DISCOVERY-continued. by interrogatories (continued). as to the authorship and publication of an anonymous as to names of printers, where a bogus firm put as to names of witnesses, disallowed, when, ib. by defendant, in support of justification, ib. as to the circulation of the paper containing the as to defamatory rumours, to same purport as alleged as to previous publication of the libellous matter in letter containing libel in possession of third party by particulars (see PARTICULARS) by inspection and taking copies of the libel, 289 order for leave to take photographic copies may be defendant not usually allowed inspection of books, production of documents tending to criminate, 283 as to the contents of a written document not in the where libel destroyed, affidavit by plaintiff as to the official communications between public officers upon reports by Government officials to the Crown, or its communications between client and legal adviser, a pursuivant of the Heralds' College not within the DISCUSSION, FREE: privileges of as to the acts of the Government, &c, DISEASE: infectious or contagious, words imputing such, 26 F.S. T T DISHONESTY: imputations of in giving character of servant (see DISINHERISON: words tending to (see SLANDER OF TITLE) DIVORCE PROCEEDINGS: co-respondent offering reward for evidence, 407 DOCUMENTS: discovery of by inspection, taking copies, &c., 280 of State, privilege as to production of, 292 (and see DOMESTIC SERVANT: imputation upon of immorality, 42 (and see WOMEN, DOUBTFUL MEANING: rules of construction as to words of, 16 DRAMA: the productions of a dramatic author may be the subject DRAWING: libels by pictures and caricatures, 75 DRUNKENNESS: words of when actionable, 44 DUEL: criminal information granted against a solicitor for send- DUTY: as ground of privilege in making a defamatory communi- defamatory communications made in the discharge of absence of, either legal, social, or moral, renders the rule, where absence of any legitimate interest or duty, none, in a stranger, to communicate to ship-owner alle- communication conveying unfounded suspicion of felony, defence, that communication made in discharge of, 298 E. ECCLESIASTICAL COURTS: jurisdiction of, in suits for defamation abolished, 218, note (1) contempts in, how dealt with, 395 EDITOR: (See NEWSPAPER) EFFIGY: libel by burning in effigy, 434 by exhibition of wax figure, ib. (and see TYPICAL LIBELS) publication of libel through, 264 EPITAPH: libellous, of a deceased queen, 435 suggested epitaph, libellous of a deceased person, 438 ERROR: writ of, in criminal proceedings for libel, 522 respite of judgment pending application for writ fiat of the attorney-general must be obtained for, ib. EVIDENCE: plaintiff's proofs in slander and libel, 257 of special character and extrinsic facts, 257 of holding the office of justice of the peace, constable, of appointment of assistant overseer, ib. nature of evidence in support of general averment of proof of qualifications of solicitors, and others, ib. proof of qualifications of practitioners in medicine and medical register evidence of qualification for certain pur- but not exclusive evidence in actions for defamation, 260 rebutting evidence in support of character impeached, of publication (see PUBLICATION) of a libel, it must be proved that the matter charged is a libel, the libel should be produced at the trial, ib. libel or no libel as a question of fact for the jury, provisions of Libel Act (1792), ib. EVIDENCE-continued. of a libel (continued). practice of the courts as to, in civil as well as in direction to the jury, discretion of judge as to, 316 if jury find the matter charged is not a libel, verdict when judge may withhold case from jury, 318 of the application of the slander or libel to the plaitniff, and where the plaintiff is actually named in the libel, 276 the secret intent of the utterer immaterial, 278 the tendency of the libel, not the intention, is the when slander or libel is published in foreign lan- counsel not to comment on facts not proved, ib. of defendant's Malice (see MALICE) of Special Damage (see SPECIAL DAMAGE) discovery, in actions of slander and libel (see DISCOVERY) how affected by the R. S. C., 294 what was formerly available under the general issue, allegations of fact taken to be admitted, when, ib. to disprove publication by showing that he was the in libel of plaintiff in his vocation, defendant may so also for libel of plaintiff in his trade, defendant as in the case of a manufacturer of an article for that a fair report of proceedings publicly heard in a reports of proceedings at public meetings, ib. (see principles on which privileged communication rests. legal canon as to privileged communications, 297 EVIDENCE-continued. defendant's proofs (continued). what are questions of law for the judge and what of rule of law as to malice, 298 where the communication is made in discharge of communications in reply to inquiries as to the presumed that character given without malice, communications in vindication of character or in where plaintiff and defendant have both had recourse defendant cannot give evidence of libels upon him, when evidence of excess is given, ib. where an excess beyond the privilege the presump- but not so where the evidence of excess is capable of speculative opinions in books, as matter of defence, where the defence relied on is, that the communica- right of the jury to see the libel, 314 and 349 libel or no libel as a question of fact for the jury, 315 direction of the judge to the jury as to, 316 when verdict of jury will be set aside, 317 justification, evidence in support of, in civil proceedings, in mitigation of damages (see MITIGATION) for the prosecution in criminal proceedings for libel in support of indictment or criminal information, the question of publication is usually one of fact for county, publication within, necessary in criminal postmark, corroborative evidence as to, 484 what is evidence of publication in a particular writing a libel in one county and publishing in prima facie proof of publication, 486 |