ORDINANCE No. 5 of 1887.
Defamation and Libel.
without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part.
10. In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such information and upon a special plea of justification to such information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said information is tried.
11. It shall and may be lawful for any person who now is, or hereafter shall be a defendant in any civil or criminal proceedings commenced or prosecuted in any manner soever, for or on account or in respect of the publication by any such person or by his servant of any reports, papers, votes, or proceedings of the Legislative Council of the Colony by or under the authority of such Council, to bring before the Court in which such proceeding shall have been or shall be so commenced or prosecuted, or before any Judge of the same first giving twenty-four hours notice of his intention so to do to the 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and every writ of process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded by virtue of this Ordinance.
2097
On prosecution for private libel defendant entitled to costs on acquittal. [6 and 7 V. c. 96, s. 8.]
Stay of civil or criminal proceedings against person for publication of papers printed by order of the Colonial Council upon certificate and affidavit of authority to publish. [3 and 4 V. c. 9, s. 1.]
Stay of proceedings commenced in respect of a copy of an authenticated report, &c. (3 and 4 V. c. 9, s. 2.)
12. In case of any civil or criminal proceeding hereafter to be commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes, or proceedings, it shall be lawful for the defendant at any stage of the proceedings to lay before the Court or Judge such report, paper, votes, or proceedings, and such copy, with an affidavit verifying such report, paper, votes, or proceedings, and the copy.
ORDINANCE No. 5 or 1887.
Defamation and Libel.
without his authority, consent, or knowledge, and that the said publica- tion did not arise from want of due care or caution on his part.
10. In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such information and upon a special plea of justification to such information, if the issue be found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said information is tried.
11. It shall and may be lawful for any person who now is, or bere- after shall be a defendant in any civil or criminal proceedings commenced or prosecuted in any manner soever, for or on account or in respect of the publication by any such person or by his servant of any reports, papers, votes, or proceedings of the Legislative Council of the Colony by or under the authority of such Council, to bring before the Court in which such proceeding shall have been or shall be so commenced or pro- secuted, or before any Judge of the same first giving twenty-four hours notice of his intention so to do to the prosecutor or plaintiff in such pro- ceeding, 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.
2097
On prosecu- private libel
tion for
defendant entitled to costs on acquittal. [6 and 7 V. c. 96, s. 8.]
Stay of civil or criminal proceedings against person
tion of papers
for publica- printed Colonial
by order of the
Council upon certificate and affidavit of
authority to
publish.
and V.
c. 9, s. 1.]
Stay of proceedings
commenced in respect of a copy of an
12. In case of any civil or criminal proceeding hereafter to be com- menced or prosecuted for or on account or in respect of the publication when of any copy of such report, paper, votes, or proceedings, it shall be law- ful for the defendant at any stage of the proceedings to lay before the Court or Judge such report, paper, votes, or proceedings, and such copy, with an affidavit verifying such report, paper, votes, or proceedings, and
authenticated. [3 and 4 V.
report, &c. (3
c. 9, s. 2.]
No comments yet.
Private notes are available after approval.