inquiry certain written statements affecting B, which are false to A's knowledge, and are intended to injure B. This is not a libel. (4.) A being the military superior of B, and being as such under a military duty to make a report on B's conduct to C, their common superior, makes a report which he knows to be false in order to injure B. The report is not a libel. ARTICLE 302. FAIR REPORTS OF PROCEEDINGS OF COURTS. 2 The publication of a fair report of the proceedings of a Court of Justice is not a libel, merely because it defames the character of any private person; but such a publication may be an offence under Articles 96, 103, 179, or 191. A report is said to be fair when it is substantially accurate, and when it is either complete or condensed in such a manner as to give a just impression of what took place, but this Article does not extend to comments made by the reporter, or to reports of observations made by persons not entitled to take part in the proceedings. Reports of ex parte proceedings are within this Article if they are of a judicial nature, and proceedings before a magistrate under 11 & 12 Vict. c. 42, held with open doors, and with a view to the committal for trial of a suspected person, are judicial. Provided in all the cases aforesaid that the publisher is not actuated in making the publication by any indirect motive. Illustrations. (1.) A publishes in a newspaper a fair report of the examination of a debtor before the registrar of a Bankruptcy Court. 1 Dawkins v. Lord Paulet, 1869, L. R. 5 Q. B. 94. Dissentiente Cockburn, C.J. I should doubt whether this law would be extended beyond the case of military duty. 2 Curry v. Walter, 1796, 1 B. & P. 525; Hoare v. Silverlock, 1850, 9 C. B. 20; Lewis v. Levy, 1858, E. B. & E. 553. Usill v. Hales, 1878, 3 C. P. D. 319. 3 Stevens v. Sampson, 1879, 5 Ex. D. 53. 4 Ryalls v. Leader, 1866, L. R. 1 Ex. 296, 300. The examination contains irrelevant statements defaming B, who is a stranger to the proceedings. This is not a libel on B. (2.) A having been convicted of publishing a blasphemous libel, B publishes the trial, the blasphemous matter being given in full. B publishes a blasphemous libel. (3.) 2 A publishes a report of proceedings for perjury against B, and omits certain parts of the cross-examination of the witnesses. This raises a question for the jury whether the effect of the omission is to make the report partial and inac curate. 3 (4.) A, in the last illustration, begins his report with an account of the proceedings out of which the charge of perjury against B arose, and observes, "Evidence was given by C and D which entirely negatived B's story." This statement is not within the Article. 4 (5.) A publishes in a newspaper an account of proceedings before a magistrate against B. The report contains a statement by the magistrate's clerk that B's alleged conduct was exceedingly improper under any circumstances. This observation is not within this Article. 5 (6.) A publishes a fair report in a newspaper of a proceeding against B for perjury at a police court, which proceeding ended in the dismissal of the charge against B. This publication is not a libel. (7.) A publishes in a newspaper a fair report of statements of a defamatory kind, made before a magistrate extra-judicially, with a view to asking his advice. This publication may be a libel, as there is no judicial proceeding. ARTICLE 303. PUNISHMENT FOR LIBEL. 7 Every one is liable to three years imprisonment and hard labour who (a.) publishes, or threatens to publish, any libel; or (b.) directly or indirectly proposes to abstain from, or offers 1 R. v. Carlisle, 1819, 3 B. & A. 167. 2 Lewis v. Levy, 1858, E. B. & E. 551. 3 Lewis v. Lery, 1858, E. B. & E. 539. + Delegal v. Highley, 1837, 3 Bing. N. C. 960, 961. 5 Lewis v. Levy, 1858, E. B. & E. 537; see, on the other hand, Duncan v. Thwaites, 1824, 3 B. & C. 556. 6 McGregor v. Thwaites, 1824, 3 B. & C. 24. 76 & 7 Vict. c. 96, s. 3. to prevent the printing or publishing of any matter or thing touching any other person, with intent (i.) to extort any money, or security for money, or any valuable thing from such or any other person; or (ii.) to induce any person to confer or procure for any person any appointment or office of profit or trust. 1 Every one is liable to two years imprisonment, and to pay such fine as the Court directs, who maliciously publishes any defamatory libel knowing it to be false, 2 or [if he does not know it to be false], to one year's imprisonment, and to pay such a fine as the Court may direct. 16 & 7 Vict. c. 96, s. 4. 2 Ibid. s. 5. The words bracketed are not in the Act, but are required to complete the sense. *PART VI. 1 OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS ARISING OUT OF CONTRACTS. CHAP. XXXIV.-PROPERTY-Pos- CHAP. XLII.-FRAUDS BY AGENTS, ASPORTATION--BAIL SESSION TRUSTEES, AND OFFICERS OF CHAP. XLIII.-RECEIVING. CHAP. XLIV. FORGERY IN CHAP. XLV. PUNISHMENT OF CHAP. XLVI. 1 CHAPTER XXXIV. PROPERTY-POSSESSION-ASPORTATION-BAILMENT. ARTICLE 304. OFFENCES AGAINST RIGHTS OF PROPERTY AND RIGHTS ARISING OUT OF CONTRACTS. THE violation of rights of property, and rights arising from contracts, is a crime in the cases specified in this part. 3 Hist. Cr. Law, ch. xxviii. 121-176. 1 This and the following chapter have, I fear, a somewhat abstract appearance, but it is impossible to understand the provisions of the Larceny Act without a knowledge of the doctrines which it presupposesthat is to say, the doctrine as to the definition of theft, and as to things R to prevent the printing or publishing of any matter or thing touching any other person, with intent (i.) to extort any money, or security for money, or any valuable thing from such or any other person; or (ii.) to induce any person to confer or procure for any person any appointment or office of profit or trust. 1 Every one is liable to two years imprisonment, and to pay such fine as the Court directs, who maliciously publishes any defamatory libel knowing it to be false, 2 or [if he does not know it to be false], to one year's imprisonment, and to pay such a fine as the Court may direct. 16 & 7 Vict. c. 96, s. 4. 2 Ibid. s. 5. The words bracketed are not in the Act, but are required to complete the sense. |