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PAGE

310

.302-3

LARCENY (Continued)-

Police Court, stealing or destroying information in
Possession obtained by trick

When possession of servant determined, he may after-
wards commit larceny (see Obtaining, etc., Fraudulent,

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Property, larceny cannot be committed of things not the

subject of

291

If property passes, can be no larceny...

297

If owner intends it to pass, it will pass, and no larceny

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Several takings may now be laid in indictment (see Continu-

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Taking must not be continuous act with severance, when

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Aggressions by subjects of foreign country at peace with Her
Majesty (see Aggressions).

LIBEL-

Action, when lies for against Corporation.

169

Affidavit in judicial proceeding is privileged

174

Bill of rights, principle of, applies to petition to Lieutenant-

Governor

176

Malice destroys privilege in petition

176

Intended to protect petitioners applying to Crown.
Applies to public rights only ...

177

177

Bona fides necessary when matter otherwise libellous..

181

Case, after closing, cannot put in evidence

488

Commons, House of, staying proceedings for publishing votes

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LIBEL (Continued)-

May also be indicted

169

Criminal information, on application for Court in position of

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Defence for defendant, to shew that publication without his
authority ....

What sufficient defence to render conviction illegal

177

... 188

Ex parte proceedings of Courts, publication of, privileged.... 172
House of Commons, staying proceedings for publishing votes
of......

177

Indictable offence, proceedings on charge of, may be pub-
lished...

178

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Should ask Jury whether matter published bona fide.......... 185

Judges, acts, words, or writings of, in judicial capacity, privi-

leged...

174

Jury, what questions are for.

170

When evidence of malice, extrinsic or intrinsic, jury
must determine privilege.

183-4-6

Cannot determine whether libel contained in official

document....

185

Can determine whether defendant honestly believed
truth of his statements...

.185-6

PAGE

LIBEL (Continued)—

Jurymen, acts, words, and writings of, in official capacity,

privileged.....

Magistrates, report of proceedings before, privileged, but

174

must act within jurisdiction.

.172-3

Malice, proof of express

181

When libel privileged, proof of express malice must be

given....

181

Meaning of, in legal sense

.181-2

To prove express malice may shew that libel untrue.... 182
Libellous expressions in a privileged communication may

be evidence of actual malice.....

182

When express malice shewn, defendant may prove state-
ment true

182

Judge to determine whether inference of malice repelled 183
When Jury decide .....

.183-4

Members of Parliament not liable for statements in Parlia-

ment (see Parliament)...

....

178

Memorial to Secretary of State privileged......

Military officer, report by, in ordinary course of duty, privi-
leged.....

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Open Police Court, proceedings of, on charge of indictable

offence, may be published...

173

Magistrate's Court, proceedings of, may be published..173-4

But not, if enquiry carried on in private......

.173-4

Parliament, Members of, not liable for statements in

178

Publication of debates in, privileged ..

178

Publication of speech in, with intent to injure, is unlawful 179

Report of proceedings in, may be published..

179

Personal libel, what is

.....

169

Petition to Lieutenant-Governor, when privileged (see Bill of

Rights)..

175

Plea, to information for

189

...

Police Court, when proceedings of, may be published (see

Court, Open, etc.) ..

173

Presumption that party intends what libel is calculated to

effect..

171

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Party acting in good faith, in matter of business, having

personal interest.

179

Privilege must result from right or duty..
Meaning of privileged communication

.179-180

180

When privileged, must be proof of express malice ....181-2
Proper course at trial, when communication privileged.. 185
Presumption of privilege in some cases conclusive ...... 186
As to proceedings in Parliament and in Courts of Justice 186
Defence, when not absolutely privileged

186

What is privileged

.187-8

Comments on acts of public men..

184

Proceedings in Courts of Justice, publication of, privileged

(see Courts, Judicial Proceedings)

171

Publication (see Joint, Action, Indictment, Obscene).

Public men, comments on acts of, privileged

184

Reports of Parliamentary proceedings, debates, etc., may be

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575

179

Sessions cannot try......

Speech in Parliament, when may be published

Trial, proper course at, in case of privileged communication.. 185
Truth of libel important in determining malice.... ..... 182
Question is whether defendant honestly believed it true 182
When material for plaintiff to prove that statements are

not true...

... 183

.169-170

What is libel.....
Witnesses, acts, words and writings of, may be published.... 174
Writing, comparison of disputed, with that proved genuine.. 188

LIQUOR-

Selling without licence (see Excise offences)...

.130 et sty

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