A treatise on the law of libel and slander: as applied, in Scotland, in criminal prosecutions, and in actions of damages

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W. & C. Tait, 1826 - Law - 491 pages
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Contents

Introduction
1
Limits of this
2
What the authority of the law of England in Scotch cases
7
V Jurisdiction of Magistrates qf Boroughs and Justices
20
Definitions employed by the Scotch writers Stair MKenzie
23
Sense in which the words slander and libel are employed
31
Lord Advocate v Robertson and Berry in
33
Duty of the Lord Advocate in the prosecution of public
37
What passes betwixt agents relative to their clients
237
The Rev Mr John Auchinchss v Black
241
Of the Plea of Veritas Convicii
244
In some cases the veritas convicii will not be allowed to
251
Sometimes it will not be admitted to the effect of even miti
257
Case of MKennal v Wilson 415
267
Consequence of this uncertainty 11
278
Its application governed by the analogy of compensation
284

Jurisdiction of the Commissaries
45
These judges have jurisdiction in cases of scandal
52
Prosecutions in such coses competent in this Court only quoad
59
Of libel and slander as a public
65
Qf Publications against the King the Government
72
Wherein leasingmaking and sedition differ
76
Sedition nature of this offence
83
How limited if the republication is in writing of what
107
Punishment of sedition formerly and now
119
Cases of Jamieson and of Hay in the Court of Session
125
Private individual may in some cases originate the proceed
131
Qf Publications against the two Houses of Parlia
137
To what extent does the intention or belief of the pannel
144
Of the defamation of private
148
Form of the action 49
153
Degree of precision required in these
156
Amendment of the summons
165
How the damages solatium and fine ought to be esti
170
What if the defender his counsel and agent do not appear
171
Sum concluded for in the summons
178
Observationupon the length to which the law of Scotland
184
May be punished de piano but generally the duty of bringing
186
What degree of malice requisite
190
Publisher as well as printer of a seditious pamphlet respon
195
Of the grounds of defence or
197
Expressions employed by witnesses in giving judicial tes
203
Situation of reports pendente lite
209
Counsel for words employed by him in pleading
215
Nor will protection be extended to proceedings instituted
221
Will not extend to subjects which though of public interest
231
Double compensation or recompensation not permitted 2889
290
Wright v Blair May 23 1801
299
Slander formerly reported must be the same with that which
300
The pursuer of an action of damages for defamation puts
307
Is it competent to adduce evidence as to the defenders cha
311
If the defender cannot prove probable cause he must have
317
Monro v Monro May 19 1803
324
Dougal v Watson July 7 1803
331
Ewart v Mason 1806
334
Robertson v Rose December 2 1801
340
Charge of want of chastity against a young woman which
349
Charge of whore made in rixa no damages
355
Circumstances in which proof not found to correspond with
361
Cusine v Begbie 1803
367
Charge of bankruptcy and being a cheat scoundrel and
373
Cathcart Boyd v Reid July 11 1801
381
MDonald v MDonald January 22 1803
388
Calumnious charge made in a Berean congregation being
393
David Crichton v Michael Forrest January
399
Action by a burgher clergyman against his brethren for offi
405
Copy of the late Lord Craigs MS notes on
412
Responsibility of the conductor editor or proprietor of
422
Punishment of leasingmaking blasphemy and sedition for
439
Palinode a competent and sometimes expedient mode of ter
441
Case where veritas cowmen was allowed to be proved in an
449
Cochran v Watson June 11 1799
456
Imputation of forgery thrown out during a fit of delirium
460
Mr Hagarts Trustees v Lord President
468
Different definitions that have been given of the word libel
485
It is not incumbent upon the pursuer to produce evidence
486

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