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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,
not a Court, 230

comments on proceedings, no libel, 200
reports of proceedings of, privileged, 310

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,
438

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,
575, 659

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
report of proceedings in, 231, 301

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
Colonial Courts, 521, 522

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,
privileged, 222

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
report of meeting of, not privileged, 313

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
two kinds of, 433

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
PRECEDENTS OF, 744-748

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
practice and evidence, 663-692

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
ridicule of author permitted, 186, 203

CROSS-EXAMINING "TO CREDIT," 376, 609, 642

CRUELTY,

charge of, libellous, 19, 190

O.L.S.

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general and special damage defined, 2, 37, 347, 353
I. General damages, 348–352

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
what admissible as, 365, 366

extensive publication, 159, 335, 337, 349, 365

plaintiff's good character, 366

V. Evidence for the defendant in mitigation of damages, 368-381
(i) Evidence falling short of a justification, 368

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
damage caused by the act of a third party, 384

not essential that such third party should believe the charge, 386
third person compelled to repeat defendant's words, 171, 377
damage caused by repetition of a slander, 170, 171, 387, 388
husband and wife, 391

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
justification, 173-183, 590, 721-723

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

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