368
No. 1 of 1887.
Evidence to rebut primâ facie case of publication by agent. [6 & 7 Vict. c. 96 s. 7.]
Right of prosecutor and of defendant to costs on prosecution for private libel. [ib. s. 8.]
Stay of proceedings against person for publication of papers for the public benefit that the matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof.
(3) If after such plea the defendant is convicted on the information, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the plea and by the evidence given to prove or to disprove the same: Provided that the truth of the matters charged in the alleged libel complained of by the information shall in no case be inquired into without such plea of justification: Provided, also, that in addition to such plea it shall be competent to the defendant to plead a plea of not guilty: Provided, further, that nothing in this Ordinance shall take away or prejudice any defence under a plea of not guilty which it is now competent to the defendant to make under such plea to any information for defamatory words or libel.
9. Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
10.-(1) In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of the information, and, upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea.
(2) Costs so to be recovered by the defendant or prosecutor respectively shall be taxed by the proper officer of the Court before which the information is tried.
11. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced for or on account or in respect of the publication by such person or by his servant of any report of the Legislative Council by or under the authority of the Council, to ...
...the publication was made for the public benefit...
...
14. ...publicly in the course of the proceedings or in the report...
15. ...of the Legislative Council, the publication shall be privileged...
Page 369
"
368
No. 1 of 1887.
Evidence to rebut primâ facie case of publication by agent. [6 & 7 Vict. c. 96 s. 7.]
Right of prosecutor and of de- fendant to costs on pro- secution for
private libel. [ib. s. 8.]
Stay of proceedings against person for publication
of papers
DEFAMATION AND LIBEL.
for the public benefit that the matters charged should be published,. to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof.
(3) If after such plea the defendant is convicted on the informa- tion, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the plea and by the evidence given to prove or to disprove the same: Provided that the truth of the matters charged in the alleged libel complained of by the information shall in no. case be inquired into without such plea of justification: Provided, also, that in addition to such plea it shall be competent to the defendant to plead a plea of not guilty: Provided, further, that nothing in this Ordinance shall take away or prejudice any defence under a plea of not guilty which it is now competent to the de- fendant to make under such plea to any information for defamatory words or libel.
9. Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence has been given which establishes a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to the defendant to prove that the publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part.
10.-(1) In the case of any information at the instance of a private prosecutor for the publication of any defamatory libel, if judgment is given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of the information, and, upon a special plea of justification to the information, if the issue is found for the prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea.
(2) Costs so to be recovered by the defendant or prosecutor re- spectively shall be taxed by the proper officer of the Court before which the information is tried.
11. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced for or on account or in respect of the publication by such person or by his servant of any report of the Legislative Council by or under the
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