Page images
PDF
EPUB

before, and follows after, it must, in the plain, obvious, and natural construction of the whole, refer to a particular person, and would be perfect nonsense if restrained to any other meaning, is as properly a libel, as if it had expressed the whole name at large: 1 Haw. P. C. c. 28, s. 5, and see Bourke v. Warren, 2 C. & P. 307.

To complete the offence of libeling, it is necessary that the libel should be published. It appears, however, to be doubted whether the case of writing and composing a libel with intent to publish, where no publication takes place, is not an exception to this general rule: R. v. Burdett, 4 B. & A. 95. But it seems clear that no man can be charged with having a libel in his possession with intent to publish it, for the mere having is no act: R. v. Rosenstein, 2 C. & P. 414. And the mere writing or composing a defamatory paper by any one, which is confined to his closet, and neither circulated nor read to others, but which is surreptitiously obtained from him, will not render him responsible: R. v. Paine, 5 Mod. 165. It may, however, be laid down generally, that all who are concerned in composing, writing, and publishing a libel, are guilty of the misdemeanor, unless the part they had in the transaction was a lawful or innocent act; and, therefore, if one man repeats a libel, another writes it, and a third approves of what is written, they will all be makers of the libel, Bac. Abr. Libel, (B), 1; and a person who appears once to have written a libel, which is afterwards published, will be presumed to be the maker of it, unless he rebut such presumption, by showing another to be the author: ib., and see R. v. Beare, 1 Lord Raym. 417. Proof that the libel was contained in a letter directed to the party and delivered into the party's hands, is

sufficient proof of a publication to support an indictment or information:1 Russ. 235. And, where the proceeding is criminal, it is of no consequence whether the letter be sealed or not, for in such case a traditio to the party alone is a sufficient publication, consideration be ing had to the breach of the peace: see R. v. Burdett, 4 B. & A. 95; R. v. Wegener, 2 Stark. 245. The delivery of a libel by mistake is no publication: R. v. Daine, 5 Mod. 167. And a general confession that the defendant was the writer of a libel does not amount to an admission that he published it, still less is it a confession that he published it in any particular county: 2 Stark. Ev. citing the seven bishops' case. As to the evidence against newspaper publishers, see ante, 38 Geo. 3, c. 78. It may here be noticed that the proprietor of a newspaper is answerable criminally as well as civilly for the publication of a libel, though he has nothing to do with the publication, and the whole is conducted by his servants: R. v. Walter, 3 Esp. 21. And every copy of a libel sold by a defendant is a separate publication, and subjects him to a distinct prosecution; and, therefore, the defendant may be prosecuted by an information filed by the attorneygeneral, although an indictment has been brought on the prosecution of a different person, for publishing different copies of the same libel: R. v. Carlile, 1 Chit. 451.

Upon an indictment or criminal prosecution for a libel, the party cannot justify that its contents are true, or that the person upon whom it is made had a bad reputation. This rule, in the case of individuals, arises from the principle already mentioned, regarding the breach of the peace: 1 Haw. P. C. c. 28, s. 6; 1 Russ. 211. It should also seem that a party will not be excused by showing that the libel with

which he is charged was copied from some other work, even though he may have stated it to be merely a copy, and disclosed the name of the original author at the time of its publication: 1 Russ. 212; and see Lewis v. Walter, 4 B. & A. 605; M'Gregor v. Thwaites, 4 Dowl. & Ryl. 695; 3 Barn. & Cress. 24. And it has been held to be no excuse for the printer of a newspaper that he did not know that a certain libel was printed, and that he was sorry, and had, immediately on discovery, stopped the sale; though these circumstances will, of course, go in mitigation of punishment: anon. Lofft, 544, 780; R. v. Williams, id.

759.

In granting criminal informations for libels, the court will always exercise a discretionary power; as where the application is made after a great length of time, or the matter complained of appears to be true, or the granting it would be a discouragement to learned inquirers, or where the matter complained of was intended for refor. mation, not defamation: Buc. Abt. Libel. As an illustration of the third proposition here stated, a case is cited where the court refused to grant a criminal information for publishing that a quack medicine had done mischief in twelve several

cases, and that it was a compound
of poison and antimony.
As to
where the court will or will not
grant a criminal information, see R.
v. Haswell, and R. v. Bute, 1 Doug.
387; R. v. Wright, 2 Chit. 162; Ř.
v. Miles, 1 Doug. 284; R. v. Wright,
8 T. R. 293. It may be proper to
observe, that the court will grant a
criminal information for publishing,
with comments, a statement of the
evidence given before a coroner's
jury, before the investigation is con-
cluded; and it matters not that such
statement is correct, and there is no
malice: R. v. Fleet, 1 B. & A. 379.
In a late case, where the defendants
had employed a man to parade with
and exhibit before the auction-room
of the plaintiff a libellous placard,
containing the words "Beware of
mock auctions, of swindlers, and
pickpockets," upon its appearing
that the plaintiff had just grounds to
apprehend partiality if he proceeded
by indictment, and the affidavit
stating that the auctions were con-
ducted on fair and honourable prin-
ciples, that the plaintiff rendered a
daily account to the Board of Ex-
cise, and that the auctions were real,
and not mock auctions, the court
granted a rule nisi, to show cause
why a criminal information should
not be filed: Exparte Genese, Trin.
Term, 1828.

MAINTENANCE.

32 Hen. 8, c. 9.

III. Furthermore, (be it enacted) that no manner of Unlawful person or persons, of what estate, degree, or condition maintaining of a suit desoever he or they be, do hereafter unlawfully maintain, or pending in cause, or procure any unlawful maintenance, in any action, any of the demand, suit, or complaint, in any of the king's courts king's of the chancery, the star chamber, Whitehall, or else- courts. where within any of the king's dominions of England and Wales, or the marches of the same, where any person or persons have or hereafter shall have authority, by virtue of the king's commission, patent, or writ, to hold plea of lands, or to examine, hear, or determine any title of lands,

Proclama

statutes of

mainte

nance,

&c. shall be

assizes.

or any matter or witnesses concerning the title, right, or interest of any lands, tenements, or hereditaments; and also that no person nor persons, of what estate, degree, or condition soever he or they be, do hereafter unlawfully retain, for maintenance of any suit or plea, any person or persons, or embrace any freeholders or jurors, or suborn any witness, by letters, rewards, promises, or any other sinister labour or means, for to maintain any matter or cause, or to the disturbance or hindrance of justice, or to the procurement or occasion of any manner of perjury by false verdict or otherwise, in any manner of courts aforesaid, upon pain to forfeit for every such offence 101. the one moiety thereof unto the king our sovereign lord, and the other moiety to him that will sue for the same by action of debt, bill, plaint, or information, in any of the king's courts; in which action, no essoin, protection, wager of law, nor injunction shall be allowed.

V. And for the due execution of this present act, be it tion of the further enacted, by authority abovesaid, that the justices of assize of every circuit within this realm, and elsewhere within the king's dominions, shall, in every county champerty, within their circuits, two times in the year, that is to made at the say, in the time of their sittings for the taking of assizes or delivery of the goals, cause open proclamation to be made, as well of this present act, and of every thing therein contained, as also of all other statutes heretofore made against unlawful maintenance, champerty, embracery, or unlawful retainers, to the intent that no manner of person or persons, hearing the same, should be ignorant or miscognizant of the dangers and penalties therein contained and specified.

VI. [Within what time the offender shall be sued. See ante, tit. "Champerty."]

Note.-Maintenance is the unlawful taking in hand or upholding of quarrels or sides, to the disturbance of common right, 1 Russ. 176, where see more on this subject; see also Co. Litt. 368; 1 Haw. P. C., c. Where there is no contract to

3.

have part of the thing in suit, the party intermeddling is said to be guilty of maintenance only; but, if the party stipulate to have part of the thing in suit, his offence is called champerty; see ante, tit. “Champerty."

MALICIOUS INJURIES.

7 & 8 Geo. 4, c. 30.

Whereas various statutes now in force, in that part of the united kingdom called England, relative to malicious injuries to property, are by an act of the present session of parliament repealed, from and after the last day of June in the present year, except as to offences committed.

before or upon that day; and it is expedient that the Commenceprovisions contained in those statutes should be amended ment of act. and consolidated into this act, to take effect at the same time as the said repealing act: be it therefore enacted, &c. that this act shall commence on the first day of July in the present year."

or cotton

III. And be enacted, that if any person shall unlaw- Destroying fully and maliciously cut, break, or destroy, or damage, silk, woolwith intent to destroy or to render useless, any goods or len, linen, article of silk, woollen, linen, or cotton, or of any one goods in the or more of those materials mixed with each other, or loom, &c. mixed with any other material, or any frame-work or any maknitted piece, stocking, hose, or lace respectively, being longing to chinery bein the loom or frame, or on any machine or engine, or on those manuthe rack or tenters, or in any stage, process, or progress factures, &c. of manufacture; or shall unlawfully and maliciously cut, break, or destroy, or damage, with intent to destroy, or to render useless, any warp or shute of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, or any loom, frame, machine, engine, rack, tackle, or implement, whether fixed or movable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such goods or articles; or shall by force enter into any house, shop, building, or place, with intent to commit any of the offences aforesaid, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and if a male, to be once, twice, or thrice, publicly or privately whipped (if the court shall so think fit,) in addition to such imprisonment.

machines

the fore

going.

IV. And be it enacted, that if any person shall unlaw- Destroying fully and maliciously cut, break, or destroy, or damage threshing with intent to destroy or to render useless, any threshing- and machimachine, or any machine or engine, whether fixed or nery in any moveable, prepared for or employed in any manufacture other manuwhatsoever, (except the manufacture of silk, woollen, facture than linen, or cotton goods, or goods of any one or more of those materials mixed with each other, or mixed with any other material, or any frame-work, knitted piece, stocking, hose, or lace,) every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice, publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

Drowning any mine, or filling up any shaft,

&c. with in

tent to destroy the mine.

Destroying any engine, erection,

&c. used in any mine.

Damaging a ship, otherwise

than by fire.

Exhibiting false signals to a ship, &c.; de. stroying a shipwrecked vessel or cargo, &c.

VI. And be it enacted, that if any person shall unlawfully and maliciously cause any water to be conveyed into any mine, or into any subterraneous passage communicating therewith, with intent thereby to destroy or damage such mine, or to hinder or delay the working thereof, or shall, with the like intent, unlawfully and maliciously pull down, fill up, or obstruct any airway, waterway, drain, pit, level, or shaft of or belonging to any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment: provided always, that this provision shall not extend to any damage committed under ground by any owner of any adjoining mine in working the same, or by any person duly employed in such working.

VII. And be it enacted, that if any person shall unlawfully and maliciously pull down or destroy, or damage with intent to destroy or to render useless, any steamengine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, whether such engine, staith, building, erection, bridge, waggonway, or trunk be completed or in an unfinished state, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned.

X. And be it enacted, that if any person shall unlaw. fully and maliciously damage, otherwise than by fire, any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same, or to render the same useless, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable at the discretion of the court to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years: and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

XI. And be it enacted, that if any person shall exhibit any false light or signal, with intent to bring any ship or vessel into danger, or shall unlawfully and maliciously do any thing tending to the immediate loss or destruction of any ship or vessel in distress, or destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or

« PreviousContinue »