A.D. 1887.]
DEFAMATION AND LIBEL.
[No. 1.
511
the defendant shall be at liberty to give in evidence in mitigation of damages that the plaintiff has already recovered (or has brought actions for) damages or has received or agreed to receive compensation in respect of a libel or libels to the same purport or effect as the libel for which such action has been brought.
51 & 52 Vict. c. 64 s. 6.
Order of Judge required for prosecution of newspaper proprietor, &c.
19.--(1.) No criminal prosecution shall be commenced against any proprietor, publisher, editor, or any person responsible for the publication of a newspaper for any libel published therein without the order of a Judge at Chambers being first had and obtained.
Ib. s. 8.
(2.) The application for such order shall be made on notice to the accused person, who shall have an opportunity of being heard against such application.
Miscellaneous Provisions.
20.—(1.) It shall be competent for the Supreme Court, on an application by or on behalf of two or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions, so that they shall be tried together; and after such order has been made, and before the trial of the said actions, the defendants in any new actions instituted in respect to the same, or substantially the same, libel shall also be entitled to be joined in a common action on a joint application being made by such new defendants and the defendants in the actions already consolidated.
(2.) In a consolidated action under this section the jury shall assess the whole amount of the damages, if any, in one sum, but a separate verdict shall be taken for or against each defendant in the same way as if the actions consolidated had been tried separately; and if the jury have found a verdict against the defendant or defendants in more than one of the actions so consolidated, they shall proceed to apportion the amount of damages which they have so found between and against the said last-mentioned defendants; and similar provisions shall apply if the trial is before a Judge without a jury. The Judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he may deem just for the apportionment of such costs between and against such defendants.
Obscene matter need not be set forth in information or other judicial proceeding.
21. It shall not be necessary to set out in any information or other judicial proceeding instituted against the publisher of any obscene libel the obscene passages, but it shall be sufficient to deposit the book, newspaper, or other document containing the alleged libel with the information or other judicial proceeding, together with particulars showing precisely, by reference to pages, columns, and lines, in what part of the book, newspaper, or other document the alleged libel is to be found, and such particulars shall be considered part of the information or other judicial proceeding.
76. s. 7.
A.D. 1887.]
DEFAMATION AND LIBEL.
[No. 1.
511
the defendant shall be at liberty to give in evidence in mitigation of defendant to
give certain damages that the plaintiff has already recovered (or has brought actions evidence in for) damages or has received or agreed to receive compensation in respect mitigation of
damages. of a libel or libels to the same purport or effect as the libel for which such 51 & 52 Viet. action has been brought.
c. 64 s. 6.
Order of
required for
19.--(1.) No criminal prosecution shall be commenced against any proprietor, publisher, editor, or any person responsible for the publica- Judge tion of a newspaper for any libel published therein without the order of prosecution a Judge at Chambers being first had and obtained.
of newspaper proprietor,
Ib. s. 8.
(2.) The application for such order shall be made on notice to the ete accused person, who shall have an opportunity of being heard against such application.
Miscellaneous Provisions.
of actions. M. s. 5.
20.—(1.) It shall be competent for the Supreme Court, on an applica- Consolidation tion by or on behalf of two or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions, so that they shall be tried together; and after such order has been made, and before the trial of the said actions, the defendants in any new actions in- stituted in respect to the same, or substantially the same, libel shall also be entitled to be joined in a common action on a joint.application being made by such new defendants and the defendants in the actions already consolidated.
(2.) In a consolidated action under this section the jury shall assess the whole amount of the damages, if any, in one sum, but a separate verdict shall be taken for or against each defendant in the same way as if the actions consolidated had been tried separately; and if the jury have found a verdict against the defendant or defendants in more than one of the actions so consolidated, they shall proceed to apportion the amount of damages which they have so found between and against the said last-mentioned defendants; and similar provisions shall apply if the trial is before a Judge without a jury. The Judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he may deem just for the apportionment of such costs between and against such defendants.
matter need not be set
forth in
information
21. It shall not be necessary to set out in any information or other Obscene judicial proceeding instituted against the publisher of any obscene libel the obscene passages, but it shall be sufficient to deposit the book, news- paper, or other document containing the alleged libel with the information or other judicial proceeding, together with particulars showing precisely,
ceeding. by reference to pages, columns, and lines, in what part of the book, news- 76. s. 7. paper, or other document the alleged libel is to be found, and such par-
or
or other judicial pro-
•
No comments yet.
Private notes are available after approval.