PLEADINGS-continued. In Civil Cases-continued. counterclaim, 597 reply, 600 variance, 630, 677 County Court, 658-662 PRECEDENTS OF, in actions for libel and slander, statements of claim, 696-715 defences and replies, 715-736 of slander of title, and trade libel, 711-715, 729 in County Court, 741-743 notices of motion, 739, 741 In Criminal Cases, indictment, 668 amendment of, 668 demurrer to, 671 PRECEDENTS OF, informations, 744-748 replication to pleas, 673, 756 demurrer to pleas, 672, 757 justification under Lord Campbell's Act, 672 POLICE NOTICES, publication of, in newspapers, privileged, 310 POLICEMAN, slander of, 55, 223, 224, 267, 390 words published to, 257-260 POLITICAL AUTHORS, privilege as to writings of, 486, 489 POLITICAL MEETINGS, comments on, no libel, 206 proceedings at, reports of, when privileged, 313, 317 POOR LAW, administration of, a matter of public interest, 201, 269, 760 POST-CARD, publication of libel by, avoids privilege, 153, 281, 335, 336, 345 as evidence of place of publication, 625, 676 POSTMASTER, complaint as to, 252, 262 POSTMASTER-GENERAL, complaint by private individual to, 252, 262 РОХ, charge of having, 49, 62, 535 PRACTICE IN CIVIL CASES, 556-662 considerations before writ, 556 parties, 558 several plaintiffs, 559 several defendants, 560 joinder of causes of action, 563 jurisdiction, 564 (i.) choice of Court, 565 (ii.) service of writ out of jurisdiction, 566 Statutes of Limitation, 567 former proceedings, 569 letter before action, 570 indorsement on writ, 571 matters to be considered by defendant, 571 summons for directions, 573 (i.) pleadings, 573 (ii.) particulars, 573 (iii) security for costs, 573 (iv.) remitting action to County Court, 574 (v.) consolidation of actions, 574 (vi.) stay of proceedings, 574 (vii.) evidence, 574 (viii.) place of trial, 574 (ix.) time of trial, 574 (x.) mode of trial, 575 remitting action to County Court, 575 the pleadings (see PLEADINGS), 579—601 PREPARING FOR TRIAL, 602-622 order for discovery of documents, 602 interrogatories, 607 answers to interrogatories, 614 advice on evidence, 618 letters of request, 621 TRIAL, 623-651 proof of plaintiff's special character, 623 proof of publication, 624 proof of the libel, 628 proof of speaking of the slander, 630 evidence as to innuendo, 632 proof that words refer to plaintiff, 634 proof that words were spoken of plaintiff in way of office, &c., 635 evidence of malice, 635 rebutting justification, 636 evidence of damage, 636 provinces of judge and jury, 638 evidence for defendant, 642 withdrawing a juror, 647 summing-up, 647 PRACTICE IN CIVIL CASES-continued. TRIAL-continued. verdict and judgment, 648 application for costs and payment out of Court, 650 motion for new trial, 652 misdirection, 653 verdict against weight of evidence, 653 irregularities at trial, 655 fresh evidence, 655 verdict not assented to by the whole of the jury, 655 excessive damages, 656 smallness of damages, 657 surprise, 657 judge's note, 658 costs, 658 County Court proceedings, 659-662 other inferior Courts, 662 PRACTICE IN CRIMINAL PROCEEDINGS BY WAY OF INDICT. MENT, 663-687 preliminary application to judge at chambers, 663 proceedings before magistrates, 664 indictment, 668 pleading to the indictment, 671 certiorari, 673 evidence for the prosecution, 675 evidence for the defence, 678 summing-up and verdict, 680 proceedings after verdict, 681 sentence, 684 costs, 686 PRACTICE IN PROCEEDINGS BY WAY OF CRIMINAL IN- FORMATION, 688-692 motion for the order nisi, 688 argument, 690 compromise, 691 trial and costs, 691 PRAISE, ironical, may be a libel, 22, 128 PRAYER-BOOK, words in derogation of, 453 PRECEDENTS, 693-758 of pleadings in actions for libel and slander, 693-743 I. IN THE HIGH COURT, statements of claim, 696-715 particulars of special damage, 707-715 defences, 715-735 replies, 735 interrogatories, 736-739 pleadings in actions for words causing damage, 702, 711-715, 729 particulars under Order XXXVI., r. 37...735, 736 PRECEDENTS-continued. I. IN THE HIGH COURT-continued. notice of motion on appeal, 739 notice of motion to commit for contempt, 740 II. IN THE COUNTY COURT, remitted action, 741 special defences, 743 III. IN CRIMINAL PLEADINGS, pleas to information, 745 indictments, 747–753 pleas to indictments, 754-756 demurrer to information or indictment, 754 joinder in demurrer, 754, 757 demurrer to a plea, 757 IV. ELECTION PETITION UNDER THE CORRUPT AND ILLEGAL PRACTICES PREFATORY AVERMENTS, as to traverse and denial of, 587 evidence as to, 623, 634, 677 not necessary to support innuendo, 111, 130-132, 583 PRESS, liberty of, defined, 10, 184 history of growth of, 12, 13 censorship of, 10-13 PREVIOUS ACTIONS, 363, 569, 593, 729 PREVIOUS CONVICTION, 643 PREVIOUS PUBLICATIONS of same libel by others, no defence, 164, 369–371, 561, 645 no evidence of its truth, 179, 646 how far mitigation of damages, 369, 383 by the defendant, 336, 365, 366 PREVIOUS REPORTS OR RUMOURS, 165-169, 368, 646 evidence of, not admissible, 369, 371, 372 liable for words spoken by his authority, 546 criminal liability of, 440, 548 defence under Lord Campbell's Act, 440, 441, 548-550 not liable for malice of agent 367 PRINTER, liability of, 6, 164, 441, 545, 546, 548 must print his name and address on every publication, 12 must preserve naine of his employer, 12, 541 must make a return under the Newspaper Libel and Registration Act, cannot recover wages for printing libellous matter, 8 publication to, 154, 439, 625 PRINTING, libels by, 7, 17, 164, 165 primâ facie evidence of publishing, 164, 616 a libel without publication, 154, 625 libellous matter, cost of, cannot be recovered, 8 PRISONER may be fined for contempt of Court, 508 must be present on motion for new trial, 684 "PRIVATE AND CONFIDENTIAL," marking communication, effect of, 244, 245 PRIVATE CIRCULATION, book printed for, criticism of, 203 PRIVATE INTERESTS, statements in defence of, privileged. 272--274 PRIVATE LETTER, may contain "threat" within meaning of Patent Act, 1883...407 PRIVATE LIFE of candidate, when open to discussion, 197, 276 attacks on a man's, beyond limit of fair comment, 208 PRIVILEGE OF WITNESSES, as to self-criminating evidence, 723 as to production of State papers, 628 as to words spoken in giving evidence, 227, 228 PRIVILEGED COMMUNICATIONS, what are, 286-289 must be relevant, 287 PRIVILEGED OCCASIONS, 184, 215-318 defence that words were spoken on a privileged occasion, 215, 723-728 324 presumption of privilege rebutted by evidence of malice, 304, 320, 330 publication to persons outside, 281-289 by telegraph, 153, 281, 336 by postcard, 153, 281, 336, 345 by letter to newspaper, 282 Exceptions. (i.) Where occasion privileged, but other people hear, 282, 283 |