Page:United States Statutes at Large Volume 76A.djvu/177

–81– -81(2) except as provided by subsection (b) of this section, in a judicial proceeding or other official proceeding authorized by law; (3) in a communication, without malice, to a person interested therein, by one who: (A) is also interested; or (B) stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent; or (C) is requested by the person interested to give the information; (4) by a fair and true report, without malice, in a public journal, of: (A) a judicial or other public official proceeding; or (B) anything said in the course thereof; or (C) a verified charge or complaint made by a person to a public official, upon which a warrant has been issued; (5) by a fair and true report of the proceedings of a public meeting, without malice, if: (A) the meeting was lawfully convened for a lawful purpose; or (B) the publication of the matter complained of was for the public benefit. (b) An allegation or averment contained in a pleading or affidavit filed in an action for divorce or an action prosecuted pursuant to section 234 of Title 8, made about a person by or against whom no affirmative relief is not prayed in the action, is not a privileged publication as to the person making the allegation or averment within the meaning of this section, unless: (1) the pleading is verified or the affidavit is sworn to, and is made without malice by a person having reasonable and probable cause for believing the truth of the allegation or averment; and (2) the allegation or averment is material and relevant to the issues in the action. (c) In the cases provided for by clauses (3), (4) and (5) of subsection (a) of this section, malice is not inferred from the communication or publication. § 76. Abduction and seduction The rights of personal relations forbid the: (1) abduction or enticement of a child from a parent, or from a guardian entitled to its custody; or (2) seduction of a person below 21 years of age, or of a person who, through unsoundness of mind, temporary or permanent, is incapable of giving legal consent. § 77. Wrongs not actionable A cause of action does not arise for: ^ 1) alienation of affections; (2) criminal conversation; (3) the seduction of a person over 21 years of age, unless she was incapable of giving legal consent through unsoundness of mind, temporary or permanent: (4) breach of promise of marriage; or (6) a fraudulent promise to marry or to cohabit after marriage. § 78. Right to use force Necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest.

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