Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1843-08-09
MISCELLANEOUS.

of libel. has drawn our attention TO the
following, from he report Of the Commit
tee of the Euglish House Of Lords, on the
Law Of Libel, Of which Lord CamPbeil.on
having i, or the table o: the House. gave
a sucsiuct summary.-Altany Argus.
With a view 10 afford protection TO fair
fame. to guard honorable men from vexa-
tiona litiea,iou, a nd ciIectuaiiy to put down
trafic in calumny, tho committee have
come ,c ihe following resolutions. viZ
I. That an action for defamation should
DO naintainable for any words spoken
without JUS, cause, tending TO irjure the
reputation Of another. g. words i'm
putting wan, of chastity 10 woman, or
wan, of courage or veracity to man.
9. That in 40 action for words, unless
the words impu,e an indiciabie offence, ii
sbali be open 10 the jury, uudcr The plea
of NOT guilty. or ron damn sifeatus, 10 con-
s;Jer Whether, under the circumstances
when tho words were spoken, they were
likely TO injure reputation and if they
ihinS thu, they were not. to find vcrdic,
for The defendant, without eny special
Justification.
3. That in an action for defamation,
whether spoken or written, the ser'fus
eonp;cii shall mol be an absolute defence !;
bu, ,ba, the defendant, where be justiiies
specially on the record, in addition to The
ruth Of The imputetion, shall be Obliged
,o ailepe ,hut il was for the benefit Of The
community that The words should be spo-
ken, or The alleged libcl written and pub
l;shetl and ,h:.; unless The whole plea OF
modification Is made out TO the satisfaction
Of the jury there shall be verdlc. 10" The
plaintiff.
a. That in all actions Tor defamation it
should be lawful for The defcndan, tgivins
due notice to the plaintiff of his intention
of doing SOY to give in evidence in mill
ya,ion of damages, that he made or offer
ed an apology before the bringing of The
act;on: or If lbe action is brought before
there has been opportunity for making or
Offering such apology. as soon as possible
after bringing such an action.
S. That where an action is brought TOR
libe, in any public newspaper. j, shall he
coupeten, TO The defendant TO plead thas
the said libel was inser,cd in the said news,
n,pcr wi,hou, malice and without gross
negligence, and that before action brought.
or 2 as soon as il was reasonably possible. he
inserted in the said newspapers full
anolopy for the said libel; aud that ne
snail be at liberty 10 pay. .inio court snm
of money, by way Of amends, for the IN
;urv sustained by the Publication Of Tho
sajd libel and iflbe plaintiff IS conienied
,berewi,h, he may take the same out OF
cour, with. his costs incurred TO thai r'ne,
and il the plaintiff is no, con'en,ed there.
with he may proceed in the action, and
the jury shal. consider whether The al'csa,
items in tho said plea are made out TO their
satisfaction, and the said sum is safficicnt
bv wsy of amends as aforesaid, 10 which
case ,hey shall find verdict for the plain.
Tiff, with such further sum by way OF
damages as they shall think nc ought to
recover.
6. That 10 any Indictment or miorma-
lion for private libel. il shall be lawful
for tho defendant 30 plead that the imputa'
.;on conlaipet in the alleged libel is true.
and lha, IL was for the benefit OF The com.
mnni,y that the said alleged libel should
be published, the prosecutor being permit
rej 10 traverse The whole OF the said plea,
q, onIy ,be truth of the said impu'a'ion,
or thai the said publication was tor the
bsnefi, Of the community; and 'ha, al the
trial OF such Indictment or information tne
defeudau, shall be acquitted or convicted
according to the opinion Of the jury on the
issue 50 joined.
2. That in an indictment or rutorma-
tion for private libel |, should be compe'
tent to the prosecutor TO allege that The
Jefendan, unlawiul!y, mallc'ously, and
knowing the said libel to be false, and
having previously attempted 10 extoit
money from the prosecutor, or some ol MS
family. kindred, or connexions, punished
Inc libel SET out in the indictment or ,niof-
ma,io, aud that the defendant, being
convicted in snch indictment or 'niorma'
,ion, shall DO liable 10 fine ard 'mpr'son-
ment no! exceeding three years, aud to be
sentenced to hard labor.
8. That 10 au indictment OF Information
for private libel, IL shall be competent Tor
,he prosscu,or to alIedse That the dcien-
daa, unlawfuIiy malic;ously, aud knowing
the said libel TO be false. published the
said libel; aud that the defendant, being
convicted on such ipdictment'or iniorma-
iion, shall be liable to fine or imprisonment
no, exceeding two years.
o. ,rha, in na indictment or information
for pirate libel j, shalt be competent to the
prosecp,or 10 aiiese that the defcndent nn.
lawfully and maliciously published the sald
libel; and that The defendant. being coa-
vie,ed 90 such indictment or iutorma'Ion'
sball be liable 10 Guc or imprisonment not
exceeding one year.
10. Tha, 40 action, indictment. or IN
formation shall be .nain,aipab!e Ior faith.
fo, report OF any proceeding o! courts oi
Justice, or before magistrates acting IN tue
discharge sf their duty. OF of any pre-
%, a;,l,er bni,se of Parliament. al