for commitment. An order for committal for breach of an injunction must Chap. XXIII. Sect. 6. recite the affidavit of service of the order granting the injunction, and either the affidavit of service of the notice of motion, Form of order or the appearance of the defendant personally, or by counsel, upon the motion (r). The order ought in strictness to be prefaced by a declaration that the act complained of is a contempt, but the absence of such a declaration is not a ground for discharging the order for irregularity (s). It is not irregular to engraft upon the order a direction that the party committed shall pay the costs of his contempt, but, if the order extends to charges and expenses as well as costs, it is to that extent irregular (s). at the cost of the party. If a mandatory order or injunction be not complied with, Court may direct performance of the Court or a judge, besides or instead of proceedings against judgment by the disobedient party for contempt, may direct that the act another person required to be done may be done so far as practicable by the disobedient party by whom the judgment or order has been obtained or by some other person appointed by the Court or a judge, at the cost of the disobedient party, and upon the act being done, the expenses incurred may be ascertained in such manner as the Court or a judge may direct, and execution may issue for the amount so ascertained and costs (t). An order to commit may be appealed from without leave, An appeal— the liberty of the subject being involved (u); but an order when it lies. refusing an application to commit cannot, since the Judicature Act, 1894, came into force, be appealed from without the leave of the judge (x). (r) Stephens v. Workman, 11 W. R. 503. (8) Ex parte Van Sandau, 1 Ph. 605. (t) Ord. XLII. 30. See Mortimer v. Wilson, 33 W. R. 927. (u) See sub-s. (1) of s. 1 of Judicature Act, 1894. (x) Bowden v. Yoxall, (1901) 1 Ch. 1 (C. A.). INDEX. ABATEMENT OF ACTION, 589 ABATEMENT OF NUISANCE, 234 ABRIDGMENT, copyright in, 298 whether or not a piracy, 298 ACCEPTANCE, of bill of exchange, injunction against the, 536 ACCESS, of light to windows, 141-144 of air to windows, 154 to a highway, 225, 226, 232 to the sea-shore or a navigable river, 209 ACCOUNT, as incident to an injunction to restrain the violation of a common no account in general unless injunction be competent, 27, 28, 76 limited to monies actually received, and profits actually made, no account, if acts be unattended by profit, 28, 77 limited to profits for six years before action brought, 27, 78 exception, 78, 112 delay and acquiescence, as a bar to the application, 28, 78 of waste, 75-78 in cases of trespass to mines, 112, 113 in copyright cases, 325 in trade-mark cases, 352 account not usually taken, 28 ACQUIESCENCE, principle of, 16 what is necessary to constitute, 16-19 stronger case required to justify refusal of perpetual, than of inter- locutory injunction, 18, 26 ACQUIESCENCE-continued. may preclude a party from all remedy, 19 cases in which principle does not apply, 16-18 as a bar to an interlocutory injunction, 18, 138, 265, 361 as a bar to relief at the hearing, 18, 26 cases in which the principle applies most strongly, 16, 139 binding on corporation as well as individual, 17 circumstances, &c., excluding, 17, 18, 348 conduct with others may constitute, 17, 361 ACTING, not a publication, 429 injunction to restrain a player from, 402 ADMINISTRATOR, restrained from collecting assets, 444 AFFIDAVITS. See Evidence. application for injunction must be supported by, 557 contents of, 558 on ex parte application, 557 in support of motion to commit, 597 by whom made, 559 when sworn, 559 title of, 559 form of, 559 statements based on information and belief, 560 must be filed, 560 time of filing, 560, 561 delivery of copies, 562 office copies must be in Court at time of making the motion, 560 in copyright cases, 275 in patent cases, 251 hearing the motion on, 563, 564 admission of, after opening the motion, 562 AGENT, lending himself to the perpetration of a fraud restrained, 342, 343 restrained from disclosing confidential communications, 420 AGREEMENT. See Covenant. construction of, 363 implication of, 365 injunctions against breach of, 356 et seq. AGREEMENT-continued. general principles as to specific performance of, 357 building or personal agreement not generally enforced, 359, 360 conduct of party, who seeks to restrain breach of, must be consistent acquiescence, 361 delay, 361 not to do a thing enforced by injunction, 370 negative quality may be imported into affirmative, 394 negative quality not imported into affirmative, 398 containing both negative and affirmative stipulations, 402 not to apply to Parliament, 392 enforced by injunction against persons taking without notice, 405 between landowner and a railway company not affected by Lands no aid given to either of the parties to an illegal, 491 perpetual injunctions against breach of, 412 damages for breach of, substituted for injunction, 417 AGRICULTURAL HOLDINGS ACTS, AIR, provisions of with regard to fixtures and compensation, 80 condition as to higher rent in case of breach of covenant, 390 passage of, to windows, 154 passage of, for trade purposes, 155 right to purity of, rule as to, 155 injunctions to restrain pollution of, 156 various nuisances to, 157 ALIMONY, injunction to restrain husband from defeating, 541 wife who has obtained an order for, is in the position of a judgment ALMANACKS, copyright in, 290 piracy of, 296 ALTERATION OF PROPERTY, waste by, 38, 48-51 in breach of covenant in lease, 548 |