CRITICISM-continued. exaggerated, not necessarily unfair, 79. fair and bona fide, what is, 78. on matter of public interest not privi- functions of judge and jury in regard to, 80. must be on actual fact, 82. on administration of public institutions, 85. on advertisements, 86. on anything which invites public attention and criticism, ibid. on architecture, 85. on art, ibid. on authors, ibid. on books, 80, 85. on conduct of public men, 83, 84. on ecclesiastical matters, 84, 85. on government, 83. on judicial proceedings, 84. not allowed till proceedings terminate, 77, 164. on legal matters, 84. on literature, 80, 85, 86. on local affairs, 85. on Parliament and committees thereof, 83. on places of public amusement or entertainment, 85. DAMAGE, presumed in libel on proof of publication, 18. special, must be proved in slander, except in four cases, 19. DAMAGES, assessment of, and apportionment of costs in consolidated evidence in aggravation of, for plaintiff, 150-154. mitigation of, evidence for defendant in, 154–158. DEAD, libel on the, not actionable, 169. DEATH, criminal proceedings for, ibid. of plaintiff or defendant, before verdict, effect of, 149. DEBATES, at meeting of board of guardians, report of, when privi- at meeting of local authority, reports of, when privileged, at public meeting, report of, when privileged, 109. DEBATES-continued. at school board meeting, reports of, when privileged, 116, comments on, when allowed, 77, 83-85. in Parliament, reports of, when privileged, 108, 109. in county council meeting, reports of, when privileged, 117, reports of, when privileged, 87, 95, 108, 109, 116-117, 119. DEFAMATORY WORDS, actionable when published, 3, 14. criminal proceedings for publication of, 169-171. in certain cases not actionable in the interests of public what are, 5-13, 169. DEFENCE, to an action, what is, 71. accord and satisfaction, 145. apology, 144. death of plaintiff or defendant, 149. fair and bona fide comment on a matter of public in- justification, 72-76. master's commands no defence, 16-17, 57-58, 187— 188. previous action, 146. privilege, 86-138. release, 146. Statute of Limitations, 147. that words are not libellous, 3, 71, 185. that there has been no publication, 14, 71, 181-182, 185. to criminal proceedings, what is, 184-185. fair and bona fide comment on a matter of public in- privilege, ibid. that publication was made without the authority or that there has been no publication, 181-182, 185. that words do not relate to the complainant, 169–170, DEFENDANTS, joint, no contribution between, or indemnity to, 52. DELIVERY, of libel to third person, when a publication, 14-18, 181–182. DESTRUCTION, of obscene books or pictures by magistrate's order, 180. DIRECTORS, report of meeting of board of, not privileged, 118. DISCOVERY, of author of libel, 56, 57. of printer, 56, 192. of proprietor, 54, 192, 193, DISEASE, infectious or contagious, words imputing, actionable per se, DISTRIBUTOR, of newspaper containing a libel, liability of, 57, 182. DIVISIBLE, when libel is, defendant can justify one part and admit ECCLESIASTICAL MATTERS. See CLERGY. fair and bona fide comments on, no libel, 84, 85. EDITOR, cannot be compelled to discover name of author, 57, 215. command of employer no defence to, 55, 56. duty of, 116. liability of, for libel in newspaper, 55, 56. proprietor for acts of, 54, 55. no prosecution against, without judge's order, 182-184. EFFIGY, may be a libel, 5. EMPLOYER, liability of, to an action, 54 et seq. to criminal proceedings, 187 et seq. ENEMY, ALIEN, cannot sue here, 65. ENTRIES, copies of, in register of proprietors to be evidence, 192, 193, EVIDENCE, copies of entries in register to be, 192, 193, 242. in aggravation of damages, 150-154. in mitigation of damages, 154-158. on hearing before magistrates, 171-176. of person proceeded against criminally, and husband or improper admission or rejection of, ground for new trial, EXAGGERATION, if there is, plea of justification will fail, 73. EX OFFICIO, criminal information, what is, 177. procedure on, ibid. EX PARTE PROCEEDINGS, extracts from parliamentary reports, when privileged, 96, registers kept pursuant to statute, 107. reports of, privileged, 104. FAIR AND ACCURATE REPORT. See REPORT. FAIR COMMENT. See COMMENT. FALSITY, of words presumed in action for libel, 45. FELONY, imputation of, actionable per se, 25-27. FINE, for not making annual returns required by Newspaper for publishing indecent advertisement, 247. for publishing libel, 169. on summary conviction by magistrates, 176. FORMER PUBLICATION, of same libel by others, no defence, 157. when admissible in evidence, ibid. FOX'S LIBEL ACT (32 Geo. 3, c. 60), 189, 190, 221, 222. GAMEKEEPER, slander on, 36. GENERAL BUSINESS, LOSS OF, when sufficient to support action of slander, 22. GESTURES, may be a slander, 4—5. GOOD CHARACTER, of plaintiff, evidence of, when admissible, 151–152. GOODS, SLANDER OF, what is, 44. what plaintiff must prove in action for, 45. GOVERNMENT, everything concerning, may be criticised, 83. notices and reports, publication of, when privileged, 119. GUARDIAN AD LITEM, infant defends by, 65. when liable for costs, ibid. GUARDIANS, fair and bona fide comment on proceedings of, no libel, 85. HANDBILL, of tradesman, may be commented on, 86. HANDWRITING, prima facie publication of libel, if manuscript in defen- HEADING, of article may be libellous, 72, 73, 106, 107. HUSBAND, and wife, joinder of, in actions, 61. liability of, for wife's libel or slander, 62, 63. of person charged with crime of libel competent but not IMPRISONMENT, for publication of libel, 169, 230. for threatening to publish a libel, 230. INDECENT ADVERTISEMENTS, 180, 181, 247. INDECENT MATTER, publication of, in report of judicial proceedings, not privi- or in report of public meeting, 109. |