same are applicable, apply to the case of a liquidation by arrangement in the same manner as if the word "bankrupt " included a debtor whose affairs are under liquidation, and the word "bankruptcy" included liquidation by arrangement; and in construing such provisions the appointment of a trustee under a liquidation shall, according to circumstances, be deemed to be equivalent to and a substitute for the presentation of a petition in bankruptcy, or the service of such petition or an order of adjudication in bankruptcy. (8.) The creditors, at their first or any general meeting, may prescribe the bank into which the trustee is to pay any moneys received by him, and the sum which he may retain in his hands. (9.) The provisions of this act with respect to the close of the bankruptcy, discharge of a bankrupt, to the release of the trustee, and to the audit of accounts by the comptroller, shall not apply in the case of a debtor whose affairs are under liquidation by arrangement; but the close of the liquidation may be fixed, and the discharge of the debtor and the release of the trustee may be granted by a special resolution of the creditors in general meeting, and the accounts may be audited in pursuance of such resolution, at such time, and in such manner, and upon such terms and conditions as the creditors think fit. (10.) The trustee shall report to the registrar the discharge of the debtor, and a certificate of such discharge given by the registrar shall have the same effect as an order of discharge given to a bankrupt under this act. (11.) Rules of court may be made in relation to proceedings on the occasion of liquidation by arrangement, in the same manner and to the same extent and of the same authority as in respect of proceedings in bankruptcy. (12.) If it appear to the court on satisfactory evidence that the liquidation by arrangement cannot, in consequence of legal difficulties, or of there being no trustee for the time being, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, the court may adjudge the debtor a bankrupt, and proceedings may be had accordingly. (13.) Where no committee of inspection is appointed, the trustee may act on his own discretion in cases where he would otherwise have been bound to refer to such committee. (14.) In calculating a majority on a special resolution for the purposes of this section, creditors whose debts amount to sums not exceeding £10 shall be reckoned in the majority in value, but not in the majority in number.

Composition with Creditors.

REGULATIONS.

126. The creditors of a debtor unable to pay his debts may, without any proceedings in bankruptcy, by an extraordinary resolution, resolve that a composition shall be accepted in satisfaction of the debts due to them from the debtor. An extraordinary

resolution of creditors shall be a resolution which has been passed by a majority in number and three-fourths in value of the creditors of the debtor, assembled at a general meeting to be held in the manner prescribed, of which notice has been given in the prescribed manner, and has been confirmed by a majority in number and value of the creditors assembled at a subsequent general meeting, of which notice has been given in the prescribed manner, and held at an interval of not less than seven days nor more than fourteen days from the date of the meeting at which such resolution was first passed. In calculating a majority for the purposes of a composition under this section, creditors whose debts amount to sums not exceeding £10 shall be reckoned in the majority in value, but not in the majority in number, and the value of the debts of secured creditors shall, as nearly as circumstances admit, be estimated in the same way, and the same description of creditors shall be entitled to vote at such general meetings as in bankruptcy. The debtor, unless prevented by sickness or other cause satisfactory to such meetings, shall be present at both the meetings at which the extraordinary resolution is passed, and shall answer any inquiries made of him, and he, or if he is so prevented from being at such meetings some one on his behalf, shall produce to the meetings a statement showing the whole of his assets and debts, and the names and addresses of the creditors to whom such debts respectively are due. The extraordinary resolution, together with the statement of the debtor as to his assets and debts, shall be presented to the registrar, and it shall be his duty to inquire whether such resolution has been passed in manner directed by this section, and if satisfied that it has been so passed he shall forthwith register the resolution and statement of assets and debts, but until such registration has taken place such resolution shall be of no validity; and any creditor of the debtor may inspect such statement at prescribed times, and on payment of such fee, if any, as may be prescribed. The creditors may, by an extraordinary resolution, add to or vary the provisions of any composition previously accepted by them, without prejudice to any persons taking interests un ler such provisions who do not assent to such addition or variation; and any such extraordinary resolution shall be presented to the registrar in the same manner and with the same consequences as the extraordinary resolution by which the composition was accepted in the first instance. The provisions of a composition accepted by an extraordinary resolution in pursuance of this section shall be binding on all the creditors whose names and addresses, and the amount of debts due to whom, are shown in the statement of the debtor, produced to the meetings at which the resolution has passed, but shall not affect or prejudice the rights of any other creditors. Where a debt arises on a bill of exchange or promissory note, if the debtor is ignorant of the holder of any such bill of exchange or promissory note, he shall be

required to state the amount of such bill or note, the date on which it falls due, the name of the acceptor or person to whom it is payable, and any other particulars within his knowledge respecting the same, and the insertion of such particulars shall be deemed a sufficient description of the creditor of the debtor in respect of such debt, and any mistake made inadvertently by a debtor in the statement of his debts may be corrected after the prescribed notice has been given, with the consent of a general meeting of his creditors. The provisions of any composition made in pursuance of this section may be enforced by the court on a motion made in a summary manner by any person interested, and any disobedience of the order of the court made on such motion shall be deemed to be a contempt of court. Rules of court may be made in relation to proceedings on the occasion of the acceptance of a composition by an extraordinary resolution of creditors, in the same manner and to the same extent and of the same authority as in respect of proceedings in bankruptcy. If it appear to the court on satisfactory evidence that a composition under this section cannot, in consequence of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, the court may adjudge the debtor a bankrupt, and proceedings may be had accordingly.

Rules of court have been made under the authority of this act, prescribing the manner in which the act is to be carried into execution. The Absconding Debtors Act, 1870, extends the provisions made by the Bankruptcy Act, 1869, for the arrest and safe keeping of absconding debtors.

The Debtors Act, 1869 (32 & 33 V. c. 62), providing for the Abolition of Imprisonment for Debt, and for the punishment of fraudulent debtors, has been already referred to (p. 432).

PART V.

CIVIL INJURIES.

WRONGS are of two kinds; private wrongs and public wrongs: the former are an infringement of the rights of individuals, and termed civil injuries; the latter are a violation, not only of the rights of individuals, but of the community, and distinguished by the harsher names of felonies or misdemeanors. Redress for private wrongs must be sought at the risk and cost of individuals, while the prosecution of criminal wrongs is carried on in the name and at the suit of the crown as conservator of the general peace and security. It is the nature and character of the former, or civil injuries, that will now engage attention, reserving public crimes for the concluding part. While the number of criminal offences recognized by the laws is great, those of a civil nature are comparatively few, and the principal of them may be comprised under the following classification:

1. Libel.

2. Slander.

3. Personal Injuries.

4. Adultery.

5. Seduction.

6. Trespass.

7. Malicious Prosecution. 8. Nuisance.

9. Negligence.

CHAPTER I.
Libel.

LIBEL is usually defined a malicious defamation of another, expressed in writing or printing, or by signs, pictures, or representations, and differs from slander, which is verbal or spoken defamation. In general any publication is libellous that hurts or disparages either an individual or the state; with respect to individuals, whatever tends to hurt their feelings or reputation is a libel; and with respect to the government, anything is construed libellous that tends to hold it up to hatred, contempt, or disesteem.

The remedy for libel is either by indictment, by action, or information; the former for the public offence, as tending to provoke the person libelled to a breach of the peace, which is the same whether the matter of the libel be true or false; and therefore the defendant, on an indictment for libel, will not be allowed to allege the truth of it by way of justification, unless he can show that it was for the public benefit the matters charged were published. In

a civil action, however, a libel must appear to be false as well as scandalous; for if the charge be true, the plaintiff has no ground to demand compensation for himself, whatever offence it may be against the public peace; and, therefore, in a civil action for damages, the truth may be pleaded in bar of the suit. A proceeding by information is generally directed against libels on the established religion or government, and is instituted ex officio by the attorney-general. In a criminal information by an individual, the court will exert a discretionary power in sanctioning such a mode of prosecution; and when the libel contains a direct charge, which it lies in the power of the applicant to deny, if false, the court will require a positive affidavit that the charge is unfounded.

Between libel, or written scandal, and mere verbal defamation, there is an important distinction, because the former is presumed to be a more deliberate injury, and propagated in a wider and more permanent form. Hence the word swindler, if spoken of another (unless it be spoken in relation to his trade or business), is not actionable; but if it be published in a written form, it is actionable, 2 Hen. Bl. 531. So, the publication of a letter in which the plaintiff was designated one of the most infernal villains that ever disgraced human nature was held actionable, without proof of special damage, 1 Bos. & Pul. 331.

Printing or writing may be libellous, though the scandal be not directly charged, but obliquely and ironically. So is hanging up, or burning in effigy, with intent to expose some person to ridicule and contempt, a libel.

Defamatory writing, expressing only one or two letters of a name, provided the acccompanying matter clearly designate an individual, is as properly a libel as if the whole name had been expressed at length.

With respect to publications on the GOVERNMENT, the main question is, whether bad motives are imputed to the members i administration, and whether the motives are couched in terms decent and respectful. The imputation of mere error in judgment, even to the sovereign herself, if done in a respectful manner, is not libellous, 2 Campb. 402. Hence it follows, that though the tendencies of measures may be temperately discussed, they must never be imputed to corrupt design; that no member of the government must be charged with corruption, or with a wish to infringe on the liberties of the people.

To publish a true and fair account of proceedings in courts of justice upon a trial, is not in general libellous, 8 T. R. 298. But a party will not be justified in publishing conclusions unfavourable to another, which he draws himself from the evidence delivered in a court of justice, instead of stating the evidence itself. The publication of proceedings before a coroner's inquest, or a preliminary inquiry before a magistrate, however correct the statement, if it contains libellous matter of another, actionable, 3 Chitty's Bl.