PAGE 310 .302-3 LARCENY (Continued)- Police Court, stealing or destroying information in When possession of servant determined, he may after- 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 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- Governor 176 Malice destroys privilege in petition 176 Intended to protect petitioners applying to Crown. 177 177 Bona fides necessary when matter otherwise libellous.. 181 Case, after closing, cannot put in evidence 488 Commons, House of, staying proceedings for publishing votes PAGE LIBEL (Continued)- May also be indicted 169 Criminal information, on application for Court in position of Defence for defendant, to shew that publication without his What sufficient defence to render conviction illegal 177 ... 188 Ex parte proceedings of Courts, publication of, privileged.... 172 177 Indictable offence, proceedings on charge of, may be pub- 178 Should ask Jury whether matter published bona fide.......... 185 Judges, acts, words, or writings of, in judicial capacity, privi- leged... 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 PAGE LIBEL (Continued)— Jurymen, acts, words, and writings of, in official capacity, privileged..... Magistrates, report of proceedings before, privileged, but 174 must act within jurisdiction. .172-3 Malice, proof of express 181 When libel privileged, proof of express malice must be given.... 181 Meaning of, in legal sense .181-2 To prove express malice may shew that libel untrue.... 182 be evidence of actual malice..... 182 When express malice shewn, defendant may prove state- 182 Judge to determine whether inference of malice repelled 183 .183-4 Members of Parliament not liable for statements in Parlia- ment (see Parliament)... .... 178 Memorial to Secretary of State privileged...... 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 But not, if enquiry carried on in private...... .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 effect.. 171 Party acting in good faith, in matter of business, having personal interest. 179 Privilege must result from right or duty.. .179-180 180 When privileged, must be proof of express malice ....181-2 186 What is privileged .187-8 Comments on acts of public men.. 184 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 575 179 Sessions cannot try...... Speech in Parliament, when may be published Trial, proper course at, in case of privileged communication.. 185 not true... ... 183 .169-170 What is libel..... LIQUOR- Selling without licence (see Excise offences)... .130 et sty |