A Treatise on the Law of Slander and Libel: And Incidentally of Malicious Prosecutions, Volume 2J. and W. T. Clarke, 1830 - Libel and slander |
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Page 10
... words used by the defen- dant , by which he threatened that he would have the plaintiff struck off the roll of attornies , it was held that proof of the plaintiff's being an attorney was unnecessary , for the words imported the fact ( r ) ...
... words used by the defen- dant , by which he threatened that he would have the plaintiff struck off the roll of attornies , it was held that proof of the plaintiff's being an attorney was unnecessary , for the words imported the fact ( r ) ...
Page 12
... words or libel consists . Any material variance in the proof of such averments will , it has been seen ( u ) , be ... words spoken , evidence of the speaking before any third person will be suffi- cient , though the declaration allege ...
... words or libel consists . Any material variance in the proof of such averments will , it has been seen ( u ) , be ... words spoken , evidence of the speaking before any third person will be suffi- cient , though the declaration allege ...
Page 13
... words spoken , has committed them immediately to writing , he may afterwards read the paper in evi- dence , if he swear that the words contained in it are the very words ( d ) ; and if the words have ( b ) 1 Will . Saun . 132. n . 2 ...
... words spoken , has committed them immediately to writing , he may afterwards read the paper in evi- dence , if he swear that the words contained in it are the very words ( d ) ; and if the words have ( b ) 1 Will . Saun . 132. n . 2 ...
Page 51
... words or libel depends upon their application to such extrinsic facts . This is usually done by the testimony of one or more witnesses who know the parties and cir- cumstances , and who can state their judgment and opinion on the ...
... words or libel depends upon their application to such extrinsic facts . This is usually done by the testimony of one or more witnesses who know the parties and cir- cumstances , and who can state their judgment and opinion on the ...
Page 52
... words , they afterwards repeated them to those who understood them ( s ) . But it seems that where the words are actionable in respect of ex- trinsic facts , as for instance , that they were spoken of the plaintiff in his character of ...
... words , they afterwards repeated them to those who understood them ( s ) . But it seems that where the words are actionable in respect of ex- trinsic facts , as for instance , that they were spoken of the plaintiff in his character of ...
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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...