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INDE X.

ABRIDGMENTS:

when bona fide, do not infringe copyright, 188-192
of work of fiction, 192-194

ACCORD AND SATISFACTION:

may be pleaded in action for libel, 568
evidence of, 590

ACCOUNT, see REMEDIES FOR Infringement of Copyright.
ACQUIESCENCE:

in infringement of copyright, disentitles to relief in equity, 102
ACTION FOR LIBEL:

who may bring action, 538

when libel is on married woman, ib.

on partners in trade, ib.

on joint-stock company or corporation, ib.

alien friend may sue, though domiciled abroad, 539

effect of joining too many plaintiffs, ib.

nonjoinder or misjoinder of plaintiffs may be amended, ib.

must be brought within six years, ib.

venue may be laid in any county, 540

may be changed, ib.

who are liable as defendants, ib.

where there is a joint publication by several, ib.

infant may be sued, 541

corporations and joint-stock companies may be sued, ib.

husband and wife must be joined in actions for libels by wife, ib.
except after divorce or judicial separation, ib.

introductory averments in declarations, 542, 548

forms of declaration, 543, 743

allegation of malice not necessary in declaration, 543

falsehood of libel should be alleged, ib.

declaration must show a publication, ib.

and state publication of and concerning plaintiff, 544
must set out libel, ib.

but not whole of libel, ib.

must not omit any part material to sense, 545

several libels in one publication may be declared on in same count, 547
but not several paragraphs in different numbers of a newspaper, ib.
libel in foreign language must be set out in original, with translation, ib.
when innuendoes are necessary, 547, 548, 549

to explain ambiguity in language, 549

where libel is ironical, 551

to connect libel with plaintiff, 552

innuendo may put any construction on words of libel, 554

consequence of jury's negativing meaning put by innuendo, 554, 555

how damages may be claimed, 555

various kinds of defence open to defendant, 556

effect of plea of not guilty, 556, 587

defence in case of publication of parliamentary reports, &c. 557

ACTION FOR LIBEL (continued)—

justification must be specially pleaded, 558

how pleaded, when charge is general, ib.

general plea of, allowed, on condition of particulars being
furnished, 560

where charge in libel is specific, 561

may be pleaded to part of declaration, 562

of substance of libel is sufficient, 563

when defendant may plead or demur to part of libel, 564

defendant may justify words of libel with or without meaning
innuendo, ib.

defendant not allowed to justify other imputations in libel not set out
in declaration, 565

previous publication of libel by another, no justification, ib.

privilege sometimes specially pleaded, ib.

plea of apology and payment into court, 566

whether other pleas can be pleaded with, 567

evidence of apology may be given in mitigation of damages, 568, 595.
(See DAMAGES.)

defendant may plead accord and satisfaction, 568

Statute of Limitations must be pleaded specially, ib.

on wife, plea that she was not wife of male plaintiff, 569

plea in abatement rarely available, ib.

defendant may demur to declaration, 570
plaintiff may reply specially to pleas, 571
or new assign, ib.

how discovery is to be obtained, 571, 572
plaintiff may administer interrogatories, 572

but defendant may refuse to answer where answer would tend to
criminate him, 573

plaintiff may obtain inspection of documents, 574

and so may defendant, ib.

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express malice to rebut privilege, 579. (See MALICE.)

evidence of damage, see DAMAGES.

plaintiff may anticipate justification and rebut it, 585

defendant may prove omission by publisher of material portion of his
manuscript, ib.

libel published by plaintiff's contrivance, how far a defence to action, ib.
defendant may prove that he was not author and published innocently 586
plea of justification, how proved, 587. (See JUSTIFICATION.)

record in a criminal case not admissible to prove or disprove truth of
libel, 588

proof of apology and payment into court, 590

defendant may give evidence to negative actual malice and in mitigation
of damages, 590

whether evidence can be given as to existence of rumours to same effect
as libel, 591-594

proof of truth of imputations by defendant, 594

defendant cannot inquire into plaintiff's religious opinions, 594

evidence of plaintiff's conduct in provoking the libel may be given, ib.

judge is not bound to state his opinion to jury, 595

proper question for jury, ib.

bill of exceptions may be tendered, ib.

when plaintiff should have damages separately assessed on several
counts, 595

costs of successful party, 596. (See COSTS.)

ACTION FOR LIBEL (continued)—

jury should not be told what damages will carry costs, 597
when new trial will be granted. (See NEW TRIAL.)

leave to move, advantage of, 600

when defendant should move in arrest of judgment, ib.

ACTS OF PARLIAMENT:

copyright in, 41

ADAPTATION :

to English stage of dramatic pieces published abroad, 140
ADMINISTRATION OF JUSTICE:

comments upon, see CONTEMPTS (LIBELLOUS) and COMMENTS ON MATTERS
OF PUBLIC INTEREST.

ADVERTISEMENTS:

in newspaper respecting stolen goods, prohibited under a penalty,
266, 267

on wrappers of magazines or reviews, payment of compositors for, 291, 292
of rewards for evidence, a contempt of court, 377

for information, how far privileged, 431

comments on, protected, 454, 455

AFFIDAVITS:

verifying certificate of publication of parliamentary papers being
authorised, 497

in moving for criminal information for libel, 503, 507

of defendant in mitigation of punishment, 534

of prosecutor in aggravation of punishment, 535

practice on reading, when defendant brought up for judgment, 533

AGENT:

liability for libel published by, 518-521, 525, 526

AGGRAVATION OF PUNISHMENT:

for libel, affidavits in, 535

AGGRIEVED:

who is a person, within 5 & 6 Vict. c. 45, s. 14, 94, 123

ALIEN:

acquisition of copyright here by, 23

whether residence in British dominions at date of publication is neces-
sary in order to acquisition of copyright by, 25-33

residence by, in any part of British dominions, at date of publication is
sufficient, 33

copyright of, in unpublished works, 36

friend may sue for libel, though domiciled abroad, 539

ALMANACS:

copyright in, 39, 40

ALTERATION:

of author's work before publication, 59, 60, 281

of painting, drawing, or photograph, after sale by author, 209
AMENDMENT :

of registration of copyright in books, 92

designs, 618

of variance in proceedings for libel, 522, 577, 587

AMERICA:

law of copyright in, 242–249. (See COPYRIGHT.)

ANALYSIS, see ABRIDGMENTS.

ANIMUS FURANDI:

whether essential to piracy, 181-184

APOLOGY:

with payment into court, plea of, in action for libel, 566

APOLOGY (continued)—

whether other pleas can be pleaded with, 567

evidence of, may be given in mitigation of damages, 568, 595
what evidence of, must prove, 590

how to be inserted in newspaper

form of plea of, 745

notice of intention to give evidence of, in mitigation of damages, 745
ARRANGEMENTS:

between authors and publishers, see CONTRACTS BETWEEN AUTHORS,
PUBLISHERS, PRINTERS, &C.

ARREST OF JUDGMENT:

in criminal prosecutions for libel, 531, 532. (See PROSECUTIONS
(CRIMINAL) FOR LIBEL.)

in action for libel, 600

ARTICLE:

for periodical publication, see PERIODICALS.

ARTIST:

criticisms on works of, 456

reservation by, of copyright in sold painting, drawing, or photograph,
119, 120

form of, 721

agreement by, to assign copyright to vendee of painting, drawing, or
photograph, 120

form of, 722

ASSESSING DAMAGES :

in action for libel, 595, 596. (See DAMAGES.)

ASSIGNMENT OF COPYRIGHT, see TRANSFER OF COPYRIGHT.

AUTHOR:

who may be considered, 78, 79

of book, whether, in order to copyright, there must be a known, 77
of operatic score, who is considered, 78, 134

right of, when contributor to a periodical, see PERIODICALS.
criticisms on works of, 450-454

false imputation of being, 454

remedy of, for inaccurate edition of his work, 281

proof of publication of libel against, 517

(See CONTRACTS BETWEEN AUTHORS, PUBLISHERS, PRINTERS, &C.)
AVERMENTS:

BAIL:

when introductory, are necessary in indictment for libel, 523
of plaintiff's avocation, sometimes material in actions for libel, 584
in actions for libel, 542

need not be proved, 578

where person charged before justices with publication of libel, 512
BANKRUPTCY:

effect of, on ownership of copyright, 149

of newspaper, 150

whether penalties for piracy of paintings, &c. are provable under, 228
BASE COPY:

meaning of, 107

BIBLE:

copyright in English translation of the, 37, 38

BILL OF EXCEPTIONS:

may be tendered in action for libel, 595

BLACK LIST:

liability for publication in, 461, 462

BLASPHEMOUS CONTRACT:
cannot be enforced, 9

BLASPHEMOUS PUBLICATIONS:
grounds of legal interference, 297, 298
in what offence consists, 299

common law decisions as to, 299, 300
legislative enactments as to, 301, 302

what forms of religion may be attacked, 303
how far liberty of discussion is allowed, 303-307

definition of, in New York criminal code, 304, 305

prosecution for publication of Shelley's poems, 307–309

how punishable, 310. (See PROSECUTIONS (CRIMINAL) FOR LIBEL.)
Scotch law as to, 310, 311

justification not allowed in prosecutions for, 528

copies of, may be seized after verdict or judgment by default, 536
and after final judgment disposed of, 537

BOARD OF GUARDIANS:

reports of meetings of, 490

BOARD OF TRADE:

BOOK:

may extend duration of copyright in designs, 609

may extend period for which designs may be provisionally registered, 620
directions for registering designs issued by, 709-718

meaning of, within Copyright Act, 75

duration of copyright in, 76, 77

whether, in order to copyright, there must be a known author, 77
who may be considered author of, 78

how far originality is required in order to confer copyright, 79, 80
copyright in, where subject is common, 81-84

copyright in engravings forming part of, 85

copyright may be of part of, 85

registration of copyright in, 86-88

delivery of copies of, to libraries, 94-96

consequence of non-delivery, 96

power of Privy Council to license publication of, 97

registration of copyright in, under International Copyright Act, 134
(See REGISTRATION, COPYRIGHT, and PIRACY.)

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