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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...fails to give up the name of the publisher or author respectively, he may be held personally liable. If he does give it up, Weber holds, he is discharged from liability unless he intentionally participated in the injury.26 To entitle a person to demand discovery of the name of the publisher or author it must first be made out that the publication really is injurious in respect of himself 26; the person (16) Rosenblum vs. Marcus (5 Natal, N. S. 141). (17) hotter Vb. Pannewitt (Morcom's Natal Bep. 1870, p. 29). Evidence of particular acts of immorality, not connected with the case nor pleaded, were withheld from the jury. Lotter vs. Pannewitz (Morcom's Natal Bep. 1869, p. 213). See also note 18 to Annotations on section 17. (18) Gray vs. Solomon (Morcom's Natal Bep. 1871, p. 48). (19) Bance vs. Buckley (3 Menz. 347). (20) See Van Zijl, Judicial Practice, p. 122. (21) Schomaker, 1. 57. 1. (22) See section 17. (23) Voet, 2. 8. 8. (24) Dig. 47. 10. 5, 11: pro modo substantiae accusatae personae, aestimatione judicis praemium constituitur.... Quid enim si publica utilitas ex hoc emergit.--Cod. 9. 36. 1; Leyser, vol. 8, spec. 552, med. 6; Dig. 47.10. 6. (25) Weber, 3, 19. p. 125. See however Annotations to section 9 above, pp. 113, 115. (26) Weber, 3, 19, p. 95. from whom such discovery is required may raise the objection that the publication is not libellous.27 If the person from whom discovery is demanded declares under oath that he is unable to give up the name, no further discovery from him can be demanded,26 without, however, his thereby evading the liabilities which may ensue from his negligent want of knowledge. 4. Discovery of Documents. At the Cape of Good Hope, when it clearly appears that a document is libellous, the Court would com...

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