character of the plaintiff. But he may answer by proving malice in fact. (Wright v. Woodgate, 2 C., M. & R. 573; Har. Crim. Law, p. 114.) Q. What must be proved on an indictment for libel? A. That the writing is libellous; the making and publishing of the writing. Merely writing or composing a defamatory paper never divulged is no libel; but a slight circumstance will constitute publication, e. g. communication, though only to a single person, and although it be contained in a private letter. Q. What protection is thrown over proprietors of periodicals in case of libel? A. The proprietor in defence may prove that the publication was made without his authority, consent or knowledge, and that the said publication did not arise from want of due care or caution on his part. (6 & 7 Vict. c. 96, s. 7.) Though the statute does not expressly say whether this is a complete defence, or only serves to mitigate punishment, it seems that it will completely rebut the prima facie presumption of publication. (Har. Crim. Law, p. 117.) Q.-What offence is it to publish a libel, and what is the act which refers to it, and what does it enact ? A.-It is a misdemeanor; and, by the provisions of 6 & 7 Vict. c. 96, it is enacted that if any person shall publish, or threaten to publish, any libel, or directly or indirectly propose to abstain from printing or publishing, or offer to prevent the printing or publishing, of any matter touching any person, with intent to extort any money, security for money, or valuable thing from such person or any other, or with intent to induce any person to confer or procure any appointment or office of profit or trust, he shall be liable to imprisonment, with or without hard labour, for a term not exceeding three years. Also, that if any person shall maliciously publish any defamatory libel, knowing the same to be false, he shall be imprisoned for a term not exceeding two years and pay such fine as the court shall award. And that if any person (though without such knowledge) shall maliciously publish any defamatory libel, he shall be liable to fine or imprisonment, or both, as the court shall award, such imprisonment not to exceed one year. (6 & 7 Vict. c. 96; 8 & 9 Vict. c. 75.) Offences against the Law of Nations. A. It is a system of rules established by universal consent among the civilized inhabitants of the world in order to decide all disputes, to regulate all ceremonies and civilities, and to insure the observance of justice and good faith in that intercourse which must frequently occur between two or more independent states and the individuals belonging to each; being founded upon this general principle, that different nations ought in time of peace to do to one another all the good they can, and in time of war as little harm as possible without prejudice to their own real interests; and, as none of these states will allow a superiority in the other, therefore neither can dictate or prescribe the rules of this law to the rest, but such rules must necessarily result from those principles of natural justice in which all the learned of every nation agree and to which all civilized states have assented. (4 Steph. Comm. p. 221.) Q.-Mention the principal cases in which the statute law of England interposes to aid and enforce the law of nations as a part of the common law. A. The principal cases are, in respect of offences, of three kinds: (1) violation of safe conducts; (2) infringement of the right of ambassadors, and (3) piracy; but cases under the first two heads are of very rare Occurrence. Q. What is the crime of piracy? A. The crime of piracy (or robbery and depredation upon the high seas) is an offence against the universal law of society; a pirate being, according to Sir Edward Coke, hostis humani generis. And consists in committing those acts of robbery and depredation which, if committed upon land, would have amounted to felony. Q. What is the punishment for piracy? A. Formerly, the punishment for most piratical offences was death. But it has been thought expedient to relax this severity, and now whoever shall be convicted of piracy is liable to be sentenced to penal servitude for life, or any term not less than five years, or to be imprisoned (with or without hard labour) for any term not more than two years. But whoever with intent to commit, or at the time of, or immediately before or after committing, the crime of piracy, shall assault with intent to murder, or stab, or wound, or unlawfully do any act by which the life of any person may be endangered, is liable to suffer death as a felon. (4 Steph. Comm. p. 226; 1 Vict. c. 88, ss. 2, 3.) if Q.-Is it an offence to deal in slaves? A. By statute 5 Geo. IV. c. 113, it is enacted that, any British subject, wherever residing, and whether within the dominion of Great Britain or of any foreign country, or in the colonies, shall (except in some particular cases therein specified) within the jurisdiction of the Admiralty knowingly convey, or assist in conveying, persons as slaves, or to be dealt with as slaves, or ship them for that purpose, he shall be deemed guilty of piracy, felony and robbery. Offences against Trade. Q. What is the offence of smuggling? A.-Smuggling is the importing or exporting either (a) goods without paying the legal duties thereon, or (b) prohibited goods. The 16 & 17 Vict. c. 107, contains chiefly the existing law on the subject, and by it forfeiture of the goods which have in any way been the subject of smuggling practices is declared, certain pecuniary penalties are also imposed, and every person found on board a ship liable to forfeiture by any act relating to the customs may be subjected to imprisonment; and it is a felony for three or more persons to assemble armed for the purpose of aiding in the illegal landing, running or carrying away of prohibited goods, or goods liable to unpaid duties, or to rescue such goods after seizure, or to rescue any person apprehended, or prevent the apprehension of any person for a felony under that act; the punishment in all these cases is penal servitude from fifteen years to life, or imprisonment not exceeding three years. There are also several minor offences there mentioned, for which the student is referred to the act itself. And, lastly, all proceedings for offences relating to the customs must be commenced within three years from the date of the offence. Q. What acts are, by the Debtors Act, 1869, declared to be misdemeanors ? A.-Any person adjudged bankrupt or against whom a receiving order has been made and any person whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869, shall, in each of the cases following, be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned for any time not exceeding two years, with or without hard labour, that is to say 1. If he does not to the best of his knowledge and belief fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expenses of his family, unless the jury is satisfied that he had no intent to defraud. 2. If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that he had no intent to defraud. |