Page:1864-65 Territory of Dakota Session Laws.pdf/106

94 Section 316. Extent of the privilege.

317. Other privileged communications.

318. Threatening to publish a libel.

Sec. 309. Any malicious injury to good name, other than by words orally spoken, is a libel.

Sec. 310. Eve.y person who wilfully, and with a malicious intent to injure another, publishes any libel is guilty of a misdemeanor.

Sec. 311. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

Sec 312. In all criminal prosecutions or indictments for libel, the truth may be given in evider.ce to the jury, and if it shall appear to the jury, that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted.

Sec. 313. To sustain a charge of publishing a libel it is not needful that the words complained of should have been read by any person. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read by any other person than himself.

Sec. 314. Each author, editor, and proprietor, of any book, newspaper or serial publication, and each member of any partnership or incorporated association, by which any book, newspaper, or serial publication is issued, is chargeable with the publication of any words contained in any part of said book, or number of such newspaper or serial.

Sec. 316. No reporter, editor or proprietor of any newspaper, is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice, in making such report, which shall in no case be implied from the mere fact of publication.

Sec. 316. Libelous remarks or comments connected with matter privileged by the last section receive no privilege by reason of their being so connected.