Overview

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: ...runs the risk of aggravating the amount of damages.1t In all cases the defence should be set out in clear terms.19 2. Arrest of Defendant. Arrest for the sake of security may be taken for good cause,20 especially in the case of a foreign defendant,21 at the instance of a person domiciled in the country where the arrest takes place. It has been questioned whether when a person has been arrested in an action of defamation, for amende honorable,23 he could be released on bail, since in such a case it might be difficult to fix the amount for which security ought to be found. It seems, however, that in such a case bail will be allowed.23 Criminal arrests on the ground of an injury are, as a rule, regulated by laws specially adopted in the country where they take place. 3. Discovery of the author of a libel. When it was considered desirable that the unknown author of a defamatory publication should be discovered, rewards offered for information leading to such discovery were resorted to under the Roman Law as an effective means to that purpose; and for the amount of such rewards the author when discovered was held liable.24 As already mentioned in the Annotations to Section 10, Weber holds that if a printer or publisher of a defamatory publication 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.25 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) Lotter vs. Panneuritz (Morcom's Natal Rep. 1870, p. 29). Evidence ...

Full Product Details

9781150397042

Table of Contents

Reviews

Author Information

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available