(11) if the publication is made on the invitation or challenge of the person defamed ; or
(12) if the publication is made in order to answer or refute some other defamatory matter published by the person defamed, concerning the person making the pub- lication or some other person; or
(13) if the defamatory matter constitutes an answer to enquiries made of the person publishing it, relating to some subject as to which the person by whom or on whose behalf the enquiry is made, has, or on reasonable grounds, is believed by the person publishing to have an interest in knowing the truth, and if the publication is made in good faith for the purpose of giving information in respect of that matter to that person; or
(14) if the defamatory matter constitutes information given to the person to whom the defamatory matter is published, with respect to some subject as to which he has, or is on reasonable grounds believed to have such an interest in knowing the truth, as to make the conduct of the person giving the information reasonable under the circumstances.
Provided that as regards sub-sections (9), (10), (11), (12), and (13), the person making the publication honestly believes the matter published to be true, the matter published is relevant to the matters the existence of which may excuse the publication of defamatory matter, and the manner and extent of the publication do not exceed what is reasonably sufficient for the occasion; and as regards sub-section (14) that the defama- A. 231. tory matter is relevant to the subject therein mentioned, and B. 238. that it is either true, or is made without ill-will to the
person defamed, and in the honest belief on reasonable grounds that
it is true.
208.—Publication in a Periodical.
C. 384.
Cf. 6 & 7 V. c. 96, s. 7.
B. 238-9.
The criminal responsibility of the proprietor, editor, or pub- lisher, of any newspaper, review, magazine, or other writing or print periodically published (hereinafter called a periodical) for A. 231-2. the publication of any defamatory matter contained therein, C. 385-6. may be rebutted by proof that such publication took place with- out his knowledge and without negligence on his part.
$209.—Sale of Books and Newspapers.
The sale by any person of any book, pamphlet, or other printed or written matter, or of any number or part of any periodical, is not a publication thereof for the purposes of this chapter, unless such person knows that such book, pamphlet, printed or written matter, or number or part, contains defa- matory matter; or, in the case of any part or number of any periodical, that such periodical habitually contains defamatory
matter.
61
TITLE VI.-OFFENCES AGAINST PROPERTY.
485
PUBLIC RECORD OFFICE
Te Tz Ti
Reference :-
C.O.885
A. 238-9.
B. 214-5.
C. 300,
24 & 25 V.
c. 96. 8. 26.
A. 240. B. 246-7. C. 391.
CHAPTER XXI.-STEALING: WHAT IS.
210.—Things capable of being stolen.
The following things, when they are the property of any person, are capable of being stolen-
any movable inanimate thing;
any inanimate thing, which is capable of being made movable, as soon as it is so made, though it is so made in order that it may be stolen ;
provided that nothing growing out of the earth of a value not exceeding one shilling, shall, except wlien it is otherwise provided, be deemed capable of being stolen ;
any tame living creature, whether tame by nature or wild by nature and tamed;
any wild living creature if kept in a state of confine- ment, whilst it is in confinement, and if it is not such a creature as is usually found in a condition of natural liberty in A. B., after it has escaped therefrom;
any oyster or oyster brood when in any oyster bed, lay- ing, or fishery which is sufficiently marked out or known as the property of any person;
gas, electricity, or any mechanical, illuminating, or electrical power.
A wild living creature shall be deemed to be in a state of confinement so long as it is in a den, cage, box, stye, tank, or other small enclosure, or is otherwise so situated that it cannot escape and that its owner can take possession of it at pleasure.
Where a wild living animal is not capable of being stolen, its dead body is not capable of being stolen by the person who killed it, or by any person acting under his order, before it has been reduced into possession by the owner of the land on which it died.
Anything produced by, or forming part of, any living crea- ture capable of being stolen is capable of being stolen.
́211.-Definition of Stealing.
To steal is fraudulently and without claim of right to take
or to convert to the use of any person anything capable of being stolen with intent
(1) to deprive the owner permanently thereof; or
(2) to deprive any person having any special property or interest therein permanently of such property or
interest.
In the case of conversion it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it.
انگاه
7
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO