ORDINANCE No. 5 OF 1887. 2095
Defamation and Libel.
3. In any action or suit for defamation it shall be lawful for the ( ffer of an
apology ad
defendant ( after notice in writing of his intention so to do , duly given to missible in
evidence in
the plaintiff within a reasonable time before the hearing of the cause ) to mitigation of
damages in
give in evidence in mitigation of damages that he made or offered an action or suit
for defama
apology to the plaintiff for such defamation before the commencement of tion.
[6 and 7 V. c.
the action or suit or as soon afterwards as he had an opportunity of doing 96.1.1
so in case the action or suit shall have been commenced before there was
an opportunity of making or offering such apology.
4. In an action or suit for a libel contained in any public newspaper Plea of
absence of
or other periodical publication it shall be competent to the defendant to malice, & c.,
and of
set up as a defence that such libel was inserted in such newspaper or apology.
[6 and 7 V. c.
other periodical publication without actual malice, and without gross 96 s. 2. ]
negligence, and that before the commencement of the action or suit or at
the earliest opportunity afterwards, he inserted in such newspaper or
other periodical publication a full apology for the said libel , or if the
newspaper or periodical publication in which the said libel appeared should
be ordinarily published at intervals exceeding one week, had offered to
publish the said apology in any newspaper or periodical publication to be
selected by the plaintiff in such action or suit or that to such defence to
such action or suit it shall be competent to the plaintiff to reply generally
denying the whole of such defence provided always that it shall not be
competent to any defendant in such action or suit to file any such defence
as aforesaid without at the same time making a payment of money into
Court by way of amends and every such defence so filed without such
payment into Court shall be deemed a nullity and may be treated as such
by the plaintiff in the action or suit.
5. If any person shall publish or threaten to publish any libel upon Publishing or
threatening
any other person, or shall directly or indirectly threaten to print or to publish a
libel or pro
publish, or shall directly or indirectly propose to abstain from printing or posing to
abstain from
publishing any matter or thing touching any other person with intent to publishing
any thing
extort any money or security for money, or any valuable thing from such with intent to
extort money,
or any other person , or with intent to induce any person to confer or punishable by
procure for any person any appointment or office of profit or trust, every imprisonment
hard
labour.
such offender, on being convicted thereof on information shall be liable [6 and 7 V. c.
96, s. 3. ]
to imprisonment with or without hard labour, for any term not exceeding
three years ; provided always, that nothing herein contained shall in any
minner alter or affect any law or Ordinance now in force in respect of the
sending or delivery of threatening letters or writings.