A Treatise on the Law of Slander, Libel, Scandalum Magnatum, and False Rumours: Including the Rules which Regulate Intellectual Communications, Affecting the Characters of Individuals and the Interests of the Public : with a Description of the Practice and Pleadings of Personal Actions, Informations, Indictments, Attachments for Contempts, &c., Connected with the Subject |
From inside the book
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Page 15
... given to support them ; forasmuch as in these days they more abound than in times past , and the intemperance and malice of men increase , et malatiis hominum est obviandum and in our books actiones pro scanda- lis sunt rarissima ; and ...
... given to support them ; forasmuch as in these days they more abound than in times past , and the intemperance and malice of men increase , et malatiis hominum est obviandum and in our books actiones pro scanda- lis sunt rarissima ; and ...
Page 17
... given by the statute . In Button v . Heyward , * Fortescue Justice ob- served , " It was the rule of Holt , C. J. to make words actionable whenever they sound to the disrepu- tation of the person of whom they were spoken ; and this was ...
... given by the statute . In Button v . Heyward , * Fortescue Justice ob- served , " It was the rule of Holt , C. J. to make words actionable whenever they sound to the disrepu- tation of the person of whom they were spoken ; and this was ...
Page 19
... given on account of impu- tations , which , if believed and even proved , could not have subjected the plaintiff to any future penal- ty : -For instance , The defendant said , " Robert Carpenter * was in Winchester jail , and tried for ...
... given on account of impu- tations , which , if believed and even proved , could not have subjected the plaintiff to any future penal- ty : -For instance , The defendant said , " Robert Carpenter * was in Winchester jail , and tried for ...
Page 30
... given because the words endangered him in law . Though much has been said upon the distinction between mala prohibita and mala in se , the solidity of the distinction has been denied by great autho- rities . As far as regards moral ...
... given because the words endangered him in law . Though much has been said upon the distinction between mala prohibita and mala in se , the solidity of the distinction has been denied by great autho- rities . As far as regards moral ...
Page 31
... misdemeanors have given rise to a numerous class of decisions . In Stone v . Smalcombe , * the defendant having been arrested under a warrant made upon a latitat , * Cro . J. 648 . said , " this is a counterfeit warrant , made 31.
... misdemeanors have given rise to a numerous class of decisions . In Stone v . Smalcombe , * the defendant having been arrested under a warrant made upon a latitat , * Cro . J. 648 . said , " this is a counterfeit warrant , made 31.
Other editions - View all
TREATISE ON THE LAW OF SLANDER Thomas 1782-1849 Starkie,Edward D. (Edward Duncan) 179 Ingraham No preview available - 2016 |
A Treatise on the Law of Slander, Libel, Scandalum Magnatum, and False ... Thomas Starkie No preview available - 2018 |
A Treatise On the Law of Slander, Libel, Scandalum Magnatum, and False ... Thomas Starkie No preview available - 2022 |
Common terms and phrases
action lies adjudged affidavit alleged appear arrest of judgment averment Barn Binn brought character charge the plaintiff circumstances cited committed Common Law considered count court crime criminal defendant defendant's demurrer Eliz entitled et ux evidence fact false felony fendant forsworn ground guilty held actionable Holt imputation indictment injury innuendo instances intention Johns Judge jury justice King King's laid libel Lord Ellenborough Lord Mansfield M'Cord's Rep maintainable malicious matter means ment mitigation of damages motion in arrest murder nuendo observed offence opinion party perjury person plain plaintiff plaintiff declared plea pleaded printed proceeding proof prove publication published punishable racter reason recover rogue rule Salk scandal scandalum magnatum seems Serg servant slander special damage statute sufficient thief Thou art tiff tion tionable trial verdict Wadham College wife words spoken words were spoken writing
Popular passages
Page 570 - 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 upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information...
Page ii - In conformity to the Act of Congress of the United States, entitled, " An Act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned.
Page 146 - ... any false news or tales, whereby discord, or occasion of discord, or slander may grow between the king and his people, or the great men of the realm ; and he that doth so, shall be taken and kept in prison, until he hath brought him into the court who was the first author of the tale.
Page 569 - ... the jury shall have the right to determine the law and the fact.
Page 205 - Pigott, for a rule to show cause why there should not be a new...
Page xxv - The danger of such unbounded liberty, and the danger of bounding it, have produced a problem in the science of government which human understanding seems hitherto unable to solve. If nothing may be published but what civil authority shall have previously approved, power must always be the standard of truth...
Page 570 - An Act to remove Doubts respecting the Functions of Juries in Cases of Libel. [AD 1792.] " WHEREAS doubts have arisen whether on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue...
Page 281 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 547 - ... the secret cabinets and bureaus of every subject in this kingdom will be thrown open to the search and inspection of a messenger, whenever the secretary of state shall think fit to charge, or even to suspect, a person to be the author, printer, or publisher of a seditious libel.
Page 422 - May aforesaid, in all actions of trespass, assault and battery, and other personal actions, wherein the judge at the trial of the cause shall not find and certify under his hand upon the back of the record, that an assault and battery was sufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land mentioned in the plaintiff's declaration was chiefly in question...