PENALTY. See Forfeiture. as distinguished from liquidated damages, 386 no injunction, if sum named be liquidated damages, 386, 391 PENALTY-continued. if sum named be a, injunction to restrain breach of covenant is not must be waived by persons who come to the Court for relief, 36, 279 PERIODICALS, copyright in articles contributed to, 300-302 PERMISSIVE WASTE, 38, 51 PERPETUAL INJUNCTION, is in effect a decree, 590 decreed, if an equitable case be shown, 25 not granted till judgment in the action, 27 granted, though not claimed by the writ of summons, 590) declaration of right instead of, 590 plaintiff cannot be compelled to take damages in lieu of, 591 principles on which granted, 25 granted in general after establishment of legal right, 25 not granted, if damage be small, 25 acquiescence as a bar, 26 postponed till after a certain period, 26, 135 account as incident to, 27 costs, 28 PHOTOGRAPHS, copyright in, 311 PICKETING, 242 PIG-STYE, a nuisance, 157 PIRACY. See Copyright. PISCARY, drying up, 44 PLANS, if referred to, read along with agreement, 366 POOR LAW, injunctions relating to relief under, 512 POSSESSION, taken under Lands Clauses Act, 94 no injunction against parties continuing in, 96, 108 PREFERENCE SHARES, injunctions against issuing, 489 injunction at instance of holder of, 484 PRESCRIPTION ACT, 149 cases in which it does not apply, 150, 155, 158, 235 "enjoyment" of light under the Act, 150 PRESENTATION, injunction to restrain, 418, 465 PRESUMPTION, of grant, 146, 160, 199 PRINCIPAL AND AGENT, principal bound by acquiescence of agent, 17 PRINTS, copyright in, 308-311 piracy of, 308 no copyright in immoral, obscene, or libellous, 310 PRIVACY, loss of, by opening a window, 144 PROCEEDINGS, pending in High Court, not restrained by injunction, 10 stay of, no injunction to stay proceedings in High Court, 517 frivolous and vexatious actions, 517 proceedings against company in course of winding up, 528 proceedings in inferior Courts, 518 in foreign Courts, 520. See Foreign Courts. pending appeal, 273 PROCESS, meaning of, in reference to the patent law, 262 PROMOTERS OF PUBLIC WORKS, rights and liabilities of, 121-123 agreements of, with landowners, 551, 552 PROPERTY PENDENTE LITE. See Protection of Legal Rights to Pro- PROSPECT, shutting out a, 144 PROTECTION OF LEGAL RIGHTS, PENDING THE TRIAL OF principles on which the Court formerly interfered, 576 PUBLICATION, of documents, papers, &c., in breach of confidence restrained by in- of lectures, restrained by injunction, 434 of letters, restrained by injunction, 432 of manuscripts, &c., restrained by injunction, 428, 431 of proceedings pending before Court of justice restrained, 302, 546. no copyright at common law in a book, &c., after, 283 what amounts to, 429 public representation or performance of a dramatic piece, or musical PUBLIC BODIES, injunctions against trespass by, 86 injunctions against nuisance by, 133-137 principles on which injunctions are granted against, 86, 133, 471, 509 PUBLIC HEALTH ACT, a local board interfering with rights of property in manner not PUBLIC WORKS, construction of, 104, 126-131 lands injuriously affected by, 126–131 PURCHASER, in possession, restrained from committing waste, 61 who has not accepted title cannot sue in respect of nuisance, 126 PURITY, of a natural stream, 185 of an artificial watercourse, 193 of a navigable tidal river, 207 of air, 155 PURPRESTURE, what is a, 206 as distinguished from nuisance, 206 inquiry whether beneficial to the Crown that it should remain, 206 injunction to restrain a, 206 QUARRY, as distinguished from a mine, 45 tenant for life, &c., may work an open, 45 estovers of a, 46 QUOTATION, when infringement of copyright, 293-295 RABBIT WARREN, breaking up a, 44 RAILWAY CLAUSES CONSOLIDATION ACT, 102-109 limits of deviation, 102 notice of intention to exercise powers of deviation must be given, 103 land may not be taken except for proper purposes of the Act, although interference with roads under the Act, 105 no injunction granted under s. 92 to compel railway company to injunction granted under s. 115 to prevent engines being used on injunction will also be granted to enforce provisions of s. 117...107 if purchase money not paid, landowner may enforce lien, and RAILWAY COMPANY. See Railway Clauses Consolidation Act. restrained from opening line without sanction of Board of Trade, 472 restrained from entering into contracts ultra vires, 486 restrained from doing improper acts, 486 restrained from issuing preference shares, 489 working agreements of, with another company, 489, 490 agreement of, as to passing over another line, 106 powers of, to effect a junction with another line, 107 right of, to exclude from station all persons except those using the RATE, injunction against enforcing a, 548 RECEIVER, in partnership cases, 454 of rents of land, 466 promoters of a company taking land in possession of a, 91 may have an injunction against waste by tenants for years, 62 course of proceeding where, is sought to be restrained, 549 RECREATION, ground dedicated to public, whether a nuisance, 244 REFERENCE TO CHAMBERS, on granting an injunction, 153 REGATTA, holding a, when a nuisance, 162 |