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In mitiori sensu |
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IN MITIORI SENSU, construction. Formerly in actions of slander it was a rule
to take the expression used in mitiori sensu, in the mildest acceptation;
and ingenuity was, upon these occasions, continually exercised to devise or
discover a meaning which by some remote possibility the speaker might have
intended; and some ludicrous examples of this ingenuity may be found. To say
of a man who was making his livelihood by buying and selling merchandise, he
is a base, broken rascal, he has broken twice, and I'll make him break a
third time, was gravely asserted not to be actionable -- "ne poet dar porter
action, car poet estre intend de burstness de belly," Latch, 114. And to
call a man a thief was declared to be no slander for this reason, "perhaps
the speaker might mean he had stolen a lady's heart."
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