The libel is the first proceeding in a suit in admiralty in the courts of the United States; Jenks v. Lewis, 3 Mas. 504, Fed. Cas. No. 7,279.
No mesne process can issue in the United States admiralty courts until a libel is filed; 1st Rule in Admiralty. The 22d and 23d rules require certain statements to be con tained An the libel; and to those, and the forms in 2 Conkling, Adm. Pract., the reader is referred. And see Parsons, Marit. Law ; Dunl. Adm. Pr. ; Hall, Adm. Pr.; Ben. Adm.
In Torts. That which is written or print ed, and published, calculated to injure the reputation of another by bringing him into ridicule, hatred, or contempt. 15 M. & W. 344.
Everything, written or printed, which re flects on the character of another and is pub lished without lawful justification or excuse, is a libel, whatever the intention may have been. 15 M. & W. 435.
A malicious defamation, expressed either in printing or writing, and tending either to blacken the memory of one who is dead or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. Bac. Abr. tit. Libel; 1 Hawk. PL Cr. b. 1, c. 73, § 1; Cora. v. Clap, 4 Mass. 168, 3 Am. Dec. 212; 9 B. & C. 172; 4 M. & R. 127; Iron Age Pub. Co. v. Crudup, 85 Ala. 519, 5 South. 332; McGinnis v. Knapp & Co., 109 Mo. 131, 18 S. W. 1134 ; Stewart v. Spe cific Co., 76 Ga. 280, 2 Am. St. Rep. 40; Buck staff v. Viall, 84 Wis. 129, 54 N. W. 111; Staf ford v. Morning Journal Ass'n, 68 Hun 467, 22 N. Y. Supp. 1008 ; 2 Kent 13 ; Poll. Torts § 286.
A censorious or ridiculous writing, pic ture, or sign, made with a malicious or mischievous intent towards government, magistrates, or individuals. Steele v. South wick, 9 Johns. (N. Y.) 215; McCorkle v. Binns, 5 Binn. (Pa.) 340, 6 Am. Dec. 420; Tillson v. Robbins, 68 Me. 295, 28 Am. Rep. 50.
A written statement published without lawful justification or excuse, calculated to convey to those to .whom it is published an imputation on the plaintiff, injurious to his trade, or holding him up to hatred, con tempt, or ridicule. 7 App. Cas. 741.
Published words imputing to another any act which tends to disgrace him or deprive him of the confidence and good will of so ciety, or lessen its esteem for him. Culmer
v. Canby, 101 Fed. 195, 41 C. C. A. 302; Mar tin v. Press Pub. Co., 93 App. Div. 531, 87 N. Y. Supp. 859.
There is a well-settled distinction between verbal slander and written, printed, or pic tured libel ; and this not only in reference to the consequences, as subjecting the parry to an indictment, but also as to the charac ter of the accusations or imputations essen tial to sustain a civil action to recover dam ages. To write and publish maliciously any thing of another, which either makes him ridiculous or holds him out as an unworthy man, is held to be actionable, or punishable criminally, when the speaking of the same words would not be so ; 1 Saund., 6th ed. 247 a; 4 Taunt 355 ; McClurg v. Ross, 5 Binn. (Pa.) 219; Heard, Lib. & S. § 74; Miller v. Butler, 6 Cush. (Mass.) 71, 52 Am. Dec. 768 ; Van Ness v. Hamilton, 19. Johns. (N. L) 349; Colby v. Reynolds, 6 Vt. 489, 27 Am. Dec. 574.
The reasons for this distinction between libel and slander are thus stated : (1) a libel is permanent and may circulate through many hands ; (2) it shows greater malignity on the part of its author than a slander ; (3) it is more likely to lead to a breach of the peace ; Brett, Cora. 453.
The presumption that words are defam atory arises much more readily in cases of libel than in cases of slander ; Collins v. Dispatch Pub. Co., 152 Pa. 187, 25 Atl. 546, 34 Am. St. Rep. 636.
The reduction of the defamatory matter to writing or printing is the most usual mode* of conveying it. The writing may be on any substance and made with any in strument. The exhibition of a libellous pic ture is equally criminal; 2 Campb. 512; 5 Co. 125 b; Com. v. Sharpless, 2 S. & R. (Pa.) 91, 7 Am. Dec. 632; Odg. L. & Sl. 6, 20, 22. Fixing a gallows at a man's door, burning him in effigy, or exhibiting him in any ig nominious manner, is a libel ; Hawk. Pl. Cr. b. 1, c. 73, s. 2 ; 11 East 226 ; Johnson v. Com. (Pa.) 14 AU. 425. So a libel may be published by speaking or singing it in the presence of others ; 7 'Ad. & E. 233 ; or.by a caricature, a chalk mark on a wall, or a statue; Brett, Com. 452.