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 |
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Page xix
... natural to suppose , that the protection of the persons and property of indivi- duals from actual violence would be the first and most important object of legislation . Mere intellectual injury is of too abstracted a nature to invite ...
... natural to suppose , that the protection of the persons and property of indivi- duals from actual violence would be the first and most important object of legislation . Mere intellectual injury is of too abstracted a nature to invite ...
Page xxii
... nature of the case , such a prohibition would be in a great mea- sure nugatory ; the passion for communication is too powerful to be extinguished by any penal enact- > ments , though the attempt to enforce them would materially impede ...
... nature of the case , such a prohibition would be in a great mea- sure nugatory ; the passion for communication is too powerful to be extinguished by any penal enact- > ments , though the attempt to enforce them would materially impede ...
Page 9
... nature , it follows , that the loss complained of , ought to admit of a pecuniary admeasurement . The term temporal , used as descriptive of the loss upon which a suit may be supported , seems particularly opposed to spiritual ...
... nature , it follows , that the loss complained of , ought to admit of a pecuniary admeasurement . The term temporal , used as descriptive of the loss upon which a suit may be supported , seems particularly opposed to spiritual ...
Page 10
... nature and force of these reasons will be best illustrated by examples . Suppose insolvency to be imputed to a ... natural and probable effect of such a report , is immediate , and increasing prejudice , the slander itself affording a ...
... nature and force of these reasons will be best illustrated by examples . Suppose insolvency to be imputed to a ... natural and probable effect of such a report , is immediate , and increasing prejudice , the slander itself affording a ...
Page 11
... nature alluded to are avoided , and by an early refutation of the calumny the ultimate effects of it averted ; and though the defendant in such an action cannot be looked upon as an object of indulgence , yet the interests of all ...
... nature alluded to are avoided , and by an early refutation of the calumny the ultimate effects of it averted ; and though the defendant in such an action cannot be looked upon as an object of indulgence , yet the interests of all ...
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 |
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...