Page:Black's Law Dictionary (Second Edition).djvu/728

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LIBEL 7

tation of an individual, and exposing him to public hatred, contempt, or ridicule. The publication of the libelous matter is essential to recovery. Code Ga. 1882., § 2974.

A libel is a malicious defamation, expressed either by writing, printing, or by signs or pictures, or the like, tending to bhicken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to ])l.ilJliL‘ hatred. contempt, or ridicule. Pen. Corie Cal. § 248; Rev. Code Iowa 1880, § 40117; Bac. Abr. tit “Lihel;" 1 Hawk. P. C. 1, 73, § 1: Com. v. Clap, 4 Mass. 168, 3 Am. Dec 212; Clark v. Biiiney, 2 Pick. (Mass) 113; Ryckman v. Dclaian, 25 Weiid. (N. Y.) 193; Root v. King, 7 Cow. (N. Y.) U20.

_A libel is a ccnsorions or ridiculing Vvritin picture, or sign made with a mischieious ' tcnt. Slate v. Farley, 4 l\lcC0rd (S (1.). 31 l‘eople v. Crosvicll, 3 Johns. C.-is. (N. Y.) 3 Steele v. Soutliwick, 9 Johns. (N. Y.) 21 ; Mccoakle v. Binns, 5 Bin. (1-’u.) 348; 6 Am.

cc, 2. .

Any publication the tendency of which is to degrade or injure another person, or to bring him into contempt, ridicule, or hatred, or which accuses him of 11 criine punishable law, or of an act odious and disgraceful in society, is a libel. Deste v. Spear, 4 Mason, 115, Fed. L‘ No. 3.8 " White v. Nicholls. 3 How. 21.11, 11 L Ed. 591.

A libcl is a publication, without justification or lawful excuse, of wocds calculated to in- jure the reputation of another, and expose him to hatred or contempt. Whitney v. Janesvilie Gazette, 5 Blss. 330, Fed. Cas. No. 17.590.

Everything, written or printed, which reffects on the character of another, and is pub- llshed wlthout lawful justlfication or excuse, is a libel, whatever the intention may have been. O'Brien v. Clement, 15 Mees. & W. 485. —Cr:'u1.iina.1 libel. A libel which is punish- abic criminally: one which tends to excite a hr:-acli of the peace. l\IDDfly v. State. 94 Ala. 42, 10 Smith. 670; Stiitc v. Siinlfner, 2 Pen- uewili lllel.) 171. -1-1 At]. 620; People V. Stokes. {SO Ahb. N. C. 200, '.’A N. Y. Supp. 'i'2T.—LiI1e1 of accusation. In Scotch law. The inslrunii-nt which contains the charge against a person accused of a crime. Lihels are of two kinds. namely. indictments and criminal letters.—Sed.itious libel. In English law. A written or printed document containing seditious matter or published with a seditious intcntinii, the latter term being defined as “an intention to hrini: into hatred or contempt, or to excite disnfloctiou against, the king or the govcraiurnt and constitution as by low estab- llShl"(l, or either house of parliament, or the administration of justice, or to excite British Nl]lJjUC[S to attempt otherwise than by lawful means the alteration of any matter in church or state by low established, or to promote feelings of ill “ill and hostility between different cliisses.” Dicer. Const. (4th Ed.) 231, $2. See Black, Coust. Law (an Ed.) 17. 654.

LIBELANT. The complainant or party who files a lliiel in an ecclesiastical or admi- ralty case, corresponding to the plaintiff in actions at law.

LIBELEE. A piirty against whom a iihel has been filed in an ecclesiastical court or in admiralty.

0 LIBEB

LIB]-ILLUS. Lat. In the civil law. A little book. Lfliellus suppleaz. a petition, especially to the emperor. all petitions to whom must he in writing. Libcllimi 1'C8CI"ll2G1‘C, to marl; on such petition the answer to it. Lt- licllum agci-c, to assist or counsel the emper- or in regard to such petitions. lrilliellus aocusaturius, an information and accusation at a crime. lrlhcllus divortii, a writing of di- vorceilient. Libcllus rerum, an inventory. Calvin. Libdliis or oratio cansultoi-ia, a message by which emperors laid matters before the senate. Id.

A writing in which are contained the names of the plaintiff (actor) and defen(‘l.int, (rc11s,) the thing sought, the right relied upon, and name of the tribunal before which the action is brought. Calvin.

In feudal law. An instrument of alien-

ation or conreynnce, as of a fief, or a port of it. -—Lihellus conventionis. In the civil law. The statement of a plai.ntiif‘s claim in a petition presented to the magistrate, who directed an officer to dz-liver it to the llefcLlllIll.It.—Li- belliis fmiiosiis. In the civil law. A delimi- nlory_ publication; a puhlicution injuiiousiy sJIcctn.i-g cbarmter; a libel. Inst. 4, 4. 1; big. 47. 10; Cod. 9, 36.

LIB]-ILOUS. Defamatory; of the nature of a libel; constituting or involving i.lbeL

-7LiI1e1ouI per so. A defamatory publication is libelous per 88 when the words are of such a character that an action may be brought upon them without the necessity of showing any special daiiia_ge_ the imputation being such that the law will presume that any one so sliandereci must have suffered dam. e. See Miiyrsnt V. Richardson, 1 Nott & Mo ‘. (S. C.) 349, 9 Am. Dec. 707: 'Woolworth v. Star Co., 97 App. Div. . 90 N. Y. Supp. 147: Morse v. '.l‘iincs- 1tepulil_i_ciin Pi-intini: 00.. 12-1 Iowa, 707. 100 N.

Vi. 86:.

IIBER, n. Lat. A book, of Whatever material composed; a main division of a iiteniry work.

—Li'her assisarum. The Book of Assizes. A collection of cases that arose on assizes and other trials in the country. It was the fourth volume of the reports of the reign of Edn ard III. 3 Reeve, Eng. law, 148_—Lihcr fender- uni. The book of feuds. This was a compilation of feiidnl law, prepared by order of the emperor Frederick 1., and puhhslied nt Milan in 1170. It compiised five books of which only the first t\\o nre now extant with fragmentary portions of the others —L:'|I1er jlldicialil of Alfred. Alfrrd's dome- ook. Sec DOME IiAY.—Libe:r judiciarinn. The book of judgment, or doom-hook. The Snxon Domboc Conjectured to be a book of statutes of ucnient Saxon kin_2s.—Libex- nlger. Black book. A name given to several iincient |‘(‘(‘Ol‘ds.—Li- her niger domfis regis, (tho black book of the kin-"s household.) The title of a llflllll in which there is an account of the household establishment of "us Fdwurd and of the several musicians retained in l service, as well for his private amusement a for the serrice in his chapel. Enc. Lun(l.—LiI1er nigcr scaccarii. The black book of the exchcquer, attributed to Gervsse of Tilbiiry. 1 Reeve. Eng-

aw, 220, notr.—LiI1er rnher scaccarii. ' e 1 Reeve, Eng. Law.

L rcrl book of the exchcquer.

220. note.