The Law of Literature: Reviewing the Laws of Literary Property in Manuscripts; Books, Lectures, Dramatic and Musical Compositions; Works of Art, Newspapers, Periodicals, &c.; Copyright Transfers, and Copyright and Piracy; Libel and Contempt of Court by Literary Matter, Etc, Volume 1J. Cockcroft, 1875 |
From inside the book
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Page xiii
... Malice , 138-140 Words sounding in disability , 141 Slanderous words of a lawyer , 143 Attacks upon persons of a particular calling , generally , 144 Open and general charges , 150 Charge of having committed a crime , 152-157 Or of ...
... Malice , 138-140 Words sounding in disability , 141 Slanderous words of a lawyer , 143 Attacks upon persons of a particular calling , generally , 144 Open and general charges , 150 Charge of having committed a crime , 152-157 Or of ...
Page 31
... malice or a mis- information as to the authority of the proceeding . " And so also a publication in a suit reflecting on a court engaged in trying a suit , or upon the witnesses , parties , or jurors , will be construed as non ...
... malice or a mis- information as to the authority of the proceeding . " And so also a publication in a suit reflecting on a court engaged in trying a suit , or upon the witnesses , parties , or jurors , will be construed as non ...
Page 38
... Malice is a necessary ingredient in the crime ; and were it not that our law implies malice wherever anything unlawful is done willfully or intentionally , whatever the motive which prompted the action , this consideration might help us ...
... Malice is a necessary ingredient in the crime ; and were it not that our law implies malice wherever anything unlawful is done willfully or intentionally , whatever the motive which prompted the action , this consideration might help us ...
Page 66
... malice and tend to create disturbance , quarrels , and revenge between them , their families and kindred , and disturb the public peace ; and the law reckons it a greater offense when the libel is pointed at persons in a public capacity ...
... malice and tend to create disturbance , quarrels , and revenge between them , their families and kindred , and disturb the public peace ; and the law reckons it a greater offense when the libel is pointed at persons in a public capacity ...
Page 100
... malice . For libel , in common acceptation , signifies written slander ; and the term slander , and all its synonyms , as defamation , detrac- tion , calumny - even without the epithets malicious and inju- rious - imply falsehood and malice ...
... malice . For libel , in common acceptation , signifies written slander ; and the term slander , and all its synonyms , as defamation , detrac- tion , calumny - even without the epithets malicious and inju- rious - imply falsehood and malice ...
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Other editions - View all
Common terms and phrases
Abraham Newland abridgment action alleged appears Bing blasphemous libels blasphemy called character charge Christianity committed common law composition considered contained contempt of court copy courts of equity courts of justice criminal damages defamation defamatory defendant doctrine England entitled equity false grand jury Griffith Gaunt guilty held imprisonment imputation indictment injunction injury innocent intention Johns judge judgment king labor letter lished literary property lord chancellor Lord Eldon Lord Ellenborough malice manuscript matter means ment morals Mumler newspaper obscene offense opinion original paper party person picture piracy plaintiff post-office postage postmaster postmaster-general principle printing and publishing privileged proceedings produced proprietor protection publication punishment question religion restrain rule scandalous seditious libel Shortt Slander and Libel statute thereof tion Townshend on Slander trial Wend words writing written
Popular passages
Page 190 - ... in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a temperance, that may give it smoothness. O, it offends me to the soul, to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of the groundlings...
Page 138 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death, I do it of malice, because I do it intentionally and without just cause or excuse.
Page 65 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it...
Page 74 - AN ACT FOR PREVENTING THE FREQUENT ABUSES IN PRINTING SEDITIOUS, TREASONABLE AND UNLICENSED BOOKS AND PAMPHLETS, AND FOR REGULATING OF PRINTING AND PRINTING-PRESSES (14 Car.
Page 208 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty...
Page 321 - The second way is that of paraphrase, or translation with latitude, where the author is kept in view by the translator, so as never to be lost, but his words are not so strictly followed as his sense, and that too is admitted to be amplified, but not altered.
Page 100 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 208 - 'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made,' " and Lord Lindley in Stuart v.
Page 79 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.
Page 289 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.