DEFAMATION AND LIBEL.
No. 1 of 1887.
371
17. If a Magistrate, on the hearing of such a charge is of opinion that, though the person charged is shown to have been guilty, the libel was of a trivial character, and that the offence may be adequately punished by virtue of the powers of this section, he shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury or do you consent to the case being dealt with summarily?" and if such person assents to the case being dealt with summarily, the Magistrate may summarily convict him and adjudge him to pay a fine not exceeding 250 dollars.
18. At the trial of an action for a libel contained in any newspaper the defendant shall be at liberty to give in evidence in mitigation of damages that the plaintiff has already recovered (or has brought actions for) damages, or has received or agreed to receive compensation in respect of a libel or libels to the same purport or effect as the libel for which such action has been brought.
[44 & 45 Vict. c. 60 s. 5.]
[51 & 52 Vict. c. 64 s. 6.]
19. (1) No criminal prosecution shall be commenced against any proprietor, publisher, editor, or any person responsible for the publication of a newspaper for any libel published therein without the order of a Judge in Chambers being first had and obtained.
(2) The application for such order shall be made on notice to the accused person, who shall have an opportunity of being heard against such application.
[ib. s. 8.]
20. (1) It shall be competent for the Supreme Court, on an application by or on behalf of two or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions; and after such order has been made, and before the trial of the said actions, the defendants in any new actions instituted in respect to the same, or substantially the same, libel shall also be entitled to be joined in a common action on a joint application being made by such new defendants and the defendants in the actions already consolidated.
(2) In such consolidated action the jury shall assess the whole amount of the damages, if any, in one sum, but a separate verdict shall be taken for or against each defendant in the same way as in other cases.
* As amended by No. 62 of 1911 and No. 63 of 1911.
* As amended by No. 63 of 1911.