CAP. 211
[s. 16 cont.]
Power to defendant to give certain evidence in mitigation of damages.
Defamation and Libel.
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 of two hundred and fifty dollars.
[17
17. 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 61 & 52 Vict. 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.
51 & 52 Vict. c. 61, s. 5.
[18
18. (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.
[19
19. (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
412
CAP. 211
[s. 16 cont.]
Power to defendant to give certain evidence in
mitigation of damages.
Defamation and Libel.
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 of two hundred and fifty dollars.
[17
17. 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 61 & 52 Vict. 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.
51 & 52 Vict. c. 61, s. 5.
[18
18. (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.
[19
19. (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 defen- dant in the same way as if the actions had been tried separately; and if the jury have found a verdict against the
412
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