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.

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-
guage, 291

statement of claim for slander of the plaintiff in his trade, 291, 292

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

statement of claim for detention of a picture, 298

DETINUE- continued.

FORMS-

statement of claim against police constable for detention of jewellery taken
from an acquitted prisoner, 298, 299

statement of claim for detention (also stating grounds of action of trover),
for goods left in house by outgoing tenant, 299

statement of defence and counterclaim to preceding claim, 299, 300

DEVIATION. See INSURANCE (MARINE).

DEVISEE,

actions by, for recovery of land. See RECOVERY OF LAND.
DILAPIDATIONS.

LAND.

See LANDLORD AND TENANT; REPAIRS; RECOVERY OF

DIRECTORS OF COMPANY,

action against, for misrepresentation by means of fraudulent prospectus.
See MISREPRESENTATION.

DISCHARGE. See BANKRUPTCY; RELBASE; RESCISSION.

DISCLAIMER. See BANKRUPTCY.

DISHONOUR, NOTICE OF. See BILLS OF EXCHANGE.

DISTRESS,

the nature of remedy by, 300

when to be levied, 301

where to be levied, ib.

things absolutely privileged from, ib.

things conditionally privileged, ib.

distinction between illegal and irregular, ib.

where it is illegal, the real nature of the action is trespass and trover, ib.
the different consequences of illegal and irregular distresses, 301, 302

effect of irregular distress on the rights of the parties, 302

excessive distress-question of excess is one for the jury, ib.

FORMS-

statement of claim setting out grounds of action for illegal and irregular
distress against landlord and bailiff, 300-303

statement of defence to preceding claim of one defendant (landlord), 303, 304
statement of claim for illegal and irregular distress (combining claim for
trespass independent of the distress), 304, 305

DOMESTIC SERVANTS. See WRONGFUL DISMISSAL.

DOUBLE RENT. See LANDLORD AND TENANT.

EARNEST,

under 17th section of Statute of Frauds. See SALE OF GOODS.

EASEMENTS,

what are the material averments in action for disturbance of, 305
not necessary to state how easement arose or was created, 306
grantee of, primâ facie bound to repair, ib.

How LOST-

abandonment of, ib.

what is evidence of, ib.

a license given and acted on inconsistent with continuance of easement-

instance, ib.

release, ib.

EASEMENTS-continued.

How LOST-

termination of necessity where easement is a way of necessity only, 306, 307
ownership of dominant tenement vesting in owner of servient tenement, or
conversely, 307

effect of an attempt to enlarge an easement, ib.

FORMS:

statement of claim for obstruction of watercourse, 305-309

statement of defence to preceding claim, 309–311

statement of claim for obstruction of light (also containing allegations of

other injuries), 311-313

statement of defence to preceding claim, 313-315

EJECTMENT. See RECOVERY OF LAND.

ELECTION, statement of claim for recovery of penalty for bribery at. See
PENALTIES.

ENGINEER,

statement of claim by, for services rendered in conjunction with projected
railway. See SURVEYOR.

when executors, &c., may sue for breaches of contract of testator or
deceased person, 315–317

right to sue for breaches of contracts, having reference to the real estate,
pass to, if the interest be of chattel nature, 315

aliter, if of freehold nature, unless testator, &c., has himself sued for
breaches of covenant, or unless involving a distinct injury to personal
estate, ib.

personal contracts with testator or intestate may be sued on by, in respect
of damage to the personal estate whether breach before or after death, ib.
contracts which are personal to the testator, &c., cannot be sued on unless
personal estate depreciated, 315, 316

where contract rescinded by death, breach before death may be sued on by,
316

where cause of action has arisen in testator's lifetime, executor, &c., must
sue as such, ib.

if it arose altogether after death, he may sue personally or as executor, ib.
evidence of title of executor, &c., to sue, ib.

TORTS-

actions for personal injuries generally die with the person, ib.

aliter, as to actions under Lord Campbell's Act, ib.

decisions under the Act, 216, 217

injuries to real estate of testator or intestate, 217
to personal estate, ib.

ACTIONS AGAINST EXECUTORS AND ADMINISTRATORS,
CONTRACTS-

to what extent they are liable on contracts of deceased, ib.

to what extent liable for their acts in connection with estate, ib.
when liable to be sued in common law divisions, ib.

defences to actions against executors and administrators, 318-320
that defendant was not executor, 318

if he has made himself executor de son tort he is liable, ib.

Y Y

EXECUTORS AND ADMINISTRATORS-continued.

CONTRACTS-

what acts will and will not constitute an executor de son tort, 318
defence of plene administravit, 318, 319

order of distribution of assets, 319

executor, &c., may legally pay a debt barred by the Statute of Limita-
tions, ib.

defence of plene administrarit preter, ib.

judgment of quando acciderint thereon, ib.

TORTS, 319, 320

when executors liable for torts committed by testator in his lifetime,
liability of executor, &c., of deceased incumbent for dilapidations of rec-
tory under 34 & 35 Vict. c. 43, 320

FORMS-

statement of claim by executors on promissory notes and money lent by
testator, 315-320

statement of claim by administratrix for negligence, causing death of de-
ceased (her husband) and depreciation of his personal estate, 320, 321
statement of claim by banker for balance of overdrawn account against
surviving partner of a firm and executors of deceased partner, 321, 322
statement of defence to preceding claim-plene administravit, 322-324
reply to preceding statement of defence, 324

statement of claim against an administrator for detention of goods by
deceased, 324, 325

statement of claim by executor for injury through negligence causing
testator's death under Lord Campbell's Act, 482, 483

EXONERATION. See RELEASE; RESCISSION.

EXTORTION. See MONEY.

FACTOR. See TROVER.

FALSE IMPRISONMENT, 325-327

what constitutes, 325

partial restraint will not constitute, 326

two classes of defences (besides denials) to actions for, i.

arrest in execution of warrant, ib.

responsibility of sheriffs, constables, &c., in making arrests, ib.

responsibility of justices in issuing warrants, ib.

where they issue warrants having no jurisdiction, ib.

where they do so having jurisdiction, ib.

in actions against justices, necessary to show that one month's notice of

action has been given, ib.; and

that conviction or order made against plaintiff has been quashed, ib.

justices may tender a sum of money as amends, ib.; and

may raise any defence available under plea of not guilty by statute,
ib.

liability of persons setting justices in motion, ib.

arrest without warrant when lawful, 327

where constable has reason to believe a felony has been committed,
and that a certain person has committed it, he may arrest him, ib.
where felony has been actually committed, and there is reason to
believe a certain person has committed it, a private person may
arrest him, ib.

constable or private person may arrest party to a fray to prevent
continuance of it, ib.