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 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 “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 joint liability of editor and printer for libel in, 164, 548 language concerning, 3, 51, 200, 437, 496 report of proceedings before, privileged, 292-294 proceedings before, 664 obscene works, power of, to search for, 12, 475 summary jurisdiction of, in cases of libel, 666, 785 "MAINSWORN," 121 MAINTENANCE, loss of, by wife, as special damage, 392 MALICE, 319-346 means in this book "actual (6 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, plea of justification, when, 173, 328, 590, 591, 635, 636 II. Evidence of, derived from the mode and extent of publication, the (i.) Where the expressions employed are exaggerated and (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 "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 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 MEANING, of speaker immaterial, 104, 634 of words is a question for the jury, 104-129, 640, 647 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 what are, 312 MEMBER OF PARLIAMENT, words concerning, 51, 213, 268, 370, 490-493 to Home Secretary, 262, 263, 628 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 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 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 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 |