DEFENCE-continued. Statute of Limitations, 352, 567, 593 other special defences, 593, 734, 735 justification in criminal cases, 443–445, 745, 754, 755 publication to plaintiff only, 150, 153, 438, 718 PRECEDENTS OF, in actions of libel and slander, 715-735 DEFENDANT, married woman, 530-532, 535-539 matters to be considered by, 571 may be called by plaintiff, 627 evidence for, 642-646 successful, cannot be ordered to pay costs, 412 joint, 560 no contribution between or indemnity to, 164, 165 DEFINITION, of libel, 1, 7, 16 of slander, 1, 7, 37 of defamatory words, 1, 7, 16, 186, 187, 189 of fair comment, 207 of publication, 150, 155 of reputation, 150 of confidential relationship, 244, 245 of malice, 5, 321 of a newspaper, 749, 783, 790 DEMANDING MONEY WITH MENACES, charge of, actionable, 39 with threats to publish a libel, 430, 431 DEMURRER, proceedings in lieu of, in civil cases, 589 joinder in, 754, 757 to a plea, 757 DENTIST, words spoken of a, 61 DEPRIVING PLAINTIFF OF COSTS, powers of Court or Judge, 415, 417 must be good cause, 411-416 what is good cause, 411-417 appeal as to, 416, 417 "DIFFICULTIES," charge of being in, libellous, 17, 30 DIRECTIONS, SUMMONS FOR, particulars, 573 DIRECTIONS, SUMMONS FOR-continued. security for costs, 573 remitting action to County Court, 574 consolidation of actions, 574 stay of proceedings, 574 evidence, 574 place of trial, 574 time of trial, 574 mode of trial, 575 DIRECTORS OF COMPANY, reports of, to shareholders, privileged, 266 costs of libels on, 424, 425, 686, 687 criminal liability of, 443 DISCOVERY, of documents, 602-607 what documents are privileged from, 604 State papers, 605 by interrogatories, 607-618 in County Court, 661 DISEASE, INFECTIOUS OR CONTAGIOUS, charge of having, 37, 48, 49, 705 advertisements relating to, 477, 794 DISGRACEFUL CONDUCT, imputation of, libellous, 27, 192, 193 DISHONESTY, charge of, written, 16, 17, 30, 325, 344 verbal, 45, 51, 64, 66, 112, 125, 139, 337, 707 imputation of, in giving character of servant, 238, 254-257 DISPARAGEMENT OF GOODS, what the plaintiff must prove in action for, 73-75 what words are actionable as such, 84-90 actionable as libel or slander if involving reflection on reputation, 32-36, 73 malice in such action, 89 privilege may be pleaded, 89 DISPARAGEMENT OF TITLE, when actionable, 75. (See under Slander of Title.) DISSENTING MINISTER, words concerning, 25, 57, 200, 272, 280 proof of special damage by, 354, 360, 364 DIVINE SERVICE, not a public meeting, 313 DIVORCE, assertions that husband is seeking, a libel on wife, 19 DOCUMENTS, discovery of, 602-607 inspection of, 606 secondary evidence, 629 DOMESTIC FORUM OR TRIBUNAL, 269, 270 DRAMATIC AUTHOR, libel on, 28 charge of writing immoral play, 28, 203 DRUNKENNESS, charge of, 29, 56, 61, 63, 263, 334, 338 DUEL, challenge to fight a, 429 “DUFFING,” charge of, 121 "DUNCE," actionable, if spoken of a lawyer, 57 DUTY, as ground of privilege, 4, 5, 237–263 E. ECCLESIASTICAL AFFAIRS, may be criticised, 202 ECCLESIASTICAL COURT, jurisdiction of, in cases of defamation, abolished, 45, 67 law of, how far part of English Common Law, 457, 458 EDITOR OF NEWSPAPER, words concerning, 28, 115, 212, 722 may comment on matters of public interest, 184-214 joint liability for publication of libel, 164, 761, 783 liability to proprietor, 8, 164 contempt of Court by, 511 not liable for malice of reporter, 346 reports published by, 309-318, 759-771 no contribution from, 8, 164, 165 EFFIGY, libel by means of, 7, 13, 22, 127, 145, 403 ELECTION PETITION, form of, 758 Corrupt and Illegal Practices Act, 795 EMBEZZLEMENT, words imputing, actionable, 39, 48, 135, 146 EMPLOYER, liability of, 440, 546, 548 EMPLOYMENT, loss of, is special damage, 15, 353 ENDORSEMENT ON WRIT, is privileged, 228 as to innuendo, 632 as to the libel, 628 secondary, when admissible, 629 as to speaking the slander, 630 of plaintiff's good reputation, 366 that the words refer to plaintiff, 634 that the words were spoken of him in the way of his trade, 635 of malice, 323, 330-338, 635 of other libels or slanders, 327, 635 of damage, 348, 636 of special damage, 2, 353 in aggravation of damages, 365-368 in mitigation of damages, 368-381, 646 of plaintiff's distress of mind, 354, 357, 363 of loss of trade, 358, 359 as to handwriting, 625 of admissions by defendant, 627 of personal ill-will, 323, 326 for defendant, 642-646 of privilege, 644 of a justification, 173, 644 of an apology, 378-381 2. In criminal cases, of defendant and husband or wife, now admissible, 666, 678, 793 for the prosecution, 675 for the defence, 441, 678 (ii.) In criminal informations, for the prosecution, 688 for the defence, 690 EX PARTE PROCEEDINGS, reports of, 291-295 EXAGGERATION in a comment, otherwise fair, 208 may destroy privilege, 287 may be evidence of malice, 332-335, 340 EXCESS in mode of extent and publication, 159, 269, 270, 335, 343, 365 EXCOMMUNICATED, charge of having been, 45 EXECUTORS, 542 have a common interest, 264 action for slander of title survives to, 73, 79, 80, 542 EXEMPLARY DAMAGES, when allowed, 350 EXPERTS, evidence of, 626 EXTORTION, charge of, 27, 54, 334 assertion of, is not comment, 188, 189, 191, 409 should be kept distinct from comment, 192 pleas as to, 682, 716, 717 notice to admit, 620 FAIR COMMENT, 184-214 right of every citizen to comment fairly on matters of public interest, this branch of law of modern growth, 184—186 no libel, 185 bonâ fide criticism is fair comment, 186, 188 what is a, 207 must be fair and honest, 187, 207-213 must not be prompted by malice, 214 a question for the jury, 194 distinguished from allegation of fact, 192, 409, 716, 717 must be on matter of public interest, 195 judge must decide what are matters of public interest, 187, 195 respective provinces of judge and jury, 639, 641 matters of public interest include: affairs of State, 196 administration of justice, 198 public institutions and local authorities, 200 books, pictures, &c., 202 ecclesiastical affairs, 202 theatres, concerts, &c., 204 appeals to public, 205 imputation of a bad motive, 210 pleas of, 716, 717 FAIR REPORT, privileged, 290-318 of judicial proceedings, 291-307 |