... it may be against the public peace; and therefore, upon a civil action, the truth of the accusation may be pleaded in bar of the suit. But, in a criminal prosecution, the tendency which all libels have to create animosities, and to disturb the public... The Balance, and Columbian Repository - Page 651803Full view - About this book
| Thomas James Mathias - 1801 - 612 pages
...it will be incumbent on them to contradict the great sage of the law (A), who declares, that " IN \ CRIMINAL PROSECUTION, the tendency which all " libels have to create animosities and disturb the public " peace, is THE WHOLE which the law considers." I am content to be at issue with... | |
| Thomas James Mathias - 1803 - 614 pages
...libellous, it will be incumbent on them to contradict the great sage of the law (h], who declares, that " IN A CRIMINAL PROSECUTION, the tendency which all " libels have to create animosities and disturb the public " peace, is THE WHOLE which the law considers." I am content to be at issue with... | |
| James Wilson, Bird Wilson - 1804 - 456 pages
...may be against the publick peace ; and, therefore, upon a civil action, the truth of ihe-accusation may be pleaded in bar of the suit. But in a criminal...libels have to create animosities, and to disturb the publick peace, is the sole consideration of the law. ' Upon this passage, I observe, in the first place,... | |
| William Nicholson - 1809 - 734 pages
...be true the plaintiff hat received no private injury, and hat no ground to demand for a compensation himself, whatever offence it may be against the public...animosities, and to disturb the public peace, is the whole that the law considers. And, therefore, in such prosecutions, the only pointa to be enquired... | |
| William Nicholson - 1809 - 700 pages
...be true the plaintiff has received no private injury, and has no ground to demand for a compensation himself, whatever offence it may be against the public...create animosities, and to disturb the public peace, if the whulc that the law considers. And, therefore, in such prosecutions, the only points to be enquired... | |
| Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1820 - 818 pages
...were openly printed, for it equally tends to a breach of the peace. And in the same page, he says, " In a criminal prosecution, the tendency which all...animosities, and to disturb the public peace, is the whole that the law considers." The same admirable writer, in a following page (p. 152.) after saying,... | |
| William Nicholson - 1821 - 406 pages
...doubtless, the falsehood of it may aggravate its guilt and enhance its punishment. In a civil action, a libel must appear to be false as well as scandalous...animosities, and to disturb the public peace, is the whole that the law considers. And, therefore, in such prosecutions, the only points to be enquired... | |
| William Nicholson - 1821 - 408 pages
...well as scandalous : for if the charge be true, the plaintiff has received no private injury, -.mil has no ground to demand a compensation for himself,...animosities, and to disturb the public peace, is the whole that the law considers. And, therefore, in such prosecutions, the only points to be enquired... | |
| Alexander Whellier - 1825 - 836 pages
...the falsehood of it may aggravate its guilt, and enhance its punishment. In a civil action, however, a libel must appear to be false, as well as scandalous...animosities, and to disturb the public peace, is the whole that the law considers : and therefore, in such prosecutions, the only points to be inquired... | |
| sir William Blackstone - 1825 - 584 pages
...send a challenge, being an attempt to procure another to commit a misdemesnor. RvPAWipi. aEast,464. may be pleaded in bar of the suit. But, in a criminal...animosities, and to disturb the public peace, is the whole that the law considers. And, therefore, in such prosecutions, the only points to be inquired... | |
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