where a man in fear of death or mayhem, is compelled to execute a deed or do any other legal act, these acts may afterwards be avoided. A man thus constrained is said to be under "duress."

Blackstone specifies two sorts of duress: "duress of imprisonment, where a man actually loses his liberty, and duress per minas, where the hardship is only threatened and impending." The same author states that duress per minas is either for fear of loss of life or mayhem, and it must be upon sufficient reason, and not unfounded. "A fear of battery, or being beaten, though ever so well grounded, is no duress; neither is the fear of having one's house burned, or one's goods taken away and destroyed; because in these cases, should the threat be performed, a man may have satisfaction by recovering equivalent damages; but no suitable atonement can be made for the loss of life or limb." (1 Bl. Com. 131.)

Sec. 255. SAME SUBJECT-SUPPORT.-The common law, as well as its great commentator, recognized that the protection to life and limb might prove futile, unless some provision were made for the gaining of a livelihood or the means of support in all cases. In this connection Blackstone observes, "there is no man so indigent or wretched but he may demand a supply sufficient for all the necessities of life from the more opulent part of the community, by means of the several statutes enacted for the relief of the poor.

*1 Bl. Com. 131: It is passing strange that while we still recognize the right of assisting individuals in extremis, that there are those who resist the right of the common government, by

Sec. 256. SECURITY OF BODY.-The body as well as the members useful for offense or defense are entitled to protection from corporal insults of every kind. Injuries to the body and limbs of a person may be in the way of a threat, assault, beating, wounding or mayhem, each of which we shall notice briefly.

1. Threats. These constitute an inchoate rather than an absolute violence. The injury consists in the threats and menaces of bodily hurt, through fear of which a man's business is interrupted. Both a menace and a consequent inconvenience are necessary to complete the wrong. The common law remedy for this injury lies in money damages recoverable by action. At present the person threatening may be compelled to enter into recognizance with sureties to keep the peace.

2. Assault. At common law an assault is explained as an offer to beat another, without touching him; as where one lifts up his cane, or his fist, in a threatening manner at another; or strikes at him, but misses him; this is an assault. It is an inchoate violence of a higher nature than mere threats, and an action for damages is also given. The offense is defined by State statutes.

3. Battery. This is defined as the unlawful beating of another. The least touching of another's person wilfully, or in anger, is a battery. A battery may be justified where one has the authority of a parent, master, teacher, etc., or where it is done in self-defense. And

modifying conditions, to prevent a freeman from being reduced to this pitiable plight.

1

because of these instances of justification, the offense is better defined as the unlawful beating of another. An appropriate action for damage is given.

4. Wounding. This consists in giving another some dangerous hurt, and is only an aggravated species of battery.

5. Mayhem. Consists in violently depriving another of the use of a member proper for his defense in fight. The common law regarded the loss of an arm, leg, finger, eye, front tooth, etc., as mayhem; but the loss of a jaw tooth, ear or nose was not held to be mayhem. An action for damages was given, and in particular cases these damages were trebled by statute.*

The common law, as well as the statute law, in force in the various States, regards the offenses just described as crimes for which an indictment lies, as well as a civil action for damages. These will be more fully considered under the subject, "Criminal Law," in a succeeding number of the series.

Sec. 257. PROTECTION TO HEALTH.—A man's health is to be protected from such practices on the part of others as may affect or destroy it. At common law, "any unwholesome practices of another," by which a man sustains damage in vigor or constitution, were actionable. Thus, selling bad provisions or wine, the exercise of a noisome trade which infects the air in the vicinity, and unskillfulness in a physician, surgeon or apothecary, which were wrongs unaccompanied by

*See 3 Bl. Com. 120, 121.

force, were remedied by the special action for damages, called "trespass upon the case." (3 Bl. Com. 122.) Modern statutes preserve and enlarge the remedies given by the common law. Pure food laws have been passed in various States, inspection of the chief articles of diet are provided for, and appropriate penalties provided for manufacture or sale of impure or adulterated foods or drugs.* Damages are recoverable for malpractice, or the negligent or incompetent treatment by a physician or surgeon, and quite generally registration laws, prescribing the qualifications of dentists, doctors, druggists, etc., are enforced in the several States.

Sec. 258. PROTECTION TO REPUTATION. -"Every man," says Blackstone, "is entitled, by reason and natural justice, to the security of his good name and reputation from the arts of detraction and slander," observing, that without these, it is impossible to have the perfect enjoyment of any other advantage or right. (1 Bl. Com. 134.)

A person's reputation and good name may be injured by the acts or offenses of others known as slander, libel, and malicious prosecution, each of which we shall consider briefly.

Sec. 259. SAME SUBJECT-SLANDER.Slander is oral defamation, by speaking malicious, scandalous and untrue words tending to the damage and derogation of a person. Damages may be recovered by action in each of the following cases: 1. For words

*See Rev. Stat. of Ohio, Tit. V, Ch. A.

falsely spoken of a person, which impute to him the commission of some criminal offense involving moral turpitude, for which the party, if the charge were true, might be indicted and punished; 2. words falsely spoken of a person, which impute that he is infected with some contagious disease, where, if the charge were true, it would exclude the party from society; 3. words falsely spoken of a person, which impute to him unfitness to perform the duties of an office or employment of profit, or the want of integrity in the discharge of the duties of such an office; 4. words falsely spoken, which prejudice him in his profession or trade; 5. defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion him special damage. (Pollard v.

Lyon, 91 U. S. 225.)

The slanderous words mentioned in all save the last division above are said to be actionable per se, that is, by or in themselves, for which damage is presumed to have happened and need not be proven. In other cases, and where the words do not apparently import such defamation as will of course be injurious, it is necessary that the plaintiff should aver some particular damage to have happened because of their utterance. The defendant may always prove the words spoken to be true, and then no action lies, though damage has occurred, for speaking the truth is no slander or false tale. So, mere advice, criticism, or warning are not actionable. This action is now defined by statute and mitigating circumstances may always be shown to re