true, and was published with good motives and for justifiable ends. The publication is excused when it is honestly made, in the belief of its truth and upon reasonable grounds for this belief, and consists of fair comments upon the conduct of a person in respect of public affairs, or upon a thing which the proprietor thereof offers or explains to the public. § 245. Publication defined. To sustain a charge of publishing a libel, it is not necessary that the matter complained of should have been seen by another. It is enough that the defendant knowingly displayed it, or parted with its immediate custody, under circumstances which exposed it to be seen or understood by another person than himself. § 246. Liability of editors and others. Every editor or proprietor of a book, newspaper or serial, and every manager of a partnership or incorporated association, by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him sơ soon as known. § 247. Publishing a true report of public official proceedings. A prosecution for libel cannot be maintained against a reporter, editor, publisher, or proprietor of a newspaper, for the publication therein, of a fair and true report of any judicial, legislative or other public and official proceeding, or of any statement, speech, argument or debate in the course of the same, without proving actual malice in making the report. 3 R. S. 1026, § 84. § 248. Qualification of last section. The last section does not apply to a libel contained in the heading of the report, or in any other matter added by any other person concerned in the publication; or in the report of any thing said or done at the time and place of the public and official proceeding, which was not a part thereof. 3 R. S. 1026, § 85. § 249. Indictment against resident. An indictment for a libel, contained in a newspaper published within this state, against a resident thereof, may be found either in the county where the paper was published, or in the county where the person libeled resided when the offense was committed. In the latter case the defendant is entitled to an order of the supreme court, directing the indictment against him to be tried in the county in which the paper was printed and published, upon compliance with the following conditions: 1. He must apply for the order within thirty days after being committed upon, or giving bail to answer, the indictment; 2. He must execute a bond to the complainant, with two sufficient sureties, approved by the judge hearing his application, in a penal sum fixed by the judge, not less than two hundred and fifty nor more than one thousand dollars, conditioned for the payment, in case the defendant is convicted, of all the complainant's reasonable expenses in going to and from his place of residence and the place of trial, and in attendance upon the trial; 3. He must, within ten days after the granting of the order, file the order and deposit the bond with the clerk of the county in which the indictment is pending. § 250. Id.; against non-resident. An indictment for a libel published against a person not a resident of this state, must be found and tried in the county where the paper containing the libel purports upon its face to be published; or, if no county is indicated upon the face of the paper, in any county where the paper was circulated. 3 R. S. 1025, § 81. § 251. Id.; punishment restricted. A person cannot be indicted or tried for the publication of the same libel, against the same person, in more than one county. § 252. Id.; power of court, place of trial. Nothing contained in this chapter shall be construed to abridge, or in any manner affect, the power of a competent court, to change the place of trial of an indictment for libel, in the same manner as may lawfully be done, in respect to any other indictment. § 253. Privileged communications. A communication made to a person entitled to, or interested in, the communication by one who was also interested in or entitled to make it, or who stood in such a relation to the former as to afford a reasonable ground for supposing his motive innocent, is presumed not to be malicious, and is called a privileged communication. § 254. Threatening to publish libel. A person who threatens another with the publication of a libel, concerning the latter or concerning any parent, husband, wife, child or other member of the family of the latter, and a person who offers to prevent the publica. tion of a libel upon another person upon condition of the payment of, or with intent to extort, money or other valuable consideration from any person, is guilty of a misdemeanor. 3 R. S. 969, § 2. TITLE X. OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MORALS. CHAPTER I. II. III. Crimes against religious liberty and conscience. Rape, abduction, carnal abuse of children, and seduction. IV. Abortions and concealing death of infant. V. Bigamy, incest and the crime against nature. VI. Violating sepulture and the remains of the dead. VII. Indecent exposures, obscene exhibitions, books and prints and disorderly houses VIII. Lotteries. IX. Gaming. X. Pawnbrokers. CHAPTER I. OF CRIMES AGAINST RELIGIOUS LIBERTY AND CONSCIENCE. SECTION 255. Profane swearing defined. 256. Punishment of profane swearing. 257. Summary conviction for profane swearing. 266. Trades, manufactures, and mechanical employments. 268. Serving process. 269. Punishment of Sabbath breaking. 270. Forfeiture of commodities exposed for sale. 271. Remedy for maliciously serving process. 272. Compelling adoption of a form of belief. 273, Preventing performance of religious act. 275. Definition of the offense. 276. Processions and parades. 277. Theatrical and other performances. § 255. Repealed, 1882. § 256. Repealed, 1882. § 257. Repealed, 1882. § 258. Repealed, 1882 259. The Sabbath. The first day of the week being by general consent set apart for rest and religious uses, the law pro hibits the doing on that day of certain acts hereinafter specified, which are serious interruptions of the repose and religious liberty of the community. § 260. Sabbath breaking. A violation of the foregoing prohibition is Sabbath breaking. § 261. Day defined. Under the term "day," as employed in the phrase 'first day of the week," when used in this chapter, is included all the time from midnight to midnight. § 262. Repealed, 1882. § 263. Labor prohibited. All labor on Sunday is prohibited, excepting the works of necessity and charity. In works of necessity or charity is included whatever is needful during the day for the good order, health or comfort of the community. § 264. Persons observing another day as a Sabbath. It is a sufficient defense to a prosecution for work or labor on the first day of the week, that the defendant uniformly keeps another day of the week as holy time, and does not labor on that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. § 265. Public sports. All shooting, hunting, fishing, playing, horse-racing, gaming or other public sport, exercises or shows, upon the first day of the week, and all noise disturbing the peace of the day, are prohibited. § 266. Trades, manufactures, and mechanical employments. All trades, manufactures, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity, they may be performed on that day, in their usual and orderly manner, so as not to interfere with the repose and religious liberty of the community § 267. Public traffic. All manner of public selling or offering for sale of any property upon Sunday is prohibited, except that articles of food may be sold and supplied at any time before ten o'clock in the morning, and except also that meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; and prepared tobacco in places other than where spirituous or malt liquors or wines are kept or offered for sale, and fruit, confectionery, whatever, upon the first day of the week, is prohibited, excep cases of breach of the peace, or apprehended breach of the peac when sued out for the apprehension of a person charged with cr or except where such service is specially authorized by statute. 269. [am'd 1887.] Sabbath breaking. Sabbath breaking misdemeanor, punishable by a fine not less than $5 and not more $10, or by imprisonment in a county jail not exceeding five days, both, but for a second or other offense, where the party shall been previously convicted, it shall be punishable by a fine not than $10 and not more than $20, and by imprisonment in a count not less than five nor more than twenty days. § 270. Forfeiture of commodities exposed for sale. In tion to the penalty imposed by the last section, all property commodities exposed for sale on the first day of the week in tion of the provisions of this chapter shall be forfeited. Upon viction of the offender by a justice of the peace of a county, any police justice or magistrate, or by a mayor, recorder or alder of a city, such officer shall issue a warrant for the seizure of the feited articles, which, when seized, shall be sold on one day's no and the proceeds paid to the overseers of the poor, for the use o poor of the town or city. 2 R. S. 929, § 85. $271. Remedy for maliciously serving process. Who maliciously procures any process in a civil action to be serve Saturday, upon any person who keeps Saturday as holy time does not labor on that day, or serves upon him any process re able on that day, or maliciously procures any civil action to w such person is a party to be adjourned to that day for trial, is g of a misdemeanor. 3 R. S. 929, §§ 88, 89. § 272. Compelling adoption of a form of belief. An att by means of threats or violence, to compel any person to a practice or profess a particular form of religious belief, is a m meanor. § 273. Preventing performance of religious act. A person willfully prevents by threats or violence another person from forming any lawful act enjoined upon or recommended to person by the religion which he professes, is guilty of a m meanor. |