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, 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 Several takings may now be laid in indictment (see Continu- Taking must not be continuous act with severance, when But may be ground for application to Government...... 96 LAWLESS- Aggressions by subjects of foreign country at peace with Her 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- 176 Malice destroys privilege in petition 176 Intended to protect petitioners applying to Crown...... 177 Applies to public rights only 177 Bona fides necessary when matter otherwise libellous. Case, after closing, cannot put in evidence Commons, House of, staying proceedings for publishing votes of Comparison of disputed writing Libel may be proved by 181 488 177 188 188 LIBEL (Continued)- PAGE May also be indicted Criminal information, on application for Court in position of 169 Defence for defendant, to shew that publication without his authority 177 What sufficient defence to render conviction illegal ... 188 177 Indictable offence, proceedings on charge of, may be pub- 173 185 Should ask Jury whether matter published bona fide.. 174 Jury, what questions are for 170 When evidence of malice, extrinsic or intrinsic, jury 183-4-6 Cannot determine whether libel contained in official document 185 Can determine whether defendant honestly believed .185-6 LIBEL (Continued)- Jurymen, acts, words, and writings of, in official capacity, PAGE privileged...... 174 Magistrates, report of proceedings before, privileged, but .172-3 Malice, proof of express 181 When libel privileged, proof of express malice must be 181 Meaning of, in legal sense 181-2 To prove express malice may shew that libel untrue 182 182 Military officer, report by, in ordinary course of duty, privi- Open Police Court, proceedings of, on charge of indictable offence, may be published.... 173 Magistrate's Court, proceedings of, may be published..173-4 173-4 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 171 Party acting in good faith, in matter of business, having When privileged, must be proof of express malice ....181-2 Presumption of privilege in some cases conclusive 186 As to proceedings in Parliament and in Courts of Justice 186 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 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 182 183 not true... What is libel LIQUOR- Selling without licence (see Excise offences) 130 et seq |