DEFAMATION AND LIBEL.
No. 1 of 1887.
267
of public concern, whether the admission thereto is general or restricted.
16. A magistrate, on the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence as to the matters charged in the libel being true, and as to the report being fair and accurate and published without malice, and as to the publication being for the public benefit, and as to any matter which, under this or any other Ordinance or otherwise, might be given in evidence by way of defence by the person charged on his trial on information, and if the magistrate is of opinion that there is a strong or probable presumption that the jury on the trial would acquit the person charged he may dismiss the case.
Inquiry by magistrate as to libel being true, 44 & 45 Vict. c. 60, s. 4.
etc.
to summary conviction for libel. 44 & 45 Vict. c. 60, s. 5.
17. If a magistrate, on the hearing of such a charge is of opinion that, though the person charged is shown to have been guilty, the libel was of a trivial character, and that the offence may be adequately punished by virtue of the powers of this section, he shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect:- "Do you desire to be tried by a jury or do you consent to the case being dealt 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.
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.
Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict. c. 64, s. 6.
Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict. c. 64, s. 8.
DEFAMATION AND LIBEL.
No. 1 of 1887.
267
of public concern, whether the admission thereto is general or restricted.
16. A magistrate, on the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence as to the matters charged in the libel being true, and as to the report being fair and accurate and published without malice, and as to the publication being for the public benefit, and as to any matter which, under this or any other Ordinance or otherwise, might be given in evidence by way of defence by the person charged on his trial on information, and if the magistrate is of opinion that there is a strong or probable presumption that the jury on the trial would acquit the person charged he may dismiss. the case.
Inquiry by magistrate being true, 44 & 45 Vict.
as to libel
etc.
c. 60, s. 4.
to summary conviction
for libel. 44 & 45 Vict.
c. 60, s. 5.
17. If a magistrate, on the hearing of such a charge is of Provision as opinion that, though the person charged is shown to have been guilty, the libel was of a trivial character, and that the offence may
be adequately punished by virtue of the powers of this section, he shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect:-" Do you desire to be tried by a jury or do you consent to the case being dealt 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.
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.
Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict. c. 64, s. 6.
Order of judge prosecution
required for
of newspaper proprietor, etc.
51 & 52 Vict. c. 64, s. 8.
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