PRIVILEGED OCCASIONS-continued. words spoken by a judge, or person by law exercising words spoken by parties and advocates, 225-227 words in documents used in, 228-231 proceeding must be judicial, not administrative, 221, 230 PRECEDENTS, 723, 724 Qualified Privilege, 234-318, 724-728 cases of qualified privilege classified, 234 I. WHERE CIRCUMSTANCES CAST UPON THE DEFENDANT THE DUTY OF MAKING A COMMUNICATION. (A.) Statements made in answer to inquiry, 238–242, 340 other answers to inquiries, 238 (B.) Statements not in answer to a previous inquiry, 242—263 communications made in discharge of a duty arising] from a information volunteered when there is no confidential relationship existing, 247-257, 340, 341, 725 characters of servants, 254-257, 338-340, 724 information as to crime or misconduct of others, 257-260, 342 person applied to must have some jurisdiction, 260, 343 II. WHERE THE DEFENDANT HAS AN INTEREST IN THE SUBJECT-MATTER OF DUTY IN CONNECTION WITH THE MATTER, 264-289 common interest may be pecuniary or professional, 264 must be one which the law recognises and appreciates, 264, 265 trade protection societies, 270-272 tribunals constituted by agreement, 270, 271 if strangers present, privilege will be lost, 281, 282 statements necessary to protect defendant's private interest, 272- III. COMMUNICATIONS MADE IN SELF-DEFENCE, 275-289 two exceptions, 282 (i.) extent of the privilege in slander, 282 privileged communications, 286 PRECEDENTS, 724-727 PRIVILEGED REPORTS, 290-318, 345, 346. (i.) Reports of judicial proceedings, 291-307, 768 PRIVILEGED REPORTS-continued. (i.) Reports of judicial proceedings-continued. reports not privileged, 230, 296, 297 reports must be accurate, 298, 345, 346 no comments should be interpolated, 302 an accurate report may still be malicious, 304, 346 (iii.) Reports of public meetings, 309-318, 790 in actions on the case, 89, 237 in criminal cases, 443 PRECEDENTS, 727, 728 PRIVY COUNCIL, complaint addressed to, privileged, 220 PROBABLE CAUSE, absence of, may render publication of words actionable, 14, 15 80, 89, 100 PROCEEDINGS, former, 272, 569, 593, 729 after judgment, 652-658 in the County Court, 659-662 before magistrates, 664-668 after verdict, 681-684 report of, matter of public interest, 198-200 PROCTOR, words concerning a, 27, 176 PRODUCTION OF DOCUMENTS, order for, 602-604 privilege, 604-606 inspection, 606, 607 PROFANE LIBELS, 464-172 PROFESSION, words injuring the plaintiff in the way of his, 2, 16, 25-29, 37, 49-62, 635, 701-707 PROFITS, loss of, is special damage, 354, 358, 361, 362 PROMISE, to indemnify against consequences of publishing libel, 8 to abstain from publishing libel, 9 PROOF of plaintiff's special character, 52, 623 of publication, 624 of the libel, 628 of the speaking of the slander, 630 that the words refer to the plaintiff, 634 that the words were spoken of the plaintiff in the way of his office, profession, or trade, 635 PROPRIETOR of newspaper liable for all libels contained therein, 6, 156, 163, 548 not liable for malice of reporter, 345 liable for accidental slips of printer, 548 civilly, 6, 28, 29, 163, 164, 309-318, 547-549, 717 criminally, 439, 549, 550 register of, 12, 785-789 "representative," 785 PROSECUTION, for libel, 426-445 procedure on, 663-692 when leave of judge required for, 663 PROSPECTIVE DAMAGES, 352 PROSTITUTE, verbal charge of being, now actionable by statute, 67–69, 794 PROSTITUTION, words imputing to a woman or girl, now actionable, 67-69, 389, 794 PROVOCATION, to a married woman, 67-69, 392 by libel to a breach of the peace, 426 by plaintiff's conduct, 275-281, 374, 433 by previous libels, when evidence in mitigation, 374 PUBLIC AUTHORITIES PROTECTION ACT, 1893, continuing damage, 568 judge has discretion as to solicitor and client costs, 650 PUBLIC BENEFIT, when a defence in criminal proceedings, 183, 443—445, 756, 777 PUBLIC BODIES, costs incurred by, 424, 425 "PUBLIC CONCERN," new phrase introduced into section 4 of the Law of Libel Amendment Act, 1888...769, 790 probable meaning of, 769 report must be of matter of, to be privileged, 315–318 what are matters of, 195-207, 316 PUBLIC INSTITUTIONS AND LOCAL AUTHORITIES are matters of public interest, 195 PUBLIC INTEREST, MATTERS OF, may be freely commented on, 184-214 is a question for the judge, 195 report must be of, to be privileged, 315-318 Government patronage, 197 PUBLIC INTEREST, MATTERS OF-continued. petitions to Parliament, 196 books and other literary publications, 185, 186, 202-204 architecture, 202-204 advertisements, placards, circulars, 205-207 the performances at places of public entertainment, 204, 205 parochial charity, 201, 202 ecclesiastical affairs, 202 the public conduct of public men, 184, 186, 187, 194-196 newspaper controversies, 206, 207 American law concerning, 198 PRECEDENTS OF PLEAS OF BONA FIDE COMMENT ON, 716, 717 PUBLIC MEETINGS, reports of proceedings at, how far privileged, 309-318, 759-771, 790, 791 comments on conduct of persons attending, permitted, 206, 207 what are, 312, 313, 790, 791 PUBLIC MEN, who are, 184, 185 their public conduct may be freely discussed, 185-192, 194, 207-210 PUBLIC OFFICER, information given to, privileged, 257--260 charges against, privileged, 260-263 PUBLIC PERFORMANCES AND ENTERTAINMENTS to persons outside the privilege, 281-289 subsidiary, on a privileged occasion, 284-286 plaintiff must prove a publication by the defendant in fact, 155 publication in a newspaper, 163, 164, 309-318 to printer, 154, 580 all concerned in, are liable, 6, 164, 165, 439, 440 PUBLICATION-continued. publisher of book containing a libel cannot sue person who shows book to another, unless as for breach of contract, 159 particulars of, 586 excessive or repeated, will aggravate damages, 158, 269, 270, 336, 346, (i.) where occasion privileged but others overhear, 282-284 (ii.) subsidiary publications, 284-286 cases of qualified privilege classified, 234 |