DEFAMATION AND LIBEL.
No. 1 of 1887.
369
order of Council upon Legislative and affidavit of authority [3 & 4 Vict. c. 9 s. 1.] certificate authority of such Council, to bring before the Court in which such proceeding has been commenced, or before a Judge, first giving 24 hours notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presiding member of such Council for the time being, or of the Clerk of the Councils, stating that the report in respect whereof the proceeding has been commenced 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 the Court or Judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
12. In case of any civil or criminal proceeding to be commenced for or on account or in respect of the publication of any copy of any such report it shall be lawful for the defendant, at any stage of the proceeding, to lay before the Court or Judge the report, and the copy, together with an affidavit verifying the report, and the correctness of the copy; and the Court or Judge shall thereupon [ib. s. 2.] immediately stay such proceeding, and the same, and every writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
13. It shall be lawful in any civil or criminal proceeding to be commenced for printing any extract from or abstract of any such report to give in evidence, in a civil case in support of any allegation in defence, and in a criminal case under the general issue, the report, and to show that the extract or abstract was published bonâ fide and without malice; and if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.
14. A fair and accurate report in any newspaper of proceedings publicly heard before any Court shall, if published contemporaneously with such proceedings, be privileged: Provided that nothing in this section shall authorise the publication of any blasphemous or indecent matter.
15.-(1) A fair and accurate report published in any newspaper of the proceedings of a public meeting, or (except where neither the public nor any newspaper reporter is admitted) of any meeting of public * As amended by No. 62 of 1911, No. 63 of 1911 and No. 21 of 1912.
As amended by No. 62 of 1911.
ཎྜcy
DEFAMATION AND LIBEL.
No. 1 of 1887.
369
order of
Council upon Legislative
and affidavit of authority [3 & 4 Vict. to publish.
c. 9 s. 1.]
certificate
authority of such Council, to bring before the Court in which such printed by proceeding has been commenced, or before a Judge, first giving 24 hours notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presiding member of such Council for the time being, or of the Clerk of the Councils, stating that the report in respect whereof the proceeding has been commenced 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 the Court or Judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
*
when com-
respect of
copy of au-
12. In case of any civil or criminal proceeding to be commenced Stay of for or on account or in respect of the publication of any copy of proceedings any such report it shall be lawful for the defendant, at any stage menced in of the proceeding, to lay before the Court or Judge the report, and the copy, together with an affidavit verifying the report, and the thenticated correctness of the copy; and the Court or Judge shall thereupon [ib. s. 2.] immediately stay such proceeding, and the same, and every writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
13. It shall be lawful in any evil or criminal proceeding to be commenced for printing any extract from or abstract of any such report to give in evidence, in a civil case in support of any allegation in defence, and in a criminal case under the general issue, the report, and to show that the extract or abstract was published bonâ fide and without malice; and if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant.
report, etc.
Defence in proceeding for printing extract from
fib. s. 3.]
report, etc.
+
newspaper
14. A fair and accurate report in any newspaper of proceedings Privilege of publicly heard before any Court shall, if published contemporane- report of ously with such proceedings, be privileged: Provided that nothing proceedings in this section shall authorise the publication of any blasphemous (51 & 52 Vict. or indecent matter.
in Court.
c. 61 s. 3.]
+
15.-(1) A fair and accurate report published in any newspaper Privilege of of the proceedings of a public meeting, or (except where neither newspaper
report of the public nor any newspaper reporter is admitted) of any meeting proceedings
of public
* As amended by No. 62 of 1911, No. 63 of 1911 and No. 21 of 1912.
As amended by No. 62 of 1911.
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