18
293
established, had the libel been
groß
ever
so
and scandalous, the defendant would
have been entitled to a verdict.
12.
I have nothing
to
more
say upon
this part of the subject excepting this that
if any
ome
who
was
not a lawyer, judging
hom the form of the Information (which
was famed hom the precedent in these
گرام
Galtier) supposed that the, Alterney General
was
which did not
afouming a power belong to him, or that he
was
compromising the Goverment, nothing could have been easier than for the representative of the brown to have stated at the trial that
this case
differed
in
мо
respect from
am
ordinary case which the Altomey General
deems it his duty to bring before the
صر
Supreme bount of the bolony, leaving
defendant
to make whatever
open to the defence the law allowedt.
one
it
13. Before I conclude I must say word on the subject of casto. when the Governor suggested that the course which I had adopted might entail expense
the bolony, he
on
he was, probably, not aware of
the provisions of 647 Vict. c. qb, S. 8, which
ab
bry
I said before has been law in this
boolony since 1854. By that section it is
the
f enacted" that in no case
#1
ki
14
H
of any
indictment
information by a private prosecutor for
the publication of any defimatory libel, if
judgment shall be given for the defendant
"he shall be entitled to recover hom the
prosecutor the casto sustained by the said