KFLCC Kingdom Law 2nd Ed.

720

LIBEL

LIBER

LIBELLUS.

In the civil law. A

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 blacken 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 public hatred, contempt, or ridicule. Pen. Code Cal. § 248; Rev. Code Iowa 1880, § 4097; Bac. Abr. tit. "Libel;" 1 Hawk. P. C. 1, 73, § 1; Com. v. Clap, 4 Mass. 168, 3 Am. Dec. 212; Clark v. Binney, 2 Pick. (Mass) 115; Ryckman v. Delavan, 25 Wend. (N. Y.) 198; Root v. King, 7 Cow. (N. Y.) 620. A libel is a censorious or ridiculing writing, picture, or sign made with a mischievous in tent. State v. Farley, 4 McCord (S. C), 317; People v. Croswell, 3 Johns. Cas. (N. Y.) 354; Steele v. Southwick, 9 Johns. (N. Y.) 215; McCorkle v. Bmns, 5 Bin. (Pa.) 348; 6 Am. Dec. 420. 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 a crime punishable by law, or of an act odious and disgraceful in society, is a libel. Dexter v. Spear, 4 Mason, 115, Fed. Cas. No. 3,867; White v. Nicholls, 3 How. 291, 11 L. Ed. 591. A libel is a publication, without justification or lawful excuse, of words calculated to in jure the reputation of another, and expose him to hatred or contempt. Whitney v. Janesville Gazette, 5 Biss. 330, Fed. Cas. No. 17,590. Everything, written or printed, which re flects on the character of another, and is pub lished without lawful justification or excuse, is a libel, whatever the intention may have been. O'Brien v. Clement, 15 Mees. & W. 435. —Criminal libel. A libel which is punish able criminally; one which tends to excite a breach of the peace. Moody v. State, 94 Ala. 42, 10 South. 670; State v. Shaffner, 2 Pen newill (Del.) 171, 44 Atl. 620; People v. Stokes, 30 Abb. N. C. 200, 24 N. Y. Supp. 727.—Libel of accusation. In Scotch law. The instrument which contains the charge against a person accused of a crime. Libels are of two kinds, namely^ indictments and crim inal letters.—Seditions libel. In English law. A written or printed document containing sedi tious matter or published with a seditious in tention, the latter term being defined as "an in tention to bring into hatred or contempt, or 'to excite disaffection against, the king or the government and constitution as by law estab lished, or either house of parliament, or the administration of justice, or to excite British subjects to attempt otherwise than by lawful means the alteration of any matter in church or state by law established, or to promote feel ings of ill will and hostility between different classes." Dicey, Const. (4th Ed ) 231, 232. See Black, Const. Law (3d Ed.) p. 654. The complainant or party who files a libel in an ecclesiastical or admi ralty case, corresponding to the plaintiff in lctions at law. A party against whom a libel has been filed in an ecclesiastical court or in admiralty. LIBELANT. LIBELEE.

La t

little book. a petition, es pecially to the emperor, all petitions to whom must be in writing. Libellum rescribere, to mark on such petition the answer to if, LA bellum agere, to assist or counsel the emper or in regard to such petitions. Libellus ac cusatorius, an information and accusation of a crime. Libellus divortii, a writing of di vorcement Libellus rerum, an inventory. Calvin. Libellus or oratio consultoria, a mes sage by which emperors laid matters before the senate. Id. A writing in which are contained the names of the plaintiff (actor) and defendant, {reus,) 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 conveyance, as of a fief, or a part of it. —Libellus conventionis. In the civil law. The statement of a plaintiffs claim in a peti tion presented to the magistrate, who directed an officer to deliver it to tke defendant.—Li bellus famosus. In the civil law. A defam atory publication; a publication injuriously affecting character; a libel. Inst. 4, 4, 1; Dig. 47. 10; Cod.' 9, 36. Defamatory; of the nature of a libel; constituting or involving libel. —Libelous per se. A defamatory publica tion is libelous per se when the words are of such a character that an action may be brought upon them without the necessity of showing any special damage, the imputation being such that the law will presume that any one so slandered must have suffered damage. See Mayrant v. Richardson, 1 Nott & McO. (S. C.) 349, 9 Am Dec. 707; Woolworth v. Star Co., 97 App. Div. 525, 90 N. Y. Supp. 147; Morse v. Times Republican Printing Co., 124 Iowa, 707, 100 N. W. 867. Lat A book, of whatever material composed; a main division of a lit erary work. —Liber 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 Edward III. 3 Reeve, Ehg. Law, 148.—Liber f eudor um. The book of feuds. This was a compila tion of feudal law, prepared by order of the emperor Frederick I., and published at Milan in 1170. It comprised five books, of which only the first two are now extant with fragmen tary portions of the others.—Liber judicialis of Alfred. Alfred's dome-book. See DOMES DAY.—Liber judiciarum. The book of judg ment, or doom-book. The Saxon Domboc. Conjectured to be a book of statutes of an cient Saxon kings —Liber niger. Black book. A name given to several ancient records.—Li ber niger domus regis, (the black book of the king's household.) The title of a book in which there is an account of the household es tablishment of Bang Edward IV., and of the several musicians retained in his service, as well for his 1 private amusement as for the serv ice in his chapel. Enc. Lond.—Liber niger scaccarii. The black book of the exchequer, attributed to Gervase of Tilbury. 1 Reeve, Eng Law, 220, note.—Liber ruber scaccarii. The red book of the exchequer. 1 Reeve, Eng. Law. 220, note. Libellus supplex, LIBELOUS. LIBER, n.