7. Particulars in Action for Libel or Slander of Matters on which Defendant intends to rely in Mitigation of Damages (ƒ).

[Title, &c., as usual.]

Take notice that the defendant intends on the trial of this action to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the [alleged] libel [or slander] was published [or as to the character of the plaintiff]. The particulars of the matters as to which the defendant intends to give such evidence are as follows, namely :

1. [&c. Here set out in separate paragraphs the various matters relied on in mitigation.]

8. Application by Plaintiff for Particulars (g).

[Formal parts as usual in application to Master] for an order that the defendant [E. F.] do within days deliver to the plaintiff [or plaintiff's solicitor, or agent] the following particulars in writing of the said defendant's defence [or counter-claim, or set-off], viz. :-[here state the particulars required, e.g., the date of, and the parties to, the agreement alleged in paragraph of the defence, and whether such agreement was verbal or in writing, and if in writing sufficiently identifying the document], and that in default the said defendant be precluded from giving evidence in support thereof on the trial of this action, and that the costs of this application be paid by the defendant to the plaintiff.

Dated [&c., as usual].

9. Order against Defendant for Particulars.

[Formal parts as usual.] It is ordered that the defendant do within days from the date hereof deliver to the plaintiff [or the plaintiff's

(f) By R. S. C., Ord. XXXVI., r. 37, " In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the Judge, unless seven days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence."

(g) By R. S. C., Ord. XIX., r. 7, "A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just." Applications for particulars should be made upon the hearing of the summons for directions, or by two clear days' notice of application under that summons (Ord. XXX., rr. 2, 4, 5).

solicitor, or agent] particulars in writing of [here state what particulars of defence, counter-claim, or set-off are to be delivered], and that in default the said defendant be precluded from giving evidence in support thereof on the trial of this action [or that paragraph of the defence be struck

out], and that the costs of this application be Dated the day of ——, 19—.

10. Application by Defendant for Particulars. [Formal parts as usual in application to Master] for [an order that the plaintiff deliver to the defendant] an account in writing of the particulars of · [here state the particulars required], and that, unless such particulars be delivered in [four] days, all further proceedings be stayed until the delivery thereof [and that the defendant have days after delivery of the said particulars to deliver his defence], and that the costs of this application be paid by the plaintiff to the defendant.

Dated [&c., as usual].

11. Order against Plaintiff for Particulars (h).
[Title, &c., as usual.]

Upon hearing [the solicitors on both sides], it is ordered that the plaintiff deliver to the defendant [E. F.] an account in writing of the particulars of [here state what particulars are to be delivered], and that, unless such particulars be delivered within days from the date of this order, all further proceedings be stayed (i) until the delivery thereof, [and that the defendant have (i) days after the delivery of the said particulars to deliver his defence], and that the costs of this application be

12. The like Order in an Accident Case (k).

[Formal parts as in preceding form.] It is ordered that the plaintiff deliver to the defendant an account in writing of the particulars of the injuries mentioned in the statement of claim, together with the time and place of the accident, and the particular acts of negligence complained of, and that, unless [&c., as in preceding form].

(h) This form is framed from that given in R. S. C., App. K., No. 12.

(i) Order for Stay or Extension of Time.]-By R. S. C., Ord. XIX., r. 8, "The party at whose instance particulars have been delivered under a Judge's order shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons. Save as in this Rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time."

(k) This form is framed from that given in R. S. C., App. K., No. 13.

13. Another Form of Order for Particulars.

[Formal parts as usual.] It is ordered that the do within from the date hereof deliver to the

days

the best particulars which at the time of delivery thereof the shall be able to give of the following matters, viz.,, and that in default [paragraph of] the be struck out: [and that the have days after the delivery of the

said particulars to deliver his ] and that if after the delivery of the said particulars the shall become able to give further or better particulars of the said matters, he shall forthwith deliver the same to the or in default be precluded from giving evidence at the trial in support of [or he shall be at liberty to deliver the same to the provided that the same be delivered at least days before the date of the trial hereof] and that the costs of this application be

delivered by the [plaintiff] pursuant to the order of [Master]

The following are the particulars [of]

[Here set out the particulars in accordance with the order. The particulars, if long, should be divided into paragraphs, consecutively numbered.] Delivered the day of

To Mr. Z., [defendant's] solicitor

19-.

Yours, &c., X. Y.,

[or agent].

[plaintiff's] solicitor [or agent.]

15. Application for further and better Particulars (1).

[For mal parts as usual in application to Master] for an order that the plain

tiff [or defendant] do within

days deliver to the defendant [or plaintiff]

further and better particulars of [here state the particulars required] pursuant to the order herein, dated -], and that, unless such particulars be delivered within [four] days, all further proceedings herein be stayed

(1) Further and better Particulars.]—These may be applied for whenever particulars which are insufficient have been delivered either voluntarily or pursuant to order.

C.F.

13

of the statement of claim (or

until the delivery thereof [or paragraph defence) be struck out, or the plaintiff (or defendant) be precluded from giving evidence in support of on the trial of this action], and that the costs of this application be paid by the to the

[An order may be framed from the application. It should limit a time for the delivery of the particulars ordered.]

16. Application for Leave to amend Particulars (m).

[Formal parts as usual in application to Master] for an order that the [plaintiff] be at liberty to amend the particulars [of claim] delivered by him herein on the day of, 19-[by. Indicate, if practicable, the precise amendment desired. It may be convenient to say, by delivering the amended (or further) particulars, a copy whereof is annexed hereto].

[An order may be framed from the terms of the application: the time within which the amendment may be made being limited, or a stay of all further proceedings until delivery of the amended particulars being ordered, if proper; and an order being added as to the costs of the application.]

(m) Amendment of Particulars.]—A party who desires to amend or supplement particulars already delivered by him should generally apply for leave to deliver amended or further particulars.

CHAPTER VII.

SECURITY FOR COSTS (a)-INDEMNITY IN ACTION ON LOST BILL, &C.

As to security for costs of appeal, see post, "Appeal to Court of Appeal," and " Appeal to House of Lords," respectively.

As to security for costs under sect. 69 of the Companies Act, 1862, see post, "Actions by and against Corporations, Companies, &c."

As to applications in actions of tort to compel the plaintiff to give security for costs or have the actions removed to a county court, see post, "Remission of Actions to County Courts."

I hereby, on behalf of the defendant in this action, require of the plaintiff to give the defendant security for the payment of the defendant's costs [on the ground that ]; otherwise I shall apply to the Master in Chambers [or to the Court] for an order to compel the plaintiff to give such security.

Dated

To Mr. X. Y., plaintiff's solicitor

[or agent].

Yours, &c., Z., Defendant's solicitor [or agent].

(a) Security for Costs.]-By R. S. C., Ord. LXV., r. 6, “In any cause or matter in which security for costs is required, the security shall be of such amount, and be given at such times and in such manner and form, as the Court or a Judge shall direct."

In ordinary actions the plaintiff will be ordered to give security for costs only in two cases, viz., first, where he is resident out of the jurisdiction of the Court; and secondly, where, being insolvent or in extreme poverty, he sues only as nominal plaintiff for the benefit of another person. See further 1 Pr. 14th ed. 395. As to security in actions by companies, see the respective titles, post.

(b) In all cases where time allows, a demand should be made before applying to a Master for security.