DEFAMATION AND LIBEL, [ 5 OF 1887. ] 913
in which the report containing the matter complained ofappeared ,
a reasonable letter or statement or explanation or contradiction
by or on behalf of such plaintiff or prosecutor ,
15. No criminal prosecution shall be commenced before a No prosecu.
tion for
Court of Summary Jurisdiction against any proprietor, publisher,
editor, or any person responsible for the publication of a news- libel without
paper for any libel published therein , without the written fiat or Attorney
General .
allowance ofthe Attorney General being first had and obtained. ( 44 and 45 V.
c. 60, s. 3.]
16. Nothing in this ordinance shall apply to ex -officio Ex-officio
informations filed by the Attorney General nor to informations informations
by the Registrar of the Supreme Court by the direction of the affected .
Court at the instance of some private individual.
17. A Court of Summary Jurisdiction upon the hearing of a Inquiry by as
charge against a proprietor, publisher, or editor, or any person to libel being
responsible for the publication of a newspaper, for a libel pub- for public
lished therein, may receive evidence as to the publication being being true.
for the public benefit, and as to the matters charged in the libel (11 and 45 v.
c. 60, s. 4.]
being true, and as to the report being fair and accurate, and
published without malice, and as to any matter which under
this or any other ordinance, or otherwise, might be given in
evidence by way of defence by the person charged on his trial
on information, and the Court if of opinion after hearing such
evidence that there is a strong or probable presumption that
the jury on the trial would acquit the person charged , may
dismiss the case.
18. Notwithstanding anything to the contrary contained in Provision as
Ordinance No. 16 of 1875 * if the Court of Summary Jurisdic- conviction for
tion upon the hearing of a charge against a proprietor, publisher, libel.and 45 V.
editor, or any personresponsible for the publication of a news: 6.60,8. 5.)
paper for a libel published therein, is of opinion that though the by[* Repealed
Ordinance
person charged is shown to have been guilty , the libel was of a No. 10 of
trivial character, and that the offence may be adequately pub- 1890.)
lished by virtue of the powers of this section , such Court shall
cause the charge to be reduced into writing and read to the
person charged , and then address a question to him to the fol
İowing 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 such
Court may summarily convict him and adjudge him to pay a
fine not exceeding two hundred and fifty dollars.