making false statement.

husband or wife of such person, as the case may be, shall be competent to give evidence in answer to such charge.

Injunction 3. Any person who shall make or publish any false stateagainst person ment of fact as aforesaid, may be restrained by interim or perpetual injunction by the High Court of Justice from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction primâ facie proof of the falsity of the statement shall be sufficient.

Candidate exonerated in certain cases

4. A candidate shall not be liable, nor shall be subject to any incapacity, nor shall his election be avoided, for any of illegal prac- illegal practice under this Act committed by his agent other tice by agents. than his election agent, unless it can be shown that the

Short title.

candidate or his election agent has authorised or consented to the committing of such illegal practice by such other agent, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the election court shall find and report that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false

statements.

5. This Act may be cited as the Corrupt and Illegal Practices Prevention Act, 1895, and shall be construed as one with the Corrupt and Illegal Practices Prevention Act, 1883, and that Act and this Act may be cited together as the Corrupt and Illegal Practices Prevention Acts, 1883 and 1895.

GENERAL INDEX.

ABILITY:

A.

words imputing want of, in office, 28

ABSENTEE:

repetition to one of two persons, of slanderous rumour
affecting, 301

ABSOLUTE PRIVILEGE (see PRIVILEGE, also OCCASION)

ABUSE:

mere general words of, not actionable, 46

ACCESSORIES:

to the publication, criminal liability as to, 474, 486

ACCIDENTAL PUBLICATION:

liability for, and evidence as to, 265

ACCOUCHEUR:

slander of, by imputation of want of skill, 37
words imputing adultery to, 217

ACQUITTAL:

defendant entitled to his costs on acquittal, on trial of
indictment or information, when, 530

how costs on acquittal may be recovered, ib.

ACTION:

grounds of, for slander, generally, 4

for words not in themselves defamatory, 47-8
consolidation of several actions for same libel, 338
second action for same libel, 337

maintenance in an action of libel, 340

remitted to County Court, procedure as to, 350

ADMINISTRATION :

of justice, contempts of Court by wrongful interference
with, 403 (and see CONTEMPTS)

ADMONITION or ADVICE:

communication by way of (see OCCASION OF PUBLICATION)

ADULTERY:

imputation of, now actionable by statute, 44

verbal charges of, occasioning loss of business or employ-
ment, 40-44

imputations of, upon a deceased lady, 437

ADVERTISEMENT:

offering reward for production of a supposed will of a
deceased person, 58

impeaching the quality of goods, manufactures, &c., of
tradesmen, 83

injurious to a physician, by falsely advertising quack
medicines as of his preparation, 84

of tradesmen and others, may be the subject of fair
criticism, 154

offering rewards for evidence, 407

containing threats of legal proceedings, in respect of
alleged infringements of patent rights, 333

indecent, affixing or otherwise exhibiting, a summary
offence, 369

ADVICE:

defamatory communications by way of (see OCCASION)
asked on a subject in which inquirer is interested (see
OCCASION)

AFFIDAVITS:

defamatory matter contained in, not actionable if made
in the regular course of a judicial proceeding, 96—7
scandalous and irrelevant allegations in, how dealt with,

97

no privilege attaching to voluntary and extra-judicial, 98
in aggravation of punishment, 524

where defendant suffered judgment by default, ib.
subsequent and prior conduct of defendant, ib.

on breach of recognizance by subsequent publication of
the libels, 525

as to answering prosecutor's affidavits, ib.

in mitigation of punishment, ib.

truth of libel not available in unless pleaded, ib.
under section 6 of the Libel Act of 1843...526

that defendant stopped the sale of the libel, ib.
on applications for leave to file criminal informations, 454

AGENT:

publication of libel by master through agency of servants
and others, 270

newsvendor selling newspaper in ignorance that it con-
tained a libel, ib.

employment of to distribute copies of a libel, ib.

charge against principals of complicity in fraud of, 305

AGENT-continued.

evidence to rebut primâ facie case of publication by an
agent, 488

principles as to publication through the agency of
another, 498

where defendant was a mere innocent agent in the pub-
lication, 501

that he was ignorant of the contents of the paper, 502
burthen of proof on defendant to establish such ignorance,
503

servants or agents of booksellers and publishers of news-
papers, ib.

doctrine and principle of criminal responsibility, 500
cases in which servants and agents have been held
criminally liable, though ignorant of the libel, 501-—3
evidence to rebut prima facie case of publication, 504
provisions of the statute as to, ib.

evidence in contradiction, exculpation or excuse, 506
evidence of authority to publish a libel, ib.

AGGRAVATION (matters of):

of damages by plea of justification, 224

by injudicious cross-examination of plaintiff, ib.
matters alleged in, must be covered by the justification, 304
of punishment, affidavits as to, 524

subsequent conduct of defendant, ib.

conduct prior to conviction, ib.

AGREEMENT:

to accept the publication of mutual apologies, 252
to compromise a libel by payment and acceptance of
money, 323

ALDERMAN :

of a borough, slander of, 32

ALIEN:

may sue for libel, when, 234

ALLEGORICAL:

representations, libels by (see FIGURATIVE LIBELS)

AMBASSADORS:

libellous reflections on foreign ambassadors, 440

AMBIGUOUS IMPUTATIONS:

rule of construction as to, 12, 13

what are questions for the judge, and what for the jury,

17

libels expressed in ambiguous language, 76-77

evidence as to meaning of, 278

if a particular meaning be ascribed to, by innuendo, it
must be adhered to, 277

ANAGRAM:

libel by rebus, or, 77

ANIMUS (see MALICE)

ANONYMOUS LETTERS:

showing such to a bona fide inquirer as to character of
person the subject of, 200

interrogatories as to authorship and publication of, 284
secondary evidence as to authorship of, 489

APOLOGY:

statutory plea of, and offer of, for libel in a newspaper,
252, 308

not to be filed without payment into court, ib.

must be inserted in a prominent part of the paper, ib.
plea of agreement to accept publication of mutual apolo-
gies, ib.

how damages to be assessed when jury find apology
insufficient, 309

excessive publication of apology, 335

apology or offer of, evidence as to in action for defama-
tion, 308

jury to decide as to sufficiency of, 309

defendant not bound to insert one dictated by plaintiff, ib.
apology a nullity without payment into court, ib.

agreement to apologise and pay costs as between attorney
and client, enforced by rule, 323-4

costs, where jury find amount paid into court sufficient,
but apology not satisfactorily proved, 309

at trial, and settlement of action, breach of faith as to,
by publishing a nullification of the apology, 339

APPLICATION:

of the slander or libel to the plaintiff, 25

it must be shown that the words apply to the plaintiff, ib.
where the charge is applied to one of several, 492

of the libel to the relator, must be clearly shown on
motion for criminal information, 491

the like on trial of indictment, or information, ib.

of libel, to the prosecutor, a question for the jury, ib.

APPORTIONMENT:

of damages where actions consolidated, 221

of costs where actions of libel consolidated, 323

ARCHITECT:

criticism on the buildings and works of, 153

ARMY:

defamatory reports against officers in, by military courts
of inquiry (see NAVAL AND MILITARY COURTS)