912 [ 5 OF 1887. ] DEFAMATION AND LIBEL .
to publish . giving twenty -four hours' notice of his intention so to do to the
( 3 and 4 V.
c. 9, s. 1.] prosecutor or plaintiff in such proceeding, a certificate under
the hand of the Governor or the presiding member of such
Council for the time being or of the clerk of the Council stating
that the report, paper , votes, or proceedings as the case may be,
in respect whereof such civil or criminal proceeding shall have
been commenced or prosecuted, 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 such Court or Judge shall thereupon immediately stay such
civil or criminal proceeding, and the same, and every writ of
process issued , shall be and shall be deemed and taken to be
finally put an end to, determined, and superseded by virtue of
this ordinance.
Stay of
proceedings
12. In case of any civil or criminal proceeding hereafter to
when be commenced or prosecuted for or on account or in respect of
commenced the publication of any copy of such report, paper, votes, or
in
a copy of an proceedings, it shall be lawful for the defendant at any stage of
authenticated the proceedings to lay before the Court or Judge such report,
report, & c.
[3 and 4 V. paper, votes, or proceedings, and such copy, with an affidavit
c. 9, s. 2.] verifying such report, paper, votes, or proceedings, and the
correctness of such copy,, and the Court or Judge shall immedia
tely stay such civil or criminal proceeding ; and the same, and
every writ of process issued therein , shall be and shall be deemed
and taken to be finally put an end to, determined and superseded
by virtue of this ordinance.
In proceed- 13. It shall be lawful in any civil or criminal proceeding to
ings for
printing any
extract or
be commenced or prosecuted for printing any extract from or
abstract of a abstract of such report, paper, votes, or proceedings, to give in
paper it may evidence under the general issue in criminal cases, and in civil
be shown such cases in support of any allegation in defence, such report, paper,
bona fide
made .
votes , or proceedings, and to show that such extract or abstract
( 3 and 4 V. was published bona fideand without malice ; and if such shall
č. , s. 3. ] be the opinion of the jury, a verdict of not guilty shall be entered
for the defendant.
Newspaper Libels.
Newspaper
reports of
14. Any report published in anynewspaper of the proceedings
certain of a public meeting shall be privileged, if such meeting was
mectings
privileged.
lawfully convened for a lawful purpose and open to the public,
Î44 and 45 and if such report was fair and accurate and published without
V.c.60,s. 2.) malice, and if the publication of the matter complained of was
for the public benefit ; provided always, that the protection
intended to be afforded by this section shall not be available as
a defence in any proceeding, if the plaintiff or prosecutor can
show that the defendant has refused to insert in the newspaper