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" That whensoever, upon the trial of any indictment or information for the publication of a libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any... "
A Digest of the Law of Libel and Slander: And of Actions on the Case for ... - Page 441
de William Blake Odgers - 1905 - 884 pages
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 pages
...propagating sedition and slander with impunity." The eleventh section is of doubtful expediency : — " That whensoever, upon the trial of any indictment or information...from want of due care or caution on his part." The ground stated by the committee is that, in times not very remote, there have been decisions carrying...
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A Collection of the Public General Statutes Passed in the ... Year of the ...

Great Britain - 1843 - 894 pages
...Libel, Defendant entitled to Costs on Acquittal. Interprctation of Act. Commencement and Extent of Act. against the Defendant by the Act of any other Person...arise from Want of due Care or Caution on his Part. VIII. And be it enacted, That in the Case of any Indictment or Information by a private Prosecutor...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1843 - 528 pages
...have been given which shall establish a presumptive case of publication against the defendant by tie act of any other person by his authority, it shall...arise from want of due care or caution on his part. vin. That in the case of any indictment or information by a private prosecutor for the publication...
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The Law Times, Volume 2

1844 - 546 pages
...plea. A defendant may rebut a primt facie case of publication, and shew that it was made without his knowledge, and that the said publication did not arise from want of due care or caution on his part. On a prosccntion for a private libel, a defendant, on acquittal, shall be entitled to hia costs from...
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A Treatise on the Law of Defamation: With Forms of Pleadings

George Wingrove Cooke - 1844 - 562 pages
...must go on against Moyes as well as the other defendant. (e) By the new statute it is enacted, that whensoever, upon the trial of any indictment or information...arise from want of due care or caution on his part. (rf) But this enactment does not extend to civil actions. Previous to the statute, however, it was...
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The Jurist, Volume 7,Partie 2

1844 - 500 pages
...his authority, it shall be competent is itch defendant to prove that such publication was made TChont his authority, consent, or knowledge, and that the...did not arise from want of due care or caution on lis put - That in the case of any indictment or information by a Cnnti prosecutor for the publication...
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A Treatise on Presumptions of Law and Fact: With the Theory and Rules of ...

William Mawdesley Best - 1845 - 232 pages
...deemed conclusive evidence ;(b) but by the recent stat. 6 & 7 Viet. c. 96, s. 7, it is enacted, that " whensoever, upon the trial of any indictment or information...arise from want of due care or caution on his part." § 135. There are several other presumptions drawn from the usages of trade. Thus, where a partnership...
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Archbold's Summary of the Law Relating to Pleading and Evidence in Criminal ...

John Frederick Archbold - 1846 - 914 pages
...establish a presumptive case of publication against the defendant by the act of any other person by bis authority, it shall be competent to such defendant...arise from want of due care or caution on his part. Sect. 8 — Costs] — Enacts, that in the case of any indictment or information by a private prosecutor...
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Political dictionary [articles repr. from the penny cyclopaedia, ed. by G ...

Political dictionary - 1846 - 976 pages
...against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that such publication was made...arise from want of due care or caution on his part. § 8 enacts, That in the case of any indictment or information by a private prosecutor for the publication...
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The Supplement to the Penny Cyclopædia of the Society for the ..., Volume 2

1846 - 732 pages
...against the defendant by the act ot any other person by his authority, it shall be competent to the defendant to prove that such publication was made...did not arise from want of due care or caution on h'snart. § 8 enacts, That in the case of any indictment or information by a private prosecutor for...
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