DEFAMATION AND LIBEL.
No. 1 of 1887.
Page 363
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, facie case of
6 & 7 Vict. c. 96, s. 7.
9. Whenever, on the trial of any information for the publication of a libel, under the plea of not guilty, evidence to rebut primá facie case of publication 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.
Evidence of prosecution and of
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.
6 & 7 Vict. c. 96, s. 8.
against publication of papers
Legislative
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 printed by or under the authority of such Council, to bring before the court in which such proceeding has been commenced, or before a judge, first giving twenty-four 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 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.
As amended by Law Rev. Ord., 1923.
3 & 4 Vict. c. 9, s. 1.
Page 363
:
DEFAMATION AND LIBEL.
No. 1 of 1887.
363
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,
facie case of
6 & 7 Vict.
9. Whenever, on the trial of any information for the Evidence to publication of a libel, under the plea of not guilty, evidence rebut primá has been given which establishes a presumptive case of publication publication against the defendant by the act of any other by agent person by his authority, it shall be competent to the defendant c. 96, s. 7. 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.
and of
prosecution
10-(1) In the case of any information, at the instance of Right of a private prosecutor for the publication of any defamatory prosecutor libel, if judgment is given for the defendant, he shall be defendant to entitled to recover from the prosecutor the costs sustained costs on by the defendant by reason of the information, and, upon a for private special plea of justification to the information, if the issue is libel, found for the prosecutor, he shall be entitled to recover from c. 96, s. 8. 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.
6 & 7 Vict.
against
of papers
Legislative
11. It shall be lawful for any person who is a defendant Stay of in any civil or criminal proceeding, in whatever manner proceeding commenced for or on account or in respect of the publication person for by such person or by his servant of any report of the publication Legislative Council by or under the authority of such printed by Council, to bring before the court in which such proceeding order of has been commenced, or before a judge, first giving twenty- Council upon four hours notice of his intention to do so to the plaintiff certificate or prosecutor in such proceeding, a certificate under the of authority hand of the Governor, or of the presiding member of such to publish. Council for the time being, or of the Clerk of Councils, c. 9, s. 1. 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 pro-
As amended by Law Rev. Ord., 1923.
and affidavit
3 & 4 Vict.
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