1365, & n. (4). subject of the action, personal goods only, 1366. not things fixed to the freehold, ib. when timber severed is a subject of the action, 1355. what are fixtures. See FIXTURES. the conversion, wrongful conversion the gist of the action, 1370. TROVER-continued. what sufficient, 1370, & n. (6). taking by unauthorized assignment, 1370. misdelivery by a warehouseman though by mistake, ib. retaining goods sold for ready money without paying, 1373. burning a ship, of the master, when, 1374. or the cargo, of the captain, when, 1375. what not sufficient, taking for the use of plaintiff, 1371. mere non-delivery by a carrier, &c. 1356, n. (2), 1392, 3, n. (21). agent unable to sell abroad leaving them with a third person to sell irregular sale of a distress, ib. demand and refusal only evidence of a conversion, 1392, 3. conversion of negotiable securities, 1371, 2. by whom and against whom trover maintainable, not by one joint-tenant, &c. against another, 1376. exception where thing held in common destroyed, 1377. effect of non-joinder of a joint-tenant, 1378. against a corporation, ib. consignor and consignee, generally consignee proper party to bring trover for goods delivered to a carrier, 1356, 7. the pleadings, the declaration, form of, 1378. venue transitory, ib. description of the goods, 1379. statement of the possession of defendant, 1379, of plaintiff, ib. in action by, or against husband and wife, 1380. count in, against carriers, 431, 2. the pleas, effect of "not guilty" under the new rules, 1380. under it defendant cannot prove a lien, ib. effect of plea of "no property" in plaintiff, 1381. statute of limitations, 1382. what must be specially pleaded, 1381, 2. bankruptcy of defendant after cause of action no plea, 1382. defendant having acknowledged property to be in plaintiff, cannot set up title in a third person, 1355. defences to the action-liens, when a lien a defence, 1382, 3. no lien without possession, 1383. lien of a master of a ship, 1384. attornies and solicitors, 1384; bankers, 1385; innkeepers, 1386; po- 1389. other particular trades that have general liens, 1386, 7. if lien lost, defendant cannot under this plea set up another right to destruction of liens, causing goods to be taken in execution and purchasing them, ib. TROVER-continued. by retaining goods on some other ground, 1389. waiver of lien, by agreement, 1388. by taking security, ib. revival of lien on repossession, 1387. no lien on goods which might have been removed before charges whether agreement for the price prevents lien, 1388, 1394, n. (22). lien cannot be acquired by wrongful act, 1390, & n. (18). no tender necessary where defendant cannot deliver up the goods, evidence, things necessary to be proved, ib. not necessary to prove how goods came to defendant's hands, ib. parol evidence of deeds sought to be recovered, when admissible, 1391. parol evidence of title admissible, where bill of lading unstamped, 1392. entries in the custom-house not of themselves evidence without con- proof of conversion, demand and refusal to be proved, 1392, 3, 4. except where actual conversion or tortious taking is proved, 1392. nor false statement, ib. refusal, to be evidence of conversion, must be by party having it in his refusal, no evidence of conversion, where anything due, unless the sum if tender be dispensed with, refusal on another invalid ground, evidence where several defendants' joint conversion must be proved, 1395. staying proceedings, on bringing subject-matter into court and paying costs, ib. in the nature of interest, 1396. in action against sheriff expenses of the sale to be deducted, when, ib. in trover on bill of exchange how calculated, 1395. judgment, TRUST: is for damages only, 1396. See COSTS-JUDGMENT-LIEN-VENUE. under what circumstances court will presume an outstanding term surren- if it appear that legal estate is outstanding in another person, cestui que TURBARY: common of, 435, n. (1). TURNIPS: tithe of, 1314; new statute concerning, 1315. |