Defamation and Libel.
[CAP. 21
in this Ordinance shall take away or prejudice any defence under a plea of not guilty which it is now competent to the defendant to make under such plea to any information for defamatory words or libel.
•
[8
rebut prima
publication
6 & 7 Vict.
8. Whenever, on the trial of any information for the Evidence to publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
c. 96, s. 7.
9. (1) In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of the information, and upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea.
(2) Costs so to be recovered by the defendant or prosecutor respectively shall be taxed by the proper officer of the court before which the information is tried.
[10
prosecutor
Right of and of costs on for private
& 7 Vict.
defendant to
prosecution
libel.
c. 96, s. 8.
proceeding
person for
of papers
printed by Legislative certificate of authority
order of
Council upon
and affidavit
to publish.
10. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced for or on account or in respect of the publication by such person or by his servant of any report of the Legislative Council by or under the authority of such Council, to bring before the court in which such proceeding has been commenced, or before a judge, first giving twenty-four hours' notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presiding member of such Council for the time being, or of the Clerk of Councils, stating that the report in respect whereof the proceeding has been commenced was published by such person or by his servant by order or under the authority of such Council, together with an affidavit verifying such certificate; and the
3 & 4 Vict.
c. 9, s. 1.
409