DEFAMATION AND LIBEL.
No. 1 of 1887.
265
prosecutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea.
6 & 7 Vict. c. 96, s. 8.
(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.
order of Legislative Council upon certificate and affidavit
11. It shall be lawful for any person who is a defendant in any civil proceeding 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 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, 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and every writ or process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
of authority to publish. 3 & 4 Vict. c. 9, s. 1.
copy of report
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 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writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.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 authenticated report, etc. 3 & 4 Vict. c. 9, s. 2.
Defence in proceeding for printing extract from report, etc. 3 & 4 Vict. c. 9, s. 3.
DEFAMATION AND LIBEL.
No. 1 of 1887.
265
prosecutor, he shall be entitled to recover from the defendant 6 & 7 Vict.
c. 96, s. 8. 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.
order of
Legislative Council upon
certificate and affidavit
11. It shall be lawful for any person who is a defendant Stay of in any civil
proceeding or criminal proceeding, in whatever manner
against 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 Legislative publication
of papers Council by or under the authority of such Council, to bring printed by 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 proceed- ing, 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, 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.
of authority to publish. c. 9, s. 1.
3 & 4 Vict.
copy of
12. In case of any civil or criminal proceeding to be com- Stay of menced for or on account or in respect of the publication of any proceecong copy of any such report it shall be lawful for the defendant, at menced in any stage of the proceeding, to lay before the court or judge the respect of report, and the copy, together with an affidavit verifying the report, and the correctness of the copy; and the court or judge shall thereupon 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
authenticated report, etc. c. 9, s. 2.
3 & 4 Vict.
Defence in proceeding for printing extract from report, etc.
3 & 4 Vict.
c. 9, s. 3.
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