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<p>13.</p> | |||
<p><head>C<lb/> | |||
Of Unlawful Defamation.</head></p> | |||
<p>2. But the burthen of proof lies upon the Defamer.</p> | |||
<p>3. Nor does this hinder but that he may be punished<lb/> | |||
as for an Act of <del>personal reproach</del> <add>Vituperation Vilification</add>. See Tit. [Vilification]</p> | |||
<p>4. If the imputation appears frivolous <add>slight</add> or from its nature<lb/> | |||
unsusceptible of proof though it should be true, the<lb/> | |||
Judge may dismiss the complaint, neither requiring nor<lb/> | |||
suffering any proof to be attempted: And let him use<lb/> | |||
<add>the influence of</add> his Authority to bring the Parties to a reconciliation.<lb/> | |||
Costs at option and at discretion.</p> | |||
<p>[(AA) True]. 1. It matters not in what respect of degree<lb/> | |||
it be false; except in as far as the falsity is material.<lb/> | |||
See Tit. [Simple Falshood] voce [material]<lb/> | |||
A notion of this sort may be false in several degrees.</p> | |||
<p>2. It may be false <del>and groundless</del> <add><hi rend="underline">in toto:</hi></add> as if a man<lb/> | |||
were to report of You that you had willfully killed<lb/> | |||
your own <del>Son</del> <add>father:</add> Whereas in truth you never killed nor<lb/> | |||
ever were near killing any man whatsoever.</p> | |||
<p>3. It may be false <del>[<hi rend="underline">in toto</hi>]</del> <add>in respect of the principal matter, <del><gap/></del></add> without being groundless; as if<lb/> | |||
the case were that you had dangerously wounded your <del>son</del> <add>father</add>, but<lb/> | |||
that he recovered.</p> | |||
<p>4. It may be false in <hi rend="underline">circumstance</hi>; as if the case were<lb/> | |||
<add>that</add></p> | |||
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13.
C
Of Unlawful Defamation.
2. But the burthen of proof lies upon the Defamer.
3. Nor does this hinder but that he may be punished
as for an Act of personal reproach Vituperation Vilification. See Tit. [Vilification]
4. If the imputation appears frivolous slight or from its nature
unsusceptible of proof though it should be true, the
Judge may dismiss the complaint, neither requiring nor
suffering any proof to be attempted: And let him use
the influence of his Authority to bring the Parties to a reconciliation.
Costs at option and at discretion.
[(AA) True]. 1. It matters not in what respect of degree
it be false; except in as far as the falsity is material.
See Tit. [Simple Falshood] voce [material]
A notion of this sort may be false in several degrees.
2. It may be false and groundless in toto: as if a man
were to report of You that you had willfully killed
your own Son father: Whereas in truth you never killed nor
ever were near killing any man whatsoever.
3. It may be false [in toto] in respect of the principal matter, without being groundless; as if
the case were that you had dangerously wounded your son father, but
that he recovered.
4. It may be false in circumstance; as if the case were
that
Identifier: | JB/067/050/001"JB/" can not be assigned to a declared number type with value 67. |
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3-8, 1 |
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067 |
liberty of the press |
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050 |
of unlawful defamation |
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001 |
punishment |
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copy/fair copy sheet |
2 |
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recto |
f13 / f14 |
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[[watermarks::[lion with crown motif]]] |
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21883 |
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