a man believes in its truth-duty of a person who assumes
to be a public commentator-information given without
malice is privileged-Mr. Justice Lindley's opinion as to
what would be the effect of holding otherwise-person not
authorised in saying outside a meeting what he may as a
member of a public body say at it—a libellous speech of a
member of Parliament circulated outside the House is
actionable-not if he repeat it bonâ fide to his constituents

case of a letter to Privy Council or a slanderous libel

being exhibited held protected-if occasion is privileged a

bonâ fide belief and honesty of purpose will exempt-where

on such an occasion malice is not affirmatively shown no

case to go to jury-privilege must be used fairly-where

judge rules there is privilege did person act from a sense of

duty-presumption is in his favour-burden of proof on

plaintiff what are privileged reports - every report of

proceedings in Parliament-in a Court whether it has

jurisdiction or not, or admits irrelevant matter or not-

though individuals often suffer by publication, still public

benefits therefrom-must be a fair report-not garbled and

not verbatim—but a substantially fair account-remarks

and personal comments inadvisable trade society entries

and publications protected — any omission may imply

malice-blasphemous or indecent matter not protected-

bona fide characters given to servants unless malicious or

volunteered are privileged-cases on that point-State

papers and other privileged documents-cases on point-

where public service requires secrecy not produced-rule is

if the public service requires their non-production they are

privileged-case of Pope Hennessy v. Times, etc., etc. 146

-

CHAPTER XIII.

Responsibility of the vendors of newspapers-if making a profit
by sale of a libellous paper they are liable for publishing-
Lord Esher's opinion as to their liability if they knew
what was in the paper-Lord Justice Bowen's opinion-
old case of a bookseller selling a classical book ignorant of

TABLE OF CONTENTS.

xxvii

its contents Mr. Justice Stephen held the printer who set up the type was liable in case of the Freiheit—what is an unlawful meeting-a definition thereof, etc., etc. . 172

CHAPTER XIV.

The magistrate may receive evidence of the truth of criminal libel, of its being for the public interest, and of its being a fair and accurate report, and if it is trivial may dismiss the case, or if there is no strong probable case to go to a jury-he may also try the case if defendant elects, and impose a fine not exceeding £50-prosecutor can be bound to prosecute, but must bear all costs of futile proceedingsthese proceedings under Act of 1881-clause of Act. 176

CHAPTER XV.

Under the 12th section of Act of 1888 several libel actions may be consolidated if for one and the same libel, and all tried together, and the defendants so electing the jury shall assess the damages upon each case where several actions were taken-case where sixteen were actually instituted-Colledge v. Pike for the same libel-clauses of Act-a most useful and beneficial statute-future effect of the Act upon bogus and vexatious actions-several defendants may be joined, the several causes consolidated, one common verdict returned and evidence given of previous verdicts for same libel-useful to papers copying a libel one from another or being supplied with it from a common sourcesec. 7 deals with indictments for obscene libels and requires that the obscene passages may not be set up but referred to and pointed out particularly and the book deposited with the marked passages-words of a section of the Act-the order of a judge instituted for fiat of the public prosecutor in England or attorney-general in Ireland -order to be made henceforth in chambers or notice to other side who can attend by counsel if advised and resist -words of section-doubtful if the order of the judge can

be appealed from-wife giving evidence-a wife in a criminal prosecution for libel is henceforward to be a competent but not compellable witness-the application of the Act restricted to England, Wales and Ireland-not Scotland-the title of the Act.

178

CHAPTER XVI.

The text of the Act

186

CHAPTER XVII.

The registration of newspapers-the printer and publisher obliged to furnish a return before 31st of July of the paper -Act loosely worded-definition of a paper not plain-defect in not requiring a compulsory registration of ad interim changes- -or obliging a newspaper company to registerBaron Pollock's description of the effect of the Act-a brief historic summary of the Press Acts passed restricting the price, size, and publication of papers imposing advertisement tax and duty on every copy-all abolished— giving full liberty to any one to start a paper or printingoffice-only obliging him now to register the newspaperimprint required for all printed works-penalty for neglect -certain exceptions-the Corrupt Practices Act requires the name of every printer to be put to every bill respecting an election, and visits neglect with a severe penaltyannouncing that a candidate did retire who did not looked upon as an illegal practice and punishable as such file copies must be preserved of all papers for at least six months after publication-all these prosecutions must be in the name of the Attorney-General-a statutory definition of a newspaper-particulars to be registered— title of paper--names of all the proprietors-who is the proprietor-representative proprietors-a few may register under sec. 7 for convenience sake-no registration of a company-the occupation of the proprietor-when returns must be furnished-permissive registration provided for

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xxix

-the person who is to register-printers and publishers,
penalties incurred for breaches-entries in registy to be
evidence of proprietorship in Court-prosecutions are to
be before any court of summary jurisdiction and not
necessarily by a public informer-forms supplied from the
office-cases under the Act-case where locality of offence
of non-registration was decided-case where a paper ceased
which was not registered though existing in July—Irish
case of R. v. Harrington—a judicial review of the law of
registration postage regulations as to the despatch of news-
papers by post-what is a supplement to a newspaper-
registration at the Post Office for transmission by post-
conditions to be settled by Postmaster-General-no writing
or any other written matter is to be put inside a newspaper, or
it will be charged treble postage and sender liable to prosecu-
tion-restrictions on advertising stolen property-illegal to
offer a reward without inquiry as to the thief-power too
wide and unrestricted—the publishing of betting notices
illegal - lottery advertisements except Art Union ones
illegal-copyright—the power of the press

190

APPENDIX.

The full text of Lord Campbell's Act (6 & 7 Vic. c. 96)—31 &
32 Vict. c. 96—the Newspaper and Registration Act, 1881
(44 & 45 Vic. c. 60)

214

Recent cases respecting the privilege of a medical report and
contempt of Court

226

PRINCIPAL STATUTES QUOTED AND REFERRED TO.

1 Ed. 6, c. 1.

1 Eliz.

12 Eliz.

23 Eliz. c. 2.

3 James 1, c. 21.

13 & 14 Chas. 2, c. 33.

9 & 10 Wm. 3, c. 32.

8 Anne, c. 19.

10 Anne, c. 19. 12 Geo. 2, c. 36. 23 Geo. 3, c. 160. 32 Geo. 3, c. 60.

39 Geo. 3, c. 79.

41 Geo. 3, c. 107.

53 Geo. 3, c. 16.

54 Geo. 3, c. 156.

60 Geo. 3,

1 Geo. 4, c. 8. 4 Geo. 4, c. 60.

4 Geo. 4, c. 98.

6 Geo. 4, c. 119.

3 & 4 Wm. 4, c. 23. 6 & 7 Wm. 4, c. 66.

9 & 10 Wm. 4, c. 2.

1 Vict. c. 36.

3 & 4 Vict. c. 96.

5 & 6 Vict. c. 45.

6 & 7 Vict. c. 96.

8 & 9 Vict. c. 74.

9 & 10 Vict. c. 48. 14 & 15 Vic. c. 100. 16 & 17 Vic. c. 119. 20 & 21 Vic. c. 83. 22 & 23 Vict. c. 17. 24 & 25 Vict. c. 96.

31 & 32 Vict. c. 96. 31 & 32 Vict. c. 110. 32 & 33 Vict. c. 24.

33 & 34 Vict. c. 65.

33 & 34 Vict. c. 79.

37 Vict. c. 15.

40 & 41 Vict.

42 & 43 Vict. c. 49.

44 & 45 Vict. c. 19.

44 & 45 Vict. c. 60.

52 & 53 Vict. c. 96.