366
Power to defendant to evidence in mitigation of damages. 51 & 52 Vict. c. 64, s. 6.
No. 1 of 1887.
DEFAMATION AND LIBEL.
with summarily?" and if such person assents to the case being dealt with summarily, the magistrate may summarily convict him and adjudge him to pay a fine not exceeding two hundred and fifty dollars.
18. At the trial of an action for a libel contained in any newspaper 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.
Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict. c. 64, s. 8.
Consolidation of actions. 51 & 52 Vict. c. 64, s. 5.
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 in chambers being first had and obtained.
(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.
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; 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 such consolidated action 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 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 defendants; and similar provisions shall apply if the trial is before a judge without a jury.
1. This Ordinance may be cited as the Crimes Ordinance.
2. (1) In an action for libel contained in a newspaper, the defendant may give in evidence, in mitigation of damages, that the plaintiff has already recovered damages or received compensation in respect of a libel or libels to the same purport or effect.
366
Power to defendant to
evidence in mitigation of damages. 51 & 52 Vict.
No. 1 of 1887.
DEFAMATION AND LIBEL.
with summarily?" and if such person assents to the case being dealt with summarily, the magistrate may summarily convict him and adjudge him to pay a fine not exceeding two hundred and fifty dollars.
:
18. At the trial of an action for a libel contained in any: give certain newspaper 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.
c. 64, s. 6.
Order of judge
required for prosecution of newspaper
proprietor,
etc.
51 & 52 Vict. c. 64, s. 8.
Consolidation of actions.
c. 64, s. 5.
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 in chambers being first had and obtained.
(2) The application for such order shall be made on notice to the accused person, who shall have an opportunity, being heard against such application.
20.-(1) It shall be competent for the Supreme Court, on 51 & 52 Vict, 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; and after such orders 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.
trial,
there
appoi
defen
22.
any
cc
of the
pellabl
charge
23.
or adul
For
damage action f nance, a unless t ground:
24. N informat tion by t
of the co
N
N
An Ordi
1. This Crimes Ord
(2) In such consolidated action 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 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-sentenced to mentioned defendants; and similar provisions shall apply if the trial is before a judge without a jury. The judge at the
in
2. (1) I writing u
be at large.
No comments yet.
Private notes are available after approval.