CRITICISM OF AUTHORS, PUBLIC MEN, ETC.

Every person who publishes a book must be content to submit to the judgment of the public, and anyone is at liberty to criticise his work; but such right of criticism must be exercised fairly, and must stop short of statements which reflect injuriously upon the private life of the author, otherwise it will be libellous.

Any newspaper may fairly and candidly comment on public affairs or any kind of public entertainment, etc., or upon judicial proceedings-provided these are concluded, or upon the acts of public men, such as members of either House of Parliament, generals, judges, actors, etc. But such comment must not reflect injuriously upon the private lives of such persons, but should relate to acts done in their official or public capacity.

The public are, of course, equally at liberty to comment upon the above-mentioned matters, within the same limits.

REMEDIES FOR LIBEL OR SLANDER.

A person defamed has two remedies-first, he may lay an information subjecting the offender to a criminal prosecution; or, secondly, he may bring a civil action against him for the recovery of damages.

In the first case the gist of the offence is the tendency to provoke a breach of the peace on the part of the person libelled -by way of revenge; and there need be no publication (or communication) of the libel to a third person-communication to the party defamed being sufficient in case of criminal proceedings.

In the second instance, the plaintiff must show that he has suffered damage, in property or person, or both, at any rate before he can recover a substantial amount; and publication of the libel to some third person is essential.

DEFENCES, ETC., TO THE ACTION.

The defendant may notify the plaintiff in writing of his intention of so doing, when he delivers his plea, and may then give in evidence in mitigation of damages the fact that he offered an apology to the plaintiff for the libel before the action was begun, or as soon afterwards as he had an opportunity of so doing.

The truth of the matters charged will not amount to a defence unless it was for the public benefit that such matters should be published; and the defendant's plea must allege that it was for the public benefit that the matters charged should be published, and give his particular reasons.

If the action is against a newspaper or other periodical publication, the plea may state that the libel was inserted therein without actual malice and without gross negligence, and that, before the action was begun, or as soon as possible afterwards, the defendant inserted therein a full apology for the libel; and, on filing such plea, the defendant may pay money into court by way of amends for any injury sustained by the publication of the libel. Besides the above-mentioned plea of justification, the defendant may also plead "not guilty."

Money may now be paid into court in actions for libel as in all other actions, with the exception of malicious prosecution and seduction.

MALICE AN INGREDIENT IN LIBEL.

The presence of malice is essential to a libel, but where the circumstances under which the defamatory statement was made show no just excuse for uttering or writing such statement, or show that it was made otherwise than on a privileged occasion, the law will infer that the communication was malicious, and it will be for the defendant to rebut such inference.

PUNISHMENT FOR LIBEL.

Every person convicted of maliciously publishing a defamatory libel, knowing it to be false, is liable to imprisonment for not exceeding two years, and to pay such fine as the court shall award; for publishing any defamatory libel the punishment is by fine, or imprisonment not exceeding one year, or both. The above, of course, refers to cases where the offender is prosecuted in a criminal proceeding. A person who has incurred liability for damages and costs in a civil action for libel will not be discharged therefrom by the sequestration of his estate, but will still be liable to imprisonment for twelve months.

Licensed Publicans.

The law on the above subject is now embodied in the Liquor Act. In the present treatise it is only practicable to make brief mention of a few provisions which are of general interest, available space being insufficient to allow of more comprehensive treatment.

DEATH, MARRIAGE, LUNACY, ETC., OF LICENSEE.

In case of the death, lunacy, or insolvency of the licensee, the business may be carried on by an agent; and a provision is made for continuation of the business in case the licensee (being a female) marries, but a married woman living with her husband cannot hold a publican's license.

PUBLIC-HOUSES MAY BE ENTERED BY DAY OR: NIGHT.

Where there is reasonable cause for suspecting that unlawful or disorderly proceedings are carried on, or any breach of the said Act has been or is being committed in such houses, certain members of the police force, or any constable duly authorised by a magistrate, may enter, or may break in, if admittance be refused or unreasonably delayed.

ACCOMMODATION FOR CUSTOMERS.

Every public-house must contain (in addition to reasonable accommodation for the family of the licensee) at least two moderate-sized sitting-rooms and four bedrooms of certain prescribed dimensions before a license is granted for it; but in certain cases one sitting-room will suffice. Such accommodation must be maintained during the continuance of the license, and must be constantly ready and fit for public use.

OBJECTIONS TO LICENSES.

Objections to the granting of a license may be made personally or by petition to a Licensing Court or Licensing Magistrate as the case may be.

The objections may be made by—

1. Any three or more residents of the Licensing District in which the premises are situated.

2. The owner of the premises.

3. Any District Inspector, or member of the police in charge of the district or place in which the premises are situated.

4. Any person authorised by a District Inspector.

GROUNDS FOR OBJECTING TO LICENSE.

1. That applicant is a drunken or dissolute person, or otherwise of bad repute.

2. That the license has-within the twelve months preceding the date of the application-been cancelled.

3. That applicant has, within such a period as aforesaid, been convicted of selling liquor without a license, or of selling adulterated liquor.

4. That the premises lack the proper accommodation.

5. That the reasonable requirements of the neighbourhood

do not justify the granting of the license.

6. That the premises are in the immediate vicinity of a place of public worship, hospital, or school.

7. That the quiet and good order of the particular neighbourhood will be disturbed if a license is granted.

The same objections may be made to the renewal, transfer, or removal of a license; and any other objections may be made so long as they are not frivolous or vexatious.

TEMPORARY LICENSE IN CERTAIN CASES.

Where licensed premises are rendered unfit for carrying on business through fire, tempest, or other calamity, application may be made for a license to carry on business temporarily in some other premises for a period limited to six months, although such premises have not the prescribed accommodation.

NO PERSON MAY HOLD MORE THAN ONE

LICENSE.

The simultaneous holding of a beneficial interest (whether in the name of the holder or of some one else) in more than one liquor license is prohibited under penalty not exceeding £5 for every day such interest is held.

SELLING LIQUOR WITHOUT A LICENSE.

Any person who sells liquor without a license (unless he is the servant or agent of a licensee) is liable, for the first offence, to a penalty of not less than £30, nor more than £50 ; and for any subsequent offence to a penalty of £100, and (in the discretion of the Licensing Court or Justices) to from three to six months' imprisonment.

The offender also forfeits all liquor in his possession to the Crown.

GAMBLING IN PUBLIC-HOUSES.

Permitting gaming for stakes or any unlawful game on licensed premises will subject the licensee to a penalty of not exceeding £10 for the first and £20 for any subsequent offence. Servants or persons in charge of the premises conniving at the offence incur the same penalties.

MUSIC OR DANCING PROHIBITED.

To permit music or dancing in any room or part of the licensed premises, or the grounds thereof, is punishable by a penalty not exceeding £20; on a second conviction, same penalty and forfeiture of license. But this does not apply in the case of race, etc., balls, or balls for which a permit has been granted.

SUPPLYING DRINK TO DRUNKEN PERSONS.

Any licensee who supplies drink to any person at the time in a state of intoxication is liable to £2 to £5 penalty, and on a subsequent conviction to £10 to £20, and in the latter case to forfeiture of his license.

PROHIBITION AGAINST SUPPLYING DRINK TO

INEBRIATES.

On satisfactory proof being given a Licensing Court or Justices in Petty Sessions to the effect that any person by excessive drinking has so wasted his means, or is likely to impoverish himself to such an extent as to expose himself or his family to want, or seriously impair his health, such Court, etc., shall in writing forbid all persons licensed to sell liquor to supply such person with liquor for the space of one year. Such prohibition may be renewed from year to year in respect of such persons as have not reformed.

Any licensee who, after service of a copy of the prohibition upon him, or with knowledge of its existence, supplies such inebriate with liquor while the prohibition is in force, is liable to not exceeding £10 penalty, or to a proportionate term of imprisonment. Any other person giving, selling, purchasing, or procuring liquor to or for such inebriate, in defiance of the prohibition, is liable to a penalty not exceeding £5.

LODGERS' OR TRAVELLERS' GOODS PROTECTED.

No goods or chattels belonging to any lodger or traveller putting up at a public-house can be distrained or seized for rent due in respect of such house; if such goods are seized, any Police or Licensing Magistrate, or any two Justices in Petty Sessions, may order them to be restored to the owner, and enforce payment of costs by the person distraining or seizing them.

NO ACTION FOR LESS THAN TWO GALLONS OF

LIQUOR.

A licensee cannot maintain an action for or recover any debt or demand for any liquor sold or disposed of in any less quantity at one time than two gallons of the same liquor; except where such liquor has been lawfully sold or supplied to bonâ fide travellers or lodgers.

REFUSING TO PAY FOR LIQUOR.

Any person refusing to pay a reasonable sum for liquor at the time he is supplied with it, on demand by the licensee or his servant or agent, is liable to be dealt with as a rogue and a vagabond.