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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.
cases on, ib.
who entitled to sue for loss, &c., 260, 261
special property entitles sender to sue, 261
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
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.,
denial of negligence, ib.
contributory negligence, ib. See NEGLIGENCE.
in case of luggage, that passenger took it under his personal care, 264
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.
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,
statement of defence to preceding claim, setting out Carriers' Act, and non-
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,
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
For statements of claim, &c., in the case of injuries to passengers,
COMMON INDEBITATUS COUNTS ABOLISHED. Sce PLEADINGS.
how they sue and are sued, 102
COMPOSITION. Sec BANKRUPTCY.
form of claim for, 206
COMPROMISE OF SUIT IN DIVORCE COURT. See ILLEGALITY.
CONCEALMENT. See FRAUD ; INSURANCE ; SALE.
CONCLUSIONS OF PLEADINGS. See PLEADINGS.
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-
allegation of performance of, 226. And see passim, Forms under INSURANCE
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.
suits by devisees of, for recovery of land.
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.
statement of claim for infringement of copyright of book, by selling copies
unlawfully printed, 277, 278
how they sue and are sued. See PARTIES.
statement of claim against corporation of borough for negligence. See
where executor fails in plea of ne unques executor. See EXECUTOR AND
not allowed to plaintiff in actions on judgments without order of the
Court. See JUDGMENTS.
common indebitatus, abolished. See PLEADINGS.
COUNTERCLAIM. Sce PLEADING.
judgments of ; sce JUDGMENTS.
COVENANT. Sce LANDLORD AND TENANT.
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.
covenants to cultivate according to. See LANDLORD AND TENANT.
DEBENTURE. See STOCK.
DECEIT. See MISREPRESENTATION.
DEED. See BOND ; COVENANT.
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,
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.
what averments necessary in actions for defamation, ib.
that statement false, that it was malicious, and the fact of its publica-
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.
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
statement of claim for slander of plaintiff's wife. Sec HUSBAND AND
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.
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.
demurrer to statement of claim, 495
demurrer to statement of defence, 122, 123
demurrer to reply, 599
statement of claim by purchaser against agent to recover on sale going off.
See SALE OF LAND.
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.
statement of claim against a solicitor and others for detention of deed,
stotement of claim for detention of a picture, 298