5. I have taken no further step in this action beyond entering an appearance thereto, which I entered on the day of last.

6. At the time when the action was commenced I was, and I still remain, ready and willing to do and concur in all things necessary for causing the said matters to be decided by arbitration under the said agreement, and for the proper conduct of such arbitration.

Sworn [&c., as usual.]

This affidavit is filed [&c., as usual].

23. Order thereon.

This may be framed from the terms of the summons.

The Master may,

in the order, add such terms as to costs or otherwise as he may think fit, and any terms imposed must be adapted to meet the circumstances of the particular case.

CHAPTER VI.

PARTICULARS (a).

1. Particulars of Debt, Expenses, or Damages exceeding Three Folios (a). [Title as in writ of summons.]

Particulars.

The following are the particulars of the debt [or expenses, or damages] referred to in the indorsement on the writ of summons herein [or in the statement of claim herein, or in the defence herein, or in the counter-claim herein, or in the paragraph of the statement of claim herein, or as the

case may be], viz. :—

[Here set out the particulars either in the form of an account or in such other form as may be found most convenient.]

2. Particulars of the Persons on whose behalf Action under Lord Campbell's Act is brought, and of the Nature of the Claim (b).

[Title, &c., as usual.]

The following are the particulars of the persons for whom and on whose behalf this action is brought: viz., the plaintiff, who is the widow, and E. H. and K. H. [infants], who are the son and daughter of [the said] G. H., deceased (or as the case may be; see the 2nd and 5th sections of the Act]. (a) Particulars.]—By R. S. C., Ord. XIX., r. 6, "In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading; provided that, if the particulars be of debt, expenses, or damages, and exceed three folios, the fact must be so stated, with a reference to full particulars already delivered or to be delivered with the pleading." (b) By Lord Campbell's Act (9 & 10 Vict. c. 93, amended by 27 & 28 Vict. c. 95), 8. 4, the plaintiff is required, "together with the declaration, to deliver to the defendant, or his attorney, a full particular of the person or persons for and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered." These particulars should generally be incorporated in the statement of claim (see Ord. XIX., r. 6, supra).

The plaintiff resides at, and the said E. H. and K. H. reside at [perhaps these particulars as to residence are not necessary, but it is usual to give them].

The following are the particulars of the nature of the claim in respect of which damages are sought to be recovered in this action, viz. :-[state the nature of the claim, and show how the parties for whom the action is brought have sustained a pecuniary loss].

3. Particulars of Breaches in Action for Infringement of Letters-Patent (c). [Title, &c., as usual.]

Particulars of Breaches.

The following are the particulars of the breaches of the plaintiff's letterspatent complained of in this action, viz. :-[here state the breaches, which it may be convenient to state in several paragraphs consecutively numbered. No particular form of statement is prescribed, and the statement must necessarily vary according to the facts of the case. The following is given merely as an example:]

and

,

1. In and between the months of 19, and at divers other times before the commencement of this action, the defendant made, used, sold, let out for hire, and offered for sale or hire, at [his factory and show-rooms at] in the county of and elsewhere, a large number of [cream-extractors] [under the name of "The Temple Cream-extractor"], all made according to, or in a manner only colourably different from, the invention comprised in the plaintiff's letters-patent, No., A.D. mentioned in the statement of claim herein.

(c) These particulars are required by the Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. c. 57), s. 29, which enacts that :—

"(1) In an action for infringement of a patent, the plaintiff must deliver with his statement of claim, or by order of the Court or the Judge, at any subsequent time, particulars of the breaches complained of;

"(2) The defendant must deliver with his statement of defence, or by order of the Court or a Judge, at any subsequent time, particulars of any objections on which he relies in support thereof;

"(3) If the defendant disputes the validity of the patent, the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is want of novelty, must state the time and place of the previous publication or user alleged by him ;

"(4) At the hearing no evidence shall, except by leave of the Court or a Judge, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered;

'(5) Particulars delivered may be from time to time amended, by leave of the Court or a Judge;

'(6) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant; and they respectively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the Court or a Judge to have been proven or to have been reasonable and proper, without regard to the general costs of the case. '

of

2. On the day of [cream-extractors] to E. F., day of 19-, the defendant let out [another] of them for hire to G. H., of

19—, the defendant sold [two] of the said
and on the
;

3. The precise number, dates, and other details of all the defendant's infringements complained of herein are not at present known to the plaintiff, who is unable [save as aforesaid] to give particulars thereof until he has had discovery from the defendant, but the plaintiff will claim to recover from the defendant full compensation in respect of all such infringements.

Delivered, together with the statement of claim herein, this
the plaintiff's solicitor, to Mr.

19-, by X. Y., of

defendant's solicitor.

day of

Z., the

4. Particulars of Objections in Action for Infringement of Letters-Patent (d)..

[Title, &c., as usual.]

Particulars of Objections.

of A.D.

The following are the particulars of the objections on which the defendant relies to impeach the letters-patent [No. -] mentioned in the statement of claim herein, in addition to any on which he may be entitled to rely without delivering particulars thereof, viz. :— [here state the objections, which will necessarily vary according to the facts of the case. The following are given merely as examples :]

1. The plaintiff [or the said T. F., the alleged inventor] was not the true and first inventor of the alleged invention comprised in the said letters-patent.

Mr.

at

2. The alleged invention was not a new invention.

3. The alleged invention was not useful to the public.

4. The specification claims what was not new, being the invention of published in the [name of publication], published on

5. The principle claimed by the specification was generally known to scientific men for many years before the date of the letters-patent.

6. The alleged invention was published before the date of the letterspatent at in the following manner, that is to say [&c., state the manner].

7. The alleged invention was used before the date of the letters-patent in the following manner, that is to say [state the manner].

8. The specification did not particularly describe and ascertain the nature of the invention, and in what manner the same was to be and might be performed.

(d) These particulars are required by the 46 & 47 Vict. c. 57, s. 29, supra, n. (c), and must be delivered with the defence.

9. The alleged invention does not produce the effects described in the specification.

10. The plaintiff does not sufficiently distinguish and point out in his specification which of the matters and things therein mentioned he claims. to have invented, and which he does not claim to have invented or admits to be old.

11. The alleged invention was not the proper subject of letters-patent. 12. The alleged patent was a patent for a principle only, and not for any manner of new manufacture.

13. The plaintiff by his specification claims a principle of applying old contrivances to new objects.

14. The specification claims a principle, and is not confined to the proper subject of letters-patent.

15. The defendant will also rely upon the specifications in respect of the following letters-patent, and will object that the specification in the plaintiff's patent claims some or one of the matters thereby patented or specified, that is to say [&c., enumerate the patents].

16. The defendant will also refer to and rely upon the following books, published at the places hereinafter mentioned, as showing want of novelty in the plaintiff's alleged invention, and the vice of the specification, that is to say [state books, &c.].

Delivered, together with the defence herein, this ——

day of

19-,

by D. Z., of —, the defendant's solicitor, to Mr. Y., the plaintiff's

solicitor.

5. Particulars of Objections to Copyright in Action for Infringement. See 5 & 6 Vict. c. 45, s. 16.

6. Notice by Defendant under 6 & 7 Vict. c. 96, s. 1, of Intention to give Evidence of Offer of an Apology in an Action for Slander or Libel (e).

[Title, &c., as usual.]

Take notice that the defendant intends on the trial of this action to give in evidence, in mitigation of damages, that he made [or offered] an apology to the plaintiff for the defamation complained of in the statement of claim herein, before the commencement of this action [or as soon after the commencement of this action as there was an opportunity of making or offering such apology, and that the action was commenced before there was an opportunity of making or offering such apology]. [The said apology was made, or offered, on the by a letter from the defendant to the plaintiff.]

day of

19—,

Dated [&c., concluding as in form No. 7, infra].

(e) The notice was required by the Act to be given at the time of delivering the plea. It should now be delivered with the defence or incorporated in it. The latter appears to be the more correct course.