PUBLISHE

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  PUBLISHER. One who does by himself or his agents make a thing publicly 
  known; one engaged in the circulation of books, pamphlets, and other papers. 
       2. The publisher of a libel is responsible as if he were the author of 
  it, and it is immaterial whether he has any knowledge of its contents or 
  not; 9 Co. 59; Hawk. P. C. c. 73, Sec. 10; 4 Mason, 115; and it is no 
  justification to him that the name of the author accompanies the libel. 10 


  John, 447; 2 Moo. & R. 312. 
       3. When the publication is made by writing or printing, if the matter 
  be libelous, the publisher may be indicted for a misdemeanor, provided it 
  was made by his direction or consent, but if he was the owner of a newspaper 
  merely, and the publication was made by his servants or agents, without any 
  consent or knowledge on his part, he will not be liable to a criminal 
  prosecution. In either case he will be liable to an action for damages 
  sustained by the party aggrieved. 7 John. 260. 
       4. In order to render the publisher amenable to the law, the 
  publication must be maliciously made, but malice will be presumed if the 
  matter be libelous. This presumption, however, will be rebutted, if the 
  publication be made for some lawful purpose, as, drawing up a bill of 
  indictment, in which the libelous words are embodied, for the purpose of 
  prosecuting the libeler; or if it evidently appear the publisher did not, at 
  the time of publication, know that the matter was libelous as, when a person 
  reads a libel presence of others, without beforehand knowing it to be such. 
  9 Co. 59. See Libel; Libeler; Publication.