General requisites of a complaint-Complaint for language concerning a person only-Inducement-Colloquium-Publication-Matter The answer corresponds to plea-What it must contain-Plea to part of a count-Answer of justification must give color, show a lawful occasion, and deny malice-Several answers-Defense of truth must be pleaded-How pleaded-Where the charge is general— Where the charge is specific-Certainty in statement of facts- Answer of justification bad in part, bad altogether-Mitigating Allegation of pleadings and proof should correspond-Variance in Proof of publication; of oral publication; of publication in writing; of defendant's liability-Opinion of witnesses as to meaning- Proof of inducement; of plaintiff's good reputation; of malice; to aggravate damages-Falsehood not evidence of malice-Other publications by defendant; subsequent publications; publication after commencement of action-Defendant's ill-will to plaintiff- Ill-will to plaintiff of persons other than the defendant-The pub- lication itself evidence of malice-Attempted justification an ag- What evidence is admissible depends upon what plea or answer is interposed-What may be proved under the general issue-Evi- dence to support a justification--Plaintiff's reputation in issue- Inquiry limited to plaintiff's general reputation, and to his reputa- tion prior to the publication complained of-Truth in mitigation -Conduct of plaintiff leading to belief in truth-Report or sus- picion of plaintiff's guilt in mitigation-Plaintiff's standing and condition in society-Prior or subsequent declarations of defend- ant-Heat and passion-Previous publications by the plaintiff- Controversies between plaintiff and defendant prior to the publica- Right of appeal to criminal tribunal-What is malicious prosecution— Distinction between malicious prosecution and false imprisonment -Essentials to a cause of action-Prosecution commenced-Ter- minated in favor of plaintiff-Conviction-Reasonable and proba- ble cause-Advice of counsel-Not guilt or innocence, but knowl- edge and belief of prosecutor, the question-Probable cause a WORKS OF REFERENCE. [For the convenience of those who may desire further information on the sub- TREATISE ON LIBEL. By Sir Thomas Mallett, Judge of the Queen's Bench, [In Marvin's Legal Bibliography, a treatise with a precisely similar title THE PEOPLE. Dedicated to Sir Francis Burdett, Bart. By an unlettered man. London. LAW OF LIBEL (ON THE), with strictures on the self-styled Constitutional ERSKINE'S SPEECH in the case of the King v. Williams, for publishing THE ENGLISHMAN'S RIGHT; or, a Dialogue between a Barrister at Law and JURYMAN'S TOUCHSTONE (THE); or, A full refutation of Lord Mansfield's A LETTER ON LIBELS AND WARRANTS. (Referred to, I Biographical MASSEY'S HISTORY OF ENGLAND. Vol. 2. As to Dowdeswell's Bill to make juries judges of the law in libel cases. SPEECH OF SIR ROBERT PEEL, in vindication of the House of Commons claim to publish its proceedings. London, 1837. A LETTER TO LORD LANGDALE on the recent proceedings of the House of Commons on the subject of privilege. By Thomas Pemberton, M. P. 2d ed. London, 1837. By OBSERVATIONS ON THE RIGHTS AND DUTIES OF JURIES in trials for FREE SPEECH. An oration by Daniel Webster, A. D. 1814. LECTURE ON THE LAW OF LIBEL. By James T. Brady, Esq. AN APOLOGY FOR THE FREEDOM OF THE PRESS. By the Rev. Mr. Robert Hall. London, 1821. BOLLAN ON THE RIGHT OF EVERY MAN TO THINK AND SPEAK FREELY. (Referred to Quincy's Massachusetts Reports, p. 270.) OF SLANDER AND FLATTERY. A sermon by Jeremy Taylor. ERSKINE'S SPEECHES on subjects connected with the Liberty of the Press. "DISCUSSION OF THE LAW OF LIBEL as at present received, in which its authenticity is examined; with incidental observations on the legal effect of Precedent and Authority." Pamphlet. London, 1785. Ascribed to J. W. Adair. SKENE ON CRIMES. 25th chapter of title 2-Of Famous Libels and Seditious Speeches. TRACT ON LIBEL. By Lord Bacon. Mentioned in the memoirs of T. Hollis, p. 169. [It is referred to in a note to T. Holt White's edition of Milton's Areopagitica, and the annotator adds: “My inquiries after this posthumous publication have been fruitless." Query. If the same tract as one entitled "Certain observations upon a Libel. By Lord Bacon, A. D. 1592," to be found in several editions of Bacon's works.] LORD SIDMOUTH'S CIRCULAR respecting libels. EARL GRAY'S SPEECH on the above circular. House of Lords, 1817. TINDAL'S CONTINUATION of Rapin's History of England as to Pulteney's Bill to prohibit the circulation of unlicensed newspapers. DOMESTIC ANNALS OF SCOTLAND. By Chambers. Vol. 1, p. 126. DODSLEY'S ANNUAL REGISTER. A. D. 1792. MR. STAMMER'S PAMPHLET on the case of Rex v. D'Israeli. [I have been unable to find a copy. It is referred to 1 Townsend's Modern State Trials, 260.] BACON'S ABRIDGMENT, tit. Slander, Courts Ecclesiastical. SHEPPARD'S ABRIDGMENT, tit. Libel. BLUE LAWS OF CONNECTICUT. OTTO THESAURUS. Vols. 3, 4. COOTE'S ECCLESIASTICAL COURTS, tit. Defamation. BURN'S ECCLESIASTICAL LAW, tit. Defamation. QUINCY'S MASSACHUSETTS REPORTS, A. D. 1761 to A. D. 1777. See pages: 260, 267, 270, 278, 309—Charge as to law of libel. Page 245-As to right of the court to commit for libel. Page 561-Discussion on the right of juries to judge of law and fact. ESSAI HISTORIQUE SUR LA LIBERTÉ d'ecrere chez les ancienes et au moyen age, sur la liberté de la press, &c., &c. Par G. Peignot. ENCYCLOPEDIA BRITANNICA, supplement; art. Liberty of the Press. JACOB'S LAW DICTIONARY, titles Justification, Court of Piepowders, Copia Libelli Deliberanda, Scandal. VINER'S ABRIDGMENT, tit. Good Behaviour. MCDOUGALL'S CASE, 3 Documentary History of New York, 534; cited 10 Abbott's Practice Reports, 170; and see Id. p. 169. FREEDOM OF WIT AND HUMOR. By Lord Shaftesbury, A. D. 1709. CONSIDERATIONS ON THE LAW OF LIBEL as relating to publications on the subject of religion. By John Search. Ridgway, 1833. [This pamphlet is referred to 11 London Law Magazine, 444. John Search is a fictitious name.] THE CRAFTSMAN, No. 281, vol. viii, p. 213. [Contains the reasons why the Commons would not agree to the clause which revived the old printing act, delivered at a conference with the Lords, 1695.] A DIGEST OF THE LAW CONCERNING LIBELS, containing all the resolutions in the books on the subject, and many MS. cases, &c., by a gentleman of the Inner Temple. 4to. London, 1765. To which is added a supplement containing considerable additions, by John Rayner, 1770. REASONS AGAINST THE INTENDED BILL for laying restraint on the Liberty of the Press. London, 1792. ESSAY ON THE LIBERTY OF THE PRESS. Richmond, 1803. LONDON QUARTERLY REVIEW. April, 1865. Libel and freedom of the Press. EDINBURG REVIEW. Review of George on Libel. Abuses of the Press, vol. 22. Review of Holt on Libel, 2d edition, vol. 27. French Law of libel, vol. 32. Libels on Christianity, vol. 58. WESTMINSTER REVIEW. Review of Mence on Libel, vol. 3. |