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LIBEL ACT,

32 Geo. III. c. 60 (Mr. Fox's), 13, 105, 680, 772, 773

3 & 4 Vict. c. 9 (Protection for publication of parliamentary papers), 773
6 & 7 Vict. c. 96 (Lord Campbell's), 775-778

s. 1...378, 379, 596, 734, 775

s. 2...379, 398, 646, 734, 775, 776

s. 3...430, 776

s. 4...431, 665, 677, 776, 777

s. 5...431, 445, 753, 777

s. 6...443-445, 671, 685, 777

s. 7...440-443, 548-550, 679, 777, 778

s. 8...686, 692, 778

Newspaper Libel and Registration Act, 1881...311, 759–765. 782-789
Law of Libel Amendment Act, 1888...306, 309, 310, 474, 577, 663,
666, 765-771, 790

“LIBELLER,"

charge of being, 40

"LIBELLOUS JOURNALIST," 28, 140, 175

LIBELLOUS WORKS,

no copyright in, 8

printer cannot recover for printing, 8

no action lies for price of, 8

LIBERTY,

of the press, 10, 290-318, 486, 489

history of growth of, 10-13

LICENSED VICTUALLER,

libel on, 31, 112, 361, 364

words concerning, 38, 64

LIMITATIONS,

Statutes of, 567, 568, 599

defence under, must be pleaded, 593

Public Authorities Protection Act, 1893...568, 650

LIVERY STABLE KEEPER,

words concerning, 63

LOCAL AUTHORITY,

not a Court, 230

proceedings of, may be criticised, 195, 200

may be reported, 310

costs of, 424, 425

LOCAL COURTS,

costs in, 410, 411, 662

LOCAL INTEREST,

matters of, may be criticised, 197, 200

LONDON GAZETTE,

official notifications of acts of State, absolutely privileged, 231

LOSS OF BUSINESS,

general, when special damage, 358, 363

how proved, 358, 359

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joint liability of editor and printer for libel in, 164, 548
MAGISTRATES,

language concerning, 3, 51, 200, 437, 496

report of proceedings before, privileged, 292-294
cannot commit for contempt, 526, 527

proceedings before, 664

obscene works, power of, to search for, 12, 475

summary jurisdiction of, in cases of libel, 666, 785
cannot receive as a rule evidence of truth, 445, 665
words spoken in office, absolutely privileged, 224
by clerk of, not privileged, 224

"MAINSWORN," 121

MAINTENANCE,

loss of, by wife, as special damage, 392

MALICE, 319-346

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means in this book "actual (6
or express" malice, 5, 320, 321
not essential to the action, 5, 104, 319

unless occasion privileged, 5, 320, 635

is an answer to a plea of fair comment, 213

may be proved in aggravation of damages, 365, 366

onus of proving, lies on the plaintiff, 73, 74, 305, 322, 590, 635

in another, irrelevant, 322, 367

in the agent of a corporation, 322

must be malice of the defendant himself, 322, 346

proof of actual, 326-346, 365, 366, 443, 635

I. Extrinsic evidence of, 323, 326-329

former publications by defendant of plaintiff, 327, 328, 635

former quarrels, 326, 635

acts of defendant subsequent to publication, 327

that the words are false is alone no evidence of, 636

that defendant knew the words were false, is evidence of, 321,
323, 331, 636

plea of justification, when, 173, 328, 590, 591, 635, 636

II. Evidence of, derived from the mode and extent of publication, the
terms employed, &c., 330-332

(i.) Where the expressions employed are exaggerated and
unwarrantable, 332-335

(ii.) Where the mode and extent of publication is excessive

159, 160, 335-338, 343, 365

MALICE-continued.

absence of, tends to mitigate damages, 4, 320, 370, 373-375

in actions on the case, 76, 80, 83, 89

in actions of slander of title, 72, 80-84

or no malice, is for the jury, 305, 324, 327, 330

mere mistake cannot be evidence of, 323

destroys privilege of report, 304, 305, 306, 314, 345, 784, 791

whether corporation can be guilty of, 6, 553, 554

matters which are not evidence of, 323

particulars need not be given, 582, 600
interrogatories as to, 608

"MAN FRIDAY,"

charge of being, not actionable, 20, 125

judicial notice of the meaning of the term, 20

"MAN OF STRAW,"

libellous, 17

MANSLAUGHTER,

charge of, actionable, 39

MANUSCRIPT,

parting with possession of, is publication, 155-157

MARRIAGE,

loss of, is special damage, 354, 359

evidence of loss of, 359

communication warning against, when privileged, 242, 245, 246, 725

MARRIED WOMAN, 529-539

libel on, 19, 430

slander of, 67-69, 433-435

charge of stealing goods of, 48, 106, 107

trader, 32, 67, 532

as plaintiff, 529, 535, 710

as defendant, 535-539
rights of husband, 530

liability of husband, 539

criminal liability of, 438

may be ordered to find sureties for good behaviour, 430

imputing immorality to, 67-69, 534, 710

communication to, of words defamatory of husband, 152

presence of, on privileged occasion, effect of, 152

costs of, 425, 533, 537

proceedings by, against her husband, 532, 533

security for costs not required from, 531

communication to husband, privileged, 152, 245

MARRIED WOMEN'S PROPERTY ACT, 1882...430, 530-533, 535–539

MASTER,

words used to induce servant to break his contract are actionable, 14, 15

and servant, 545-550

his commands no defence for his servant, 545

liable for words of his servant, spoken with his authority, 546

ratification, 547

giving character of servant, 238–243, 338, 339, 696

criminal liability of, 440, 548

defence under Lord Campbell's Act, 440, 532, 646

MASTER MARINER,

charge of drunkenness against, actionable, 29, 63, 274

privileged, 252

MATTERS OF PUBLIC INTEREST, 184-214, 716, 717

what are, 195-207

matters of local interest, may be, 195-198

affairs of State, 196-198

parliamentary proceedings, 196-198

administration of justice, 198-200

public authorities, 200-202

local institutions, 200-202

parochial charity, 202

ecclesiastical affairs, 202

unpublished sermons, 202

books, 202-204

pictures, 202-204

architecture, 202-204

theatres and concerts, 204, 205

public balls and entertainments, 204, 205

flower show, 204

appeals to the public, 205-207

advertisement of cure, 206

circulars and handbills of tradesmen, 206

controversies in the newspapers, 206, 207

persons inviting public attention, 205-207

PRECEDENTS OF PLEA OF FAIR COMMENT ON, 716, 717

MAYOR,

words concerning, 24, 213, 437, 498, 527
contempt of, 498, 527

MEANING,

of speaker immaterial, 104, 634

of words is a question for the jury, 104-129, 640, 647
assigned by innuendo, must be adhered to, 112, 632, 638
defendant may justify the words without the, 180, 721
MEASURE OF DAMAGES, 348, 349, 636, 637, 656, 657
MEDICAL MAN,

slanders on, 59–61, 70, 706

libels on, 26

criticism on the advertisements of, 177, 206, 213

imputation upon, of immorality, 61, 362

proof of qualification of, 624

unauthorised use of name of, 26

MEDICAL OFFICER OF HEALTH,

conduct of, a matter of public interest, 201, 269, 760

MEDICAL REGISTER,

is evidence, 624

MEETINGS,

public, reports of proceedings at, how far privileged, 309-318, 784, 791
not if meeting illegal, 313

what are, 312

MEMBER OF PARLIAMENT,

words concerning, 51, 213, 268, 370, 490-493
privilege of speech of, 219, 220, 268, 310, 345
may be committed for contempt of Court, 528
MEMORIAL

to Home Secretary, 262, 263, 628
MENTAL DERANGEMENT,
imputations of, 18, 71, 240

defence of, 540, 719, 720

MENTAL DISTRESS

is not special damage, 356, 363

MERCHANT'S CLERK,

words concerning, 138, 274

MERCHANTS,

words concerning, 29, 62-67

imputations on their credit, 30, 50, 63, 134

charge of keeping false account books, 65
imputations on their goods, 30, 31, 64, 84-100

MIDWIFE,

words concerning, 60

MILITARY AND NAVAL OFFICERS,

reports by, privileged, 231-233, 241, 341

have a common interest, 268

MILITARY OFFENCE,

words imputing, 41

MINISTER,

dissenting, words concerning, 25, 56, 57, 272
proof of special damage by, 360, 364

MINISTER OF STATE,

advice to Crown by, absolutely privileged, 232

MISCARRIAGE,

charge of, against servant girl, 62

MISCONDUCT,

general, charge of, actionable only if written, 16

in trade, charge of, is actionable always, 30, 63, 64

information as to, to public officer, privileged, 257–260
imputation of past, in office, actionable, 24

charge of, against public officer, not comment, 190

MISDEMEANOUR,

charges of, 39, 40, 136, 137

libel is a, 7, 8, 426

challenge to fight a duel is, 429

MISJOINDER OF PARTIES, 372, 559-563

MISSTATEMENT OF FACT,

not comment, 190, 193

MISTAKE,

publication of libel by, 5, 6, 127, 156, 319, 441–443

cannot be evidence of malice, 321

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