are the documents usually required in the High Court to be delivered between the parties before the trial of an action, the object being to describe and limit the issue or contention between them and intended to be tried. In the Coi.nty Court there are no pleadings, strictly so-called, unless the plaintiffs particulars of claim and the defendant's notice of a special defence, and certain other documents in special cases, may be included within the meaning of the term. The Rules of the Supreme Court regulate very carefully the form and matter of pleadings. They must contain only material facts, stated in a summary manner ; evidence must not he pleaded ; the performance of conditions precedent need not be, and should not be, alleged ; the contents of documents should not be set out, unless the precise words are material. Facts not denied in a pleading are taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition. Certain matters must always be mentioned in a pleading. Such are those which show an action is not maintainable, or which if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding plead ings, as for instance fraud, &Ante of Limitations, release, payment, performance, facts showing illegality either by statute or common law, or Statute of Frauds. No pleading, not being a petition or summons, can, except by way of amendment, raise a new ground of claim or contain an allegation of fact inconsistent with the previous pleadings of the party pleading it. It is not sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the state ment of claim, or for a plaintiff in his reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages. A denial not be evasive, but must answer the point of substance. Thus if it be alleged that the defendant received a certain sum of money, it is not sufficient for him to deny that he received that particular amount, but Ile must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it is not sufficient to deny it along with those circumstances. When a contract, promise, or agreement is alleged in a pleading, a bare denial thereof by the opposite party is construed only as a denial in fact of the express contract, promise, or agree ment alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or other wise. Wherever the contents of a document are material, it is sufficient in a pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof unless the precise words of the document or any part thereof are material. If it is material to allege malice, fraudulent intention,
knowledge, or other condition of the mind of any person, it will be sufficient to allege it as a fact without setting out the circumstances from which it is to be inferred. Wherever it is material to allege notice to any person of any fact, matter, or thing, it is sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material.
A party need not plead a fact presumed by law, as for example consideration for a bill of exchange, where the plaintiff' sues only on the bill, and not for the consideration as a substantive ground of claim. No technical objection can be raised to a pleading on the ground of a mere want of form ; but the Court will always strike out or order to be amended a pleading which is unnecessary or scandalous, or which may tend to prejudice, embarrass, or delay the fair trial of the action. Allegations which are relevant cannot be struck out because they are scandalous. See ACTION.
POAOHING.—In this connection the word "game" is defined bv the Poaching Preservation Act, 1862, as including hares, pheasants, partridges, eggs of pheasants and partridges, woodcocks, snipes, rabbits, grouse, black or inoor game, and eggs of grouse, black or moor game ; and the words " justice" and " justices" mean respectively a justice and justices of the peace for the place in which any game, gun, part of gun, net, snare or engine is found. Any constable in Great Britain or Ireland may search, in any highway, street, or public place, any person suspected of coming from land where he has been unlawfully in search of game, or any person abetting him, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets or engines, used for killing or taking game. He may also stop or search any cart or other conveyance in or upon which he may have good cause to suspect that any such game or article is being carried by such person. When found, he may seize the game or implements, and then apply for a summons citing the person to appear before two justices in England or Ireland, and before a sheriff and two justices in Scotland. If the accused person has obtained the game by unlawfully going on land in search or pursuit thereof, or has used any such implement for unlawfully killing or taking game, or has been accessory thereto, he may be fined 155, and will forfeit the game or implement. These the justice will order to be sold or destroyed. No person selling game so seized by the direction of a justice in writing is liable to a penalty for the sale. If no conviction takes place -the game or implement must be restored to the person from whom it has been seized. See GAME.