possible, with a view to its use as a reliable authority on the law of Slander and Libel in the hands of the practitioner. And, with that object, after diligent research, collation, and arrangement of the cases subsequent to the edition by Mr. Starkie, the author, in dealing with that long current of judicial decisions, had in his first edition an exceedingly difficult and laborious task; but, adopting the same course with this as with his several preceding editions, viz., that of a careful study of the facts as well as the judgments in each particular case, and group of cases, and of the principles involved therein, he trusts that the result of such his studies, research, and arrangement, as now further set forth in the present edition, may be found as acceptable to the practitioner as, he has reason to believe, were those of his preceding editions. It should however be observed, with regard to that wide and important branch of the subject known as "privileged occasion," that, even at the present day, cases occasionally arise which involve questions so abstruse and difficult of application, that they are still left in uncertainty by reason of the conflict of judicial opinion some of those questions, therefore, still remain open for decision by a Court of final appeal. And so also with regard to the subject "fair comment," which, since the Newspaper Libel Acts, has been fruitful of considerable litigation; cases on the subject presenting new and various phases: but, it appears, that in the absence of any settled principle of law, the question as to what is "fair comment" is one for the jury to decide (under the direction of the presiding judge) with reference to the circumstances and occasion of the publication. The law of Defamation, in so far as it is founded upon the Common Law of the land, is one of the most scientific branches of the English law; and until a comparatively recent period, was almost untouched by legislative enactment. At the period when Mr. Starkie wrote, the only enactments relating to the subject were, two statutes for the suppression of blasphemy and blasphemous publications, and the Libel Act of 1792, then known as "Mr. Fox's Libel Act"; the latter being chiefly declaratory of the law as it then existed. Since that period several enactments relating to the law of Defamation have been placed upon the Statute book notably, The Act of 1840 for the protection of persons employed in the publication of Parliamentary papers; The Libel Act of 1843, and that of 1845 for amending the same; The Act of 1855 for abolishing the Jurisdiction of the Ecclesiastical Courts of England and Wales in suits for Defamation; The Obscene Publications Act, 1857; The Newspaper Libel Acts, 1881 and 1888; The Indecent Advertisements Act, 1889; The Slander of Women Act, 1891; and The Corrupt and Illegal Practices Prevention Act, 1895; all which have become law since Mr. Starkie's original Treatise. The purport and effect of these several enactments, together with the cases decided thereon, are embodied in the text of this edition: and verbatim copies of those statutes will be found in the Appendix. In the edition immediately preceding this one, considerable additions were made in the Criminal Division of the work; amongst which were notes of several important cases that were not in either of the previous editions; particularly some relating to seditious libels, and libels on the Government and Ministers of the day, no traces of which were to be found in any of the law reports; but which were then added from the author's notes of his researches amongst the Crown Office Records at the Rolls Office. In preparing a new edition of a work of this kind, those only who have conscientiously performed a similar undertaking can fairly estimate the amount of toil, research, and careful condensation involved in the task. In this, however, as in the preceding editions, whatever faults, errors, and failings there may be, the author is alone responsible for them. H. C. FOLKARD. 4, PUMP COURT, TEMPLE, LONDON, January, 1908. |