COSTS-continued. on writ of inquiry, 423 jury not to consider question of, 352, 649 of indictment, 686 of criminal information, 691 when removed by certiorari, 675, 686 COUNCIL, COUNTY, CITY OR TOWN, comments on proceedings, no libel, 200 COUNSEL, slander of, 57, 58 libel on, 26 privilege of, 225--227 case for opinion of, not absolutely privileged, 230, 286 libel by, in law book, 6, 300 criminal information against County Court judge for refusing to hear, report of speech of, in Court, 298, 300, 303 conduct of defendant's, at trial may enhance damages, 368 may be a contempt of Court, 508 insults to, may be a contempt of Court, 507 COUNTERCLAIM, 375, 597, 598 costs of, 420-422 may be struck out, 598 COUNTY, proof of publication within, 676 COUNTY COURT, no jurisdiction in actions for slander or libel, except by consent, 410, remitting action to, 422, 574, 575 subsequent proceedings, 658-662 jury, 661 trial, 661 new trial, 661 costs, 661 contempts of, 525, 526 criminal information against judge of, 438 FORMS OF PRECEDENTS, NOTICES, &C., 741-743 COUNTY COURT JUDGE, words spoken by, in a judicial proceeding, absolutely privileged, 223 COUNTY COURTS ACT, 1888, does not apply to actions of libel and slander, 410 law previous to, as to costs, 410, 411 remitting actions under s. 66...422, 575, 576, 658 COURT, choice of, 565 payment into, 381, 420, 594, 730-735 of Appeal, proceedings in, 652 proceedings in County Court, 659, 662 university, proceedings in, 565 COURT-MARTIAL, defamatory statements made in course of proceedings by, 228 judgment of, absolutely privileged, 223 COURT OF JUSTICE, proceedings of, absolutely privileged, 220-231 report of proceedings of, privileged, 291 may be forbidden, 504 comments on proceedings of, 198—200 contempts of superior Courts of Records, 499-521 inferior Courts, 522 inferior Courts of Record, 523 proceedings in County Court, 659–662 remitting action to, 575 to Court of Passage, 576 other inferior Courts, 497, 662 COURT OF PASSAGE, an inferior Court, 497 jurisdiction of, 662 costs in, 411 COURT OF SUMMARY JURISDICTION, defamatory statements made in the regular course of proceedings at, reports of proceedings, privileged, 291 preliminary hearing of charge of libel, 664-668 power to seize and destroy obscene publications, 475 power under Indecent Advertisements Act, 477 "COZENER," 47, 62, 65 CREDIT of traders, libels affecting, 6, 29-32 words affecting, 49, 63-67, 707, 708 cross-examining as to, 376, 609, 642 CREDITORS, communications between, when privileged, 334 CRIME, libel is, slander is not a, 7, 426, 616 words conveying direct charge of, actionable, 37, 42 statement that plaintiff has been accused of crime, 16, 19, 41 words not necessarily imputing, actionable if written, 16 imputation must be specific, 45, 132-141 person charged must be certain, 141 words of suspicion only, 41 imputing the murder of a person yet alive, 48 attempting to commit, 39, 41, 137 infamous, threat to accuse of, 432 solicitation or hiring to commit, 40 justification as to charge of committing, 175, 644, 645 proof of conviction, 643 information of, given to public officer, 257-263 CRIMINAL INFORMATION, 9, 433-438, 688--692 fiat of public prosecutor not now required for, 768, 792 where granted, 433-436 application must be made promptly, 435 practice and evidence, 688-692 motion for order nisi, 688 affidavits on application for, 688-690 argument on application for, 690 compromise, 691 trial, 691 costs, 691 no civil action after, 9, 569, 570 CRIMINAL LIABILITY, of a married woman, 538 of an alien, 544 of an infant, 539 of agent or servant, 545 of master or principal, 160, 440, 548 of a corporation, 553 of a lunatic, 541 CRIMINAL PLEADINGS, precedents of, 744-757 CRIMINAL PROCEEDING, 426-445, 663--692 when order of judge necessary, 663 publication, 438-443 privilege, 443 justification, 175, 443-445 remedy by indictment, 426 special intent, when necessary, 427 punishment at common law, 426, 430 statutes, 430-432 remedy by information, 9, 433-438 libels on foreign ambassadors, public personages, &c., 436 considerations as to criminal proceedings for libel, 7-9, 426, 427 CRITIC, duties of, 186-188, 208 CRITICISM, right of, 184-214 distinguished from defamation, 186 of public men and institutions, 184-214 not seditious, 494 must be fair and bonâ fide, 189, 190, 207-209 on public entertainments, &c., 204 of books, newspapers, pictures, and architecture, 202-204 CROSS-EXAMINING "TO CREDIT," 376, 609, 642 CRUELTY, charge of, libellous, 19, 190 O.L.S. 3 G general and special damage defined, 2, 37, 347, 353 different kinds of, 349, 350 caused by diffusion of libel in newspapers, 312, 351 amount of, is a question for the jury, 349, 648, 649, 656 when presumed without evidence, 348 must be assessed once for all, 351, 649 costs should not be considered in assessing, 352 excessive, 349, 656 loss of custom, 349, 358 evidence of, 636, 637 II. Special damage where the words are not actionable per se, 353-362 what constitutes, 3, 353, 354 when necessary, 2, 37, 72, 347, 353 action on the case for words causing, 73-103 must be pleaded and proved, 353, 359, 361 what a sufficient allegation of, 358, 361 loss of individual customers, 358-361 diminution in profits, 359, 361 subsequently arising, 361, 362 particulars of, 586 III. Special damage where the words are actionable per se, 362-365 what may be considered in assessing, 363 subsequent to action, 364 precedents of, 708-715 IV. Evidence for the plaintiff in aggravation of damages, 365-368 extensive publication, 159, 335, 337, 349, 365 plaintiff's good character, 366 V. Evidence for the defendant in mitigation of damages, 368-381 justification of part of the libel, 180, 369 (ii) Previous publications by others, 178, 369–371, 645, 646 (iii) Liability of others, 159, 371–373, 560, 561 other actions not to be considered, 165, 327, 609, 645, 646 (iv) Absence of malice, 370, 373-375 (v) Evidence of plaintiff's bad character, 375-378, 646 (vi) Absence of special damage, 378 (vii) Apology and amends, 378-381, 596, 597 DAMAGES-continued. VI. Remoteness of damages, 381-384 damage must be the direct result of defendant's words, 170, 382 not essential that such third party should believe the charge, 386 damage must have accrued to the plaintiff himself, 391 DANCING MISTRESS, slander of, 62 DEAD, libels on the, 22, 427, 428, 752 intent must be proved, 427 slander of, 392 DEATH, charge of being the cause of, 60, 138 "guilty of the death of D." is actionable, 134 of party to action, effect of, 542 DEBATES IN PARLIAMENT, reports of, 308, 309 DEBT, making unfounded claim of, not actionable, 20, 63, 64 letter repudiating, when privileged, 274, 288, 344 DEER STEALING, charge of, actionable, 45 "DEFALCATIONS," charge of having made, libellous, 25 DEFAMATORY, WORDS 1—15 defined, 2, 16, 37 classified, 16-103 what are not in their nature, 69-72, 128, 129 jurisdiction of Ecclesiastical Courts, abolished, 45, 67, 68 DEFAULT, judgment by, in civil cases, 572 in criminal cases, 685 "DEFAULTER," 17, 25 DEFENCE, 587-598 that words are not defamatory, 718-721 privilege, 216, 590, 723-728 absolute privilege, 215-233, 723, 724 qualified privilege, 234-318, 723-728 infancy, no defence, 539 insanity, no defence, 540 drunkenness, no defence, 730, 731 master's commands, no defence, 545 instructions for, 584 objections on point of law, 589, 716 accord and satisfaction, 593, 730 |