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III. And be it enacted, That if any Person shall publish or threaten to publish Publishing or thres any Libel upon any other Person, or shall directly or indirectly threaten to print or atening to publish publish, or shall directly or indirectly propose to abstain from printing or publish- ing to abstain from a Libel, or propos ing, or shall directly or indirectly offer to prevent the printing or publishing, of any publishing any Matter or Thing touching any other Person, with Intent to extort any Money or thing, with intent Security for Money, or any valuable Thing from such or any other Person, or with to extort Money, Intent to induce any Person to confer or procure for any person any Appointment punishable by Im or Office of Profit or Trust, every such Offender, on being convicted thereof, shall hard Labour.
prisonment and be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Three Years: Provided always, that nothing herein contained shall in any Manner alter or affect any Law now in force in respect of the sending or Delivery of threatening Letters or Writings.
IV. And be it enacted, That if any Person shall maliciously publish any defama- False defamatory tory Libel, knowing the same to be false, every such Person, being convicted Libel punishable thereof, shall be liable to be imprisoned in the Common Gaol or House of Correction by imprisonment for any Term not exceeding Two Years, and to pay such Fine as the Court shall
and Fine; award.
V. And be it enacted, That if any Person shall maliciously publish any defama- Malicious defama tory Libel, every such Person, being convicted thereof, shall be liable to Fine or tory Libel, by Im- Imprisonment or both, as the Court may award, such Imprisonment not to exceed prisonment or the Term of One Year.
Fine.
VI. And be it enacted, That on the Trial of any Indictment or Information for a Proceedings upon defamatory Libel, the Defendant having pleaded such Plea as herein-after mention- the Trial of an In ed, the Truth of the Matters charged may be inquired into, but shall not amount dictment or Infor to a Defence, unless was for the Public Benefit that the said Matters charged mation for a defa, should be published; and that to entitle the Defendant to give Evidence of the matory Libel. Truth of such Matters charged as a Defence to such Indictment or Information it shall be necessary for the Defendant, in pleading to the said Indictment or Informa- tion, to allege the Truth of the said Matters charged in the Manner now required in pleading a Justification to an Action for Defamation, and further to allege that it was for the Public Benefit that the said Matters charged should be published, and the particular Fact or Facts by reason whereof it was for the Public Benefit that the said Matters charged should be published, to which Plea the Prosecutor shall be at liberty to reply generally, denying the whole thereof; and that if after such Plea the Defendant shall be convicted on such Indictment or Information it shall be competent to the Court, in pronouncing Sentence, to consider whether the Guilt of the Defendaut is aggravated or mitigated by the said Plea, and by the Evidence given to prove or to disprove the same: Provided always that the Truth of the Matters charged in the alleged Libel complained of by such Indictment or Informa- tion shall in no Case be inquired into without such Plea of Justification: Provided Double Plea. also, that in addition to such Plea it shall be competent to the Defendant to plead
a Plea of Not guilty: Provided also, that nothing in this Act contained shall take Proviso as to Plea away or prejudice any Defence under the Plea of Not guilty which it is now com- of Not guilty in petent to the Defendant to make under such Plea to any Action or Indictment or Civil and Criminal Information for defamatory Words or Libel.
Proceedings.
VII. And be it enacted, That whensoever, upon the Trial of any Indictment or Evidence to rebut Information for the Publication of a Libel, under the Plea of Not guilty, Evidence prima facie Casc shall have been given which shall establish a presumptive Case of Publication of Publication by against the Defendant by the Act of any other Person by his Authority, it shall be
an Agent. competent to such Defendant to prove that such Publication was made without his Authority, Consent, or Knowledge, and that the said Publication did not arise from Want of due Care or Caution on his Part.
VIII. And be it enacted, That in the Case of any Indictment or Information by On Prosecution for a private Prosecutor for the Publication of any defamatory Libel, if Judgment shall private Libel. De- be given for the Defendant, he shall be entitled to recover from the Prosecutor the fendant entitled to Costs sustained by the said Defendant by reason of such Indictment or Information;
Costs on Acquittal. and that upon a special Plea of Justification to such Indictment or Information, if the Issue be found for the Prosecutor, he shall be entitled to recover from the Defendant the Costs sustained by the Prosecutor by reason of such Plea, such Costs so to be recovered by the Defendant or Prosecutor respectively to be taxed by the proper Officer of the Court before which the said I. dictment or Information is tried.
IX. And be it enacted, That wherever throughout this Act, in describing the Interpretation Plaintiff or the Defendant, or the Party affected or intended to be affected by the Act. Offence, Words are used importing the Singular Number or the Masculine Gender only, yet they shall be understood to include several Persons as well as one Person, and Females as well as Males, unless when the Nature of the Provision or the Context of the Act shall exclude such Construction.
of
X. And be it enacted, That this Act shall take effect from the First Day of Commencement November next; and that nothing in this Act contained shall extend to Scotland. and Extent of Act, Frinted and Published by RoBT, STRACHAN, at the Hongkong Register Office, Quccu's Road, Victoria, Hongkong,