CRIMINAL PLEADINGS,

precedents of, 673-687.

CRITIC,

duties of, 34, 35.

CRITICISM,

right of, 32-52.

distinguished from defamation, 33, 34.
of public men and institutions, 36–47.
must be fair and bonâ fide, 38, 39.

on public entertainments, &c., 49, 50.

of books, pictures, and architecture, 48, 49.
ridicule of author permitted, 49.

CROSS-EXAMINING "TO CREDIT," 320, 546, 573.

CROWN CASES RESERVED,

Court for consideration of, 606.

CRUELTY,

charge of, libellous, 22, 37.

“CUCKOLD,” 86.

CUSTOM,

loss of, as special damage, 298, 302, 303.
evidence as to loss of, 307, 309.

of London, as to charge of whoredom, 60, 86.

CUSTOMERS,

complaints by, privileged, 231.

D.

DAMAGES,

general and special damage defined, 291.

I. General damages, 293.

different kinds of, 294, 295.

amount of, is a question for the jury, 293, 296, 579, 583.

when presumed without evidence, 293, 294.

must be assessed once for all, 295, 579.

costs should not be considered in assessing, 296, 579.

excessive, 296, 581, 583.

loss of custom, 294, 303.

evidence of, 570.

II. Special damage where the words are not actionable per se, 297.

what constitutes, 297, 298.

must be pleaded and proved, 297, 302.

what a sufficient allegation of, 302.

loss of individual customers, 303.
diminution in profits, 303, 304.
subsequently arising, 306.

III. Special damage where the words are actionable per se, 306.

what may be considered in assessing, 307.

subsequent to action, 308.

DAMAGES-continued.

IV. Evidence for the plaintiff in aggravation of damages, 309.
what admissible as, 309, 310.

extensive publication, 159, 161, 230, 243, 286, 309.
plaintiff's good character, 310.

V. Evidence for the defendant in mitigation of damages, 312.
(i.) Evidence falling short of a justification, 312.

justification of part of the libel, 176, 312.
(ii.) Previous publications by others, 174, 313, 314, 577.
(iii.) Liability of others, 157, 315, 420, 576.

other actions, not to be considered, 158, 316, 547, 577.
(iv.) Absence of malice, 317, 318.

(v.) Evidence of plaintiff's bad character, 320, 321, 577.
(vi.) Absence of special damage, 322.

(vii.) Apology and amends, 322-324, 541.

VI. Remoteness of damages, 325.

damage must be the direct result of defendant's words, 326.

damage caused by the act of a third party, 328.

not essential that such third party should believe the charge, 329.

third person compelled to repeat defendant's words, 330.

damage caused by repetition of a slander, 331.

husband and wife, 335.

damage must have accrued to the plaintiff himself, 335.

jurisdiction of Ecclesiastical Courts abolished, 17, 61, 88, 722.

DEFAMATORY WORDS,

defined, 1, 17.

classified, 17-92.

what are not in their nature, 89-92.

DEFAULT,

judgment by, 526.

"DEFAULTER,” 20, 27.

DEFENCE, 534-543.

that words are not defamatory, 635–640.
justification, 170-180, 538, 641-643.
privilege, 181, 537, 643-652.

absolute privilege, 184-196, 643, 644.

qualified privilege, 197–268, 644—652.

infancy, no defence, 405.

insanity, no defence, 406.

drunkenness, no defence, 655.

master's commands, no defence, 410.

instructions for, 532.

traverses, 633.

objections on points of law, 536, 634.

accord and satisfaction, 540.

Statute of Limitations, 520, 540, 653.

previous proceedings, 521, 540, 653.

apology, 322-324, 541, 655, 657.

payment into court, 541, 655, 656.

other special defences, 540, 654.

justification in criminal cases, 437–439, 674, 684.

innocent publication, 155, 411, 433, 639.

publication to plaintiff only, 151, 152, 432, 637.

PRECEDENTS OF, in actions of libel and slander, 633-658. slander of title, 663-667.

DEFENDANT,

married woman, 396, 400-405.

matters to be considered by, 524.

may be called by plaintiff, 562.

evidence for, 572–577.

successful, cannot be ordered to pay costs, 367.
whom to be made, 155, 157, 432, 515–517.
joint, 420.

no contribution between or indemnity to, 158, 316.
evidence of good character, on indictment, 603.

DEFINITION,

of libel, 1, 6, 19, 468.

of slander, 1, 6, 53.

of defamatory words, 1, 6, 17, 36.

of publication, 151.

of reputation, 151.

of confidential relationship, 210.

of malice, 4, 271.

DELIVERY,

of libel to third person, when a publication, 157, 432, 433.

DEMANDING MONEY WITH MENACES,

charge of, actionable, 55.

DE MINIMIS NON CURAT LEX, 2, 18.

DEMURRER,

proceedings in lieu of, in civil cases, 536.

in criminal cases, 596, 683.

joinder in, 684, 687.

to a plea, 686.

DESTRUCTION

of obscene works, justices may order, 472, 473.

"DIFFICULTIES,"

charge of being in, libellous, 21, 29.

DIRECTOR OF PUBLIC PROSECUTIONS, fiat of, where necessary, 9, 383, 384, 589.

DIRECTORS OF COMPANY,

reports of, to shareholders, privileged, 240.
charges against, when privileged, 240, 244, 246.
statement to, by co-directors, privileged, 244.
have a common interest, 238, 247.

costs of libels on, 373, 609.

law of, how far part of English Common Law, 449, 450.

cannot commit for contempt, 512.

EDITOR OF NEWSPAPER,

words concerning, 22, 28, 29, 642.

may comment on matters of public interest, 32-52.

joint liability for publication of libel, 157-160, 382, 384–387.

liability to proprietor, 158.

reports published by, 265-268, 377, 382.

EFFIGY,

libel by means of, 6.

burning in, 6.

assertion that plaintiff had been hung in, 23.

EMBEZZLEMENT,

words imputing, actionable, 55, 64, 122.

EMPLOYER,

liability of, 411, 413, 433.

EMPLOYMENT,

loss of, is special damage, 298.

ENDORSEMENT ON WRIT, 523. is privileged, 191.

ENGAGEMENT,

notice of termination of, not libellous, 24.

ENGINEER,

libel on, 31.

ETIQUETTE,

charge of a breach of, not actionable, 27.

EVENT,

costs to follow, 365.

where separate issues, 369.