A Treatise on the Law of Slander and Libel: And Incidentally of Malicious Prosecutions, Volume 2J. and W. T. Clarke, 1830 - Libel and slander |
From inside the book
Results 1-5 of 29
Page 14
... direct or indirect . To support a civil action it is essential , as has already been observed , to prove a publi- cation of the libel to some third person ( f ) ; But where the defendant , knowing that let- ters addressed to the ...
... direct or indirect . To support a civil action it is essential , as has already been observed , to prove a publi- cation of the libel to some third person ( f ) ; But where the defendant , knowing that let- ters addressed to the ...
Page 15
... direct proof of the averment that the defendant published the alleged libel ( h ) . But it frequently happens that no direct proof can be given of the defendant's agency in the publication of the libel , and resort must be had to ...
... direct proof of the averment that the defendant published the alleged libel ( h ) . But it frequently happens that no direct proof can be given of the defendant's agency in the publication of the libel , and resort must be had to ...
Page 17
... direct evidence can , however , seldom be procured ; and , in general , to prove the hand - writing of a person , any witness may be called who has by sufficient means acquired such a knowledge of the general character of the hand ...
... direct evidence can , however , seldom be procured ; and , in general , to prove the hand - writing of a person , any witness may be called who has by sufficient means acquired such a knowledge of the general character of the hand ...
Page 35
... direct and posi- tive testimony ; and the same reasonable in- ferences and presumptions are to be made by the juries as in all other instances . In criminal cases it is always , and in civil cases it is in some instances , necessary to ...
... direct and posi- tive testimony ; and the same reasonable in- ferences and presumptions are to be made by the juries as in all other instances . In criminal cases it is always , and in civil cases it is in some instances , necessary to ...
Page 141
... , but against law and government , from their ( r ) Hil . 4. G. 3 . ( s ) Sir Fletcher Norton . ( t ) Before Lord Kenyon , C. J. at the Guildhall , 1797. : " " direct tendency to dissolve all the bonds and obligations of BLASPHEMY . 141.
... , but against law and government , from their ( r ) Hil . 4. G. 3 . ( s ) Sir Fletcher Norton . ( t ) Before Lord Kenyon , C. J. at the Guildhall , 1797. : " " direct tendency to dissolve all the bonds and obligations of BLASPHEMY . 141.
Other editions - View all
Common terms and phrases
acquitted action admitted affidavit aforesaid afterwards alleged libel appears attorney attorney-general averment blasphemous libel cause and procure character charge committed common law concerning contempt convicted criminal declaration defendant defendant's divers evidence fact false felony fendant granted grievances guilty hand-writing held Holt imprisoned imputed indictment injure innuendos intention Jean Peltier judgment jury King's Bench letter Lord Ellenborough Lord Mansfield Lord the King magistrate Majesty's Majesty's government malicious matter meaning ment mitigation of damages Napoleon Bonaparte newspaper observed offence opinion pamphlet paper party peace perjury person plaintiff plea printing and publishing probable cause proceedings proof prosecution prosecutor prove publication publishing a libel punishable question racter reason Salk scandalous Scandalum Magnatum seditious libel seems shew slander special damage spoken Star Chamber Starkie's statute sufficient Supra tending tion trial unlawfully verdict warrant wickedly worthy subjects writing
Popular passages
Page 413 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 355 - ... 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...
Page 354 - 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 192 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 175 - What a crowd of blessings rush upon one's mind, that might be bestowed upon the country in the event of a total change of system ! Of all monarchs, indeed, since the revolution, the successor of George the Third will have the finest opportunity of becoming nobly popular.
Page 116 - 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...
Page 41 - Upon this evidence, the learned judge left it to the jury to say, whether there was...
Page 344 - But where the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Page 193 - It is no new doctrine that if a publication be calculated to alienate the affections of the people, by bringing the government into disesteem, whether the expedient be by ridicule or obloquy, the person so conducting himself is exposed to the inflictions of the law.
Page 370 - ... tending to bring into hatred or contempt the Person of his Majesty, his heirs or successors, or the Regent, or the Government and Constitution of the United Kingdom as by law established, or either House of Parliament, or to excite his Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means...