The Law of Slander and Libel: Including the Practice, Pleading, and Evidence, Civil and Criminal, with Forms and Precedents : Also Contempts of Court and the Procedure in Libel by Indictment and Criminal Information : Also an Appendix of Statutes
Butterworth, 1908 - 711 pages
Autres éditions - Tout afficher
The Law of Slander and Libel: Including the Practice, Pleading, and Evidence ...
Henry Coleman Folkard
Aucun aperçu disponible - 2018
action of libel action of slander actual malice affidavit alleged libel appear application authority averment Bing bonâ bona fide cause CHAP CHAPTER XI character charge circumstances committed Common Law complained conduct contained contempt of court costs Court of Justice criminal information defamation defamatory libel defamatory matter defendant defendant's duty entitled evidence of malice express malice fact false ground guilty held House Ibid indictable offence indictment infra injunction injury innuendo inquiry intention interrogatories issue J. H. Newman judge judgment jurisdiction jury L. J. Ex letter liable Libel Act ment mitigation of damages newspaper occasion offence paper Parliament party person plaintiff plea pleaded primâ facie printed privileged communication proprietors prosecution prosecutor proved publication punishment question rule seditious servant slander and libel slander of title solicitor special damage statement of claim statute supra tion trade trial unless verdict Vict Vide wife witness writing
Page 229 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 268 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 584 - Parliament assembled, and by the authority of the same, that, on every such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 170 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Page 615 - Act, a plaintiff shall not recover more costs than damages, unless the judge shall certify that there was reasonable ground for bringing the action.
Page 589 - ... every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or House of Correction, for any term not exceeding two years...
Page 296 - The proper meaning of a privileged communication is only this ; that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the Plaintiff, and puts it upon him to prove that there was malice in fact — that the Defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made.
Page 378 - Majesty, his heirs and successors; and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed...
Page 297 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 589 - ... without actual malice, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or, if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff...