5.2 The words in this section enabling the Deft to pay money into Court were repeated in 1879 as unnecessary, the Rules being unnecessary of 1875 permitting payment into Court in every action But Sec. 2 of 8 ug Vict c. 75 which requires payment into Court as the necessary concomitant of such a plea is not repeated. Money must therefore be paid into Court when the pleading is delivered, if not before otherwise the plea will be struck out. And such payment Oxx 11 . V. 1. rescinds 030 (1875) Under the later Order, provided there is no denial of liability as to any ν. v. Dollar 23 Q. B. D. 388: Davis v. Q.B.D. Billing 8 Times Rep. 58) Deft. may plead that the libel was inserted without actual malice & without gross before the gross negligence, &that commencement of the action, or at the earliest opportunity afterwards, an apology published or affered, & may pay money into Court by way of amends. OF THE LAW OF LIBEL AND SLANDER WITH SUGGESTIONS ON THE CONDUCT OF A CIVIL ACTION, FORMS AND PRECEDENTS, AND ALL STATUTES BEARING ON THE SUBJECT. BY HUGH FRASER, M.A., LL.D., OF THE INNER TEMPLE AND NORTHERN CIRCUIT, BARRISTER-AT-LAW; Sometime Lecturer to the Incorporated Law Society; late Scholar and Law Student of Trinity Hall, Cambridge; formerly Common Law Scholar Author of "The Law of Libel in its relation to the Press," and "A Compendium of the Law of Torts." LONDON: REEVES AND TURNER, 100, CHANCERY LANE, AND CAREY STREET, Law Booksellers and Publishers. PREFACE. THE object of this work is to present to the reader the Principles and Practice of the Law of Libel and Slander in a concise form; and, considering the large and increasing number of actions of this kind with which the Courts are occupied, it is hoped that the book may prove useful to the Legal Profession. The Law is stated in the form of Propositions, followed by Explanatory Notes, in the preparation of which the original authorities have in every case been consulted. Several cases of importance which have been decided in the last few years have received special notice. Appendix A. contains some practical suggestions on the conduct of a Civil Action, together with Forms and Precedents. In Appendix B. will be found all the Statutes bearing on the Law of Libel and Slander, with references under each section to particular pages in the text. |