372
Obscene matter need not be set out in information or other judicial proceeding. [51 & 52 Vict. c. 64 s. 7.]
Person charged may give evidence. [cf. No.14 of 1906.1 [ib. s. 9.]
Words imputing unchastity to woman or girl per se actionable. No. 1 of 1887.
DEFAMATION AND LIBEL.
if the actions 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.
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 deemed to form part of the record, and all proceedings may be taken thereon as though the passages complained of had been set out in the information or other judicial proceeding.
22. Every person charged with the offence of libel before any Court of criminal jurisdiction, and the wife or husband of the person so charged, shall be competent, but not compellable, witnesses on every hearing at every stage of such charge.
23. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable: Provided that, in any action for words spoken and made actionable by this Ordinance, a plaintiff shall not [54 & 55 Vict. recover more costs than damages, unless the Judge at the trial certifies that there was reasonable ground for bringing the action.
* Saving as to ex officio informations.
24. Nothing in this Ordinance shall apply to an ex officio information filed by the Attorney General or to any information by the Registrar of the Supreme Court, by the direction of the Court, at the instance of some private individual.
No. 2 of 1887, repealed by No. 47 of 1911.
* As amended by No. 50 of 1911.
372
Obscene
matter need not be set
out in
information or other judicial proceeding. [51 & 52 Vict. c. 64 s. 7.]
Person
charged may
give evidence. [cf. No.14 of 1906.1 [ib. s. 9.]
Words imputing unchastity to
woman or
No. 1 of 1887.
DEFAMATION AND LIBEL.
if the actions 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 apportion- ment of such costs between and against such defendants.
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 deemed to form part of the record, and all proceedings may be taken thereon as though the passages complained of had been set out in the information or other judicial proceeding.
22. Every person charged with the offence of libel before any Court of criminal jurisdiction, and the wife or husband of the person so charged, shall be competent, but not compellable, wit- nesses on every hearing at every, stage of such charge.
23. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable: Provided that, in any action for words spoken and made actionable by this Ordinance, a plaintiff shall not [54 & 55 Vict. recover more costs than damages, unless the Judge at the trial
certifies that there was resonable ground for bringing the action.
girl per se actionable.
c. 51 s. 1.]
*
Saving as to ex officio informations.
24. Nothing in this Ordinance shall apply to an ex officio in- formation filed by the Attorney General or to any information by the Registrar of the Supreme Court, by the direction of the Court, at the instance of some private individual.
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te
tl
ar
ཁྐྲཋ
ha
ap
the
exi
pu
as
issu.
or
the
and
und
No. 2 of 1887, repealed by No. 47 of 1911.
* As amended by No. 50 of 1911.
1
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