1986 Ed.]
Defamation
[CAP. 21
7
case being dealt with summarily, the magistrate may summarily convict him and adjudge him to pay a fine of $250.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule, and 63 of 1911, Schedule)
17. In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages, or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication.
(Replaced, 33 of 1961, s. 9)
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. (Amended, 51 of 1911, and 63 of 1911, Schedule)
(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.
(9 of 1901, s. 8, incorporated)
19. (1) It shall be competent for the High Court, on an application by or on behalf of 2 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 last-mentioned defendants; and similar provisions shall apply if the trial is before a judge without a jury. The judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he may deem just for the apportionment of such costs between and against such defendants.
(9 of 1901, s. 5, incorporated)
(3) This section shall apply to actions for slander and to actions for slander of title, slander of goods or other malicious falsehood as it applies to actions for libel; and references to the same, or substantially the same, libel shall be construed accordingly. (Added, 33 of 1961, s. 10)
Evidence of other damages recovered by plaintiff.
15 & 16 Geo. 6 & 1 Eliz. 2 c. 66. s. 12.
Order of judge required for prosecution of newspaper proprietor, etc.
$1 & 52 Vict. c. 64. s. 8.
Consolidation of actions.
51 & 52 Vict. c. 64, s. 5.
15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 13.
1986 Ed.]
Defamation
[CAP. 21
7
case being dealt with summarily, the magistrate may summarily convict him and adjudge him to pay a fine of $250.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule, and 63 of 1911, Schedule)
17. In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages, or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication.
(Replaced, 33 of 1961, s. 9)
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. (Amended, 51 of 1911, and 63 of 1911, Schedule)
(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.
(9 of 1901, s. 8, incorporated)
19. (1) It shall be competent for the High Court, on an application by or on behalf of 2 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 last-mentioned defendants; and similar provisions shall apply if the trial is before a judge without a jury. The judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he may deem just for the apportionment of such costs between and against such defendants.
(9 of 1901, s. 5, incorporated)
(3) This section shall apply to actions for slander and to actions for slander of title, slander of goods or other malicious falsehood as it applies to actions for libel; and references to the same, or substantially the same, libel shall be construed accordingly. ( Added, 33 of 1961, s. 10)
Evidence of other damages recovered by plaintiff.
15 & 16 Geo. 6 & 1 Elz. 2 c. 66. s. 12.
Order of judge required for prosecution of newspaper proprietor, etc. $1 & 52 Vict. c. 64. s. 8.
Consolidation of actions.
51 & 52 Vict. c. 64, s. 5.
15 & 16 Geo. 6 & 1 Eliz. 2 c. 66 s. 13.
[
No comments yet.
Private notes are available after approval.