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COMMON CARRIERS-continued.

provisions of 31 & 32 Vict. c. 119 (Regulations of Railways Act, 1868), 258
if journey partly by sea, a notice exempting from liability for injury

through fire, &c., at sea, if published in booking office, is binding, ib.
what amounts to a delivery to carrier, 259

decisions on, ib.
where carrier should deliver, ib.
not liable as such for safety of goods after constructive delivery, ib.
measure of damage where goods lost or destroyed, ib.
measure of damage where delay in transmission, 259, 260
in case of refusal to carry, same rule as to damages applies as in case of

delay necessitating other means of transit, 260
when value of contract lost by default of carrier may be recovered, ib.
as to notice of prospective profit, ib.
semble, notice should be so given as to make it a term of contract with

carrier that he should be liable for loss in case of delay, ib.
what damages cannot be recovered, ib.
remoteness, ib.

cases on, ib.
who entitled to sue for loss, &c., 260, 261

special property entitles sender to sue, 261
DEFENCES—

value not declared, &c., 11 Geo. IV. & 1 Will. IV. c. 68, 261
acts or defaults of consignor contributing to loss, ib.

fraudulent concealment of value or risk, ib.
COMMON CARRIERS BY SEA,

shipowner and master of ship liable at common law as insurers, 261
how liability restricted, 261, 262
statutory modifications of liability of, 262
provisions of 17 & 18 Vict. c. 104, exempting shipowner (not master) from

liability for loss by fire without his actual fault, ib.
and for loss by robbers, or embezzlement of certain articles, unless true

nature and value declared by shipper, ib.
neither shipowner nor master liable for loss occasioned by default of pilot,

by s. 388 of same Act, ib.
shipowner not liable beyond so much per ton of ship's tonnage, by 25 &

26 Vict. c. 65, where loss without his fault or privity, ib.

CARRIERS OF PASSENGERS-

liability of, less than that of carriers of goods, 262, 263
extent of liability of, 263
issuing passenger ticket evidence of contract to carry within reasonable

time, 263
liability of, in respect of passengers carried on a free pass, ib.

for passengers' luggage, ib.
where passenger takes merchandise as personal luggage, 263, 264
measure of damages, 264
passenger not entitled to general damages for derangement of or loss in

his business occasioned by delay, ib.
but may recover charges for other means of conveyance and hotel expenses

occasioned by the delay, &c., ib.
as to remoteness, see Hobbs v. London & South Western Rail. Co.,

cited ib.
DEFENCES—

denial of negligence, ib.
contributory negligence, ib. See NEGLIGENCE.
in case of luggage, that passenger took it under his personal care, 264

COMMON CARRIERS--continued.

DEFENCES-
where luggage deposited in cloak room, and ticket with conditions limiting

liability given on depositing it, 264
effect of such conditions as a defence in action for loss of luggage, 265

decision of Court of Appeal on point, ib.
FORMS-
statement of claim in action against carrier for non-delivery of part of goods

sent, and late delivery of others, 254–263
statement of defence to preceding claim, 264, 265
statement of claim against carriers for injury to goods during transit, 263,

266
statement of defence to preceding claim, setting out Carriers' Act, and non-

compliance, 266
statement of claim against carrier for non-carriage, and alternatively for

loss and conversion of goods, 267
statement of defence-denial that defendant was a common carrier, 267,

268
statement of claim against railway company for delay and non-arrival of

train, and consequent loss of market for horses, 268, 269
statement of defence to above, setting up special contract, 269, 270
statement of claim by carriers against consignors for freight, 271
statement of claim by carriers against consignees for freight, ib.
statement of defence and counterclaim to above, 271, 272
statement of claim by railway company for carriage of coals on a special

contract, 272, 273
statement of defence to preceding claim, 273
reply to preceding defence, ib.
statement of claim against a lighterman for injury to goods during transit,

in the alternative on his liability as common carrier, and on special

undertaking, 274, 275
statement of defence to preceding claim, 275, 276
statement of claim against carrier by sea for non-delivery of part of goods
sent, 276

For statements of claim, &c., in the case of injuries to passengers,

sce NEGLIGENCE.
COMMON INDEBITATUS COUNTS ABOLISHED. Sce PLEADINGS.
COMPANIES,

how they sue and are sued, 102
COMPOSITION. Sec BANKRUPTCY.
COMPOUND INTEREST,

form of claim for, 206
COMPROMISE OF SUIT IN DIVORCE COURT. See ILLEGALITY.
CONCEALMENT. See FRAUD ; INSURANCE ; SALE.
CONCLUSIONS OF PLEADINGS. See PLEADINGS.
('ONDITIONS PRECEDENT,

provision of Common Law Procedure Act, 1852, allowing plaintiff or de-

fendant to aver perforınance of, generally, not affected by Judicature Acts

and Rules, 277
nor provision thereof prohibiting general denials of such perform-
FORMS-
allegation of performance of, 226. And see passim, Forms under INSURANCE

(MARINE).

ance, ib.

CONSTABLES. See FALSE IMPRISONMENT; Malicious PROSECUTION ;

ASSAULT AND BATTERY.

CONTINUING BREACHES. See LANDLORD AND TENANT.

CONTRACT, BREACH OF. See BREACH OF CONTRACT.
CONVERSION. See TROVER.

COPYHOLD,

suits by devisees of, for recovery of land.

See RECOVERY OF LAND.

COPYRIGHT,

statutes regulating, in books, 277, 278
statutory definition of "book,” 277
decisions under statutes, ib.
statutes regulating, in engravings, sculptures, mo copies, and casts

and designs for ornamenting articles in manufacture, 278
statute regulating, in paintings, drawings, &c., ib.
statutes regulating, in dramatic and musical works, ib.

as to rights of alien authors, ib.
FORM-
statement of claim for infringement of copyright of book, by selling copies

unlawfully printed, 277, 278
CORPORATIONS,

how they sue and are sued. See PARTIES.
statement of claim against corporation of borough for negligence. See

NEGLIGENCE.
COSTS,

where executor fails in plea of ne unques executor. See EXECUTOR AND

ADMINISTRATOR.
not allowed to plaintiff in actions on judgments without order of the

Court. See JUDGMENTS.
COUNT,

common indebitatus, abolished. See PLEADINGS.
COUNTERCLAIM. Sce PLEADING.
COUNTY COURT,

judgments of ; sce JUDGMENTS.
COVENANT. Sce LANDLORD AND TENANT.

FORMS-
statement of claim for breach of, by husband to pay annual sum to trustee

for his wife, 279
statement of defence to preceding claim that the covenant was entered into

in consideration of the compromise of a suit in the Divorce Court, ib.
statement of claim in action on covenant to pay off an advance by instal-

ments and interest, 280
statement of defence to preceding claim, 280, 281

COVERTURE. Sce HUSBAND AND WIFE.
CULTIVATION. Sce LANDLORD AND TENANT.

CUSTOM

covenants to cultivate according to. See LANDLORD AND TENANT.

DEBENTURE. See STOCK.
DECEIT. See MISREPRESENTATION.
DEED. See BOND ; COVENANT.
DEFAMATION,

definition of libel, 281
averment of damage not essential, ib.
aliter, in slander unless where words actionable per se, ib.
slander not generally actionable unless special damage can be proved, 281,

282
Exceptions to this rule :-

a statement that the plaintiff has committed an indictable offence, 282
a statement that the plaintiff has a contagious disease unfitting him from

moving in society, ib.
an imputation affecting the plaintiff in his trade, profession, or occupa.

tion, ib.
what averments necessary in actions for defamation, ib.
that statement false, that it was malicious, and the fact of its publica-

tion, ib.
the truth of the alleged libel or slander an answer to action, ib.
aliter, to indictment for libel, ib.
advisability of expressly averring malice, ib.
publication of libel or slander essential, 283
what amounts to publication, ib.
plaintiff must be identified with libel or slander, ib.
necessity of the innuendoes, ib.
defamatory matter to be set out verbatim, 284
where libel in a foreign language, how set out, ib.

what amounts to special damage, ib.
DEFENCES-
1. Justification, 284, 285

malice presumed from matter being false, 285

how presumption rebutted, ib.
2. Privilege, ib.

rebuts presumption of malice, ib.
kinds of privilege, ib.
distinction between absolute and qualified privilege, ib.
instances of absolute privilege, 286

definition of qualified privilege, ib.
3. Denial of publication, ib.
4. Denial of defamatory meaning, ib.
5. That the words do not apply to the plaintiff, ib.
6. Accord and Satisfaction, 286, 287
7. Statute of Limitations, 287

8. Defence under Lord Campbell's Act, ib.
FORMS,

statement of claim for libel published in a newspaper article, 281–287
statement of claim for libel in a newspaper report, 287, 288
statement of defence to preceding claim, 288
statement of claim (in the alternative) against two defendants, 289
statement of defence of first defendant to preceding claim, ib.
statement of defence of second defendant, ib.
statement of claim for publishing a libellous letter, 290
statement of defence to preceding claim (justification and privilege), 290,

291
statement of claim for libel and slander, the former in the French lan-
statement of clain for slander of the plaintiff in his trade, 291, 292

guage, 291

DEFAMATION-continued.

FORMS-
statement of claim for slander of plaintiff's wife. Sec HUSBAND AND

WIFE.
statement of claim for slander of title of plaintiff's, 292, 293

statement of defence to preceding claim (Privilege), 294
DEFENCE, STATEMENT OF. See PLEADING.
DEL CREDERE AGENT. See AGENT.

DEMAND AND REFUSAL. See TROVER,

DEMISE. See LANDLORD AND TENANT.

DEMURRAGE. See CHARTER-PARTY.

DEMURRER,

may be to entire pleading of opposite party, or to any part thereof, 294
if paragraph of pleading demurrable, demurrer the proper course, and not

applying at chambers to strike out, 294, 295
must state specifically whether it is to whole or part of pleading, 295
must state some ground in law for the demurrer, but argument not confined

to such ground, ib.
party may demur to one part of pleading, and plead to another part thereof

as of right, ib.
but cannot plead and demur to the same pleading, or part of a pleading

without leave, ib.
when frivolous, ib.
entering for argument, ib.
effect of failing to do so, ib.
the settling of the "points" for argument, ib.
a development of ground stated in demurrer, ib.
should state all the objections to the pleading demurred to, ib.
though party confined to points stated, the Court will adjudicate on a

point which may suggest itself to them, ib.
the “demurrer book," how made up, ib.
as to delivery of copies to the judges, 295, 296
effect of demurrer being allowed or disallowed, 296

where there are other issues than those covered by the demurrer, ib.
FORMS

demurrer to statement of claim, 495
demurrer to statement of defence, 122, 123

demurrer to reply, 599
DEPOSIT,

statement of claim by purchaser against agent to recover on sale going off.

See SALE OF LAND.
DETINUE,

when action of, lies, 296, 297
distinction between, and trover, 297
form of judgment for plaintiff in, ib.
summary powers of Court in actions of, ib.
provisions of Common Law Procedure Act, 1854, as to repeated dis-

tresses until chattel delivered up, ib.
FORMS-
statement of claim against a solicitor and others for detention of deed,

296--298
stotement of claim for detention of a picture, 298

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