the-ordinances-of-the-legislative-counci-1890v2 — Page 321

DEFAMATION AND LIBEL. 911
[5 OF 1887. ]
benefit that the said matters charged should be published, and
the particular fact or facts by reason whereof it was for the public
benefit that the said matters charged should be published, to
which plea the prosecutor shall be at liberty to reply generally
denying the whole thereof; and if after such plea the defendant
shall be convicted on such information it shall be competent to
the Court, in pronouncing sentence, to consider whether the
guilt of the defendant is aggravated or mitigated by the said
plea and by the evidence given to prove or to disprove the same:
provided always, that the truth of the matters charged in the
alleged libel complained of by such information shall in no case
be inquired into without such plea of justification : provided Proviso as to
also, that in addition to such plea it shall be competent to the guilty in civil
defendant to plead a plea of not guilty ; provided also, that and criminal
nothing in this ordinance contained shall take away or prejudice
any defence under a plea of not guilty which it is now com
petent to the defendant to make under such plea to any inform
ation for defamatory words or libel .
9. Whensoever, upon the trial of any information for the Evidence to
publication of a libel, under the plea of not guilty evidence shall facie
rebut prima
have been given which shall establish a presumptive case of publication
by agent.
publication against the defendant by the act of any otherperson and iv .
by his authority, it shall be competent to such defendant to č. 96,s.7.)
prove that such publication was made without his authority,
consent, or knowledge, and that the said publication did not
arise from want of due care or caution on his part.
10. In the case of any information at the instance of a private tion
on prosecu
prosecutor for the publication of any defamatory libel, if private
pirinate libel
defendant
judgment shall be given for the defendant, he shall be entitled entitled to
er
to recov from the prose cutor the costs sustai ned by the said costs on
[6 and 7l.v.
defendant by reason of such information and upon a special plea acquitta
of justification to such information, if the issue be found for the c. 96, s.8.]
prosecutor, he shall be entitled to recover from the defendant
the costs sustained by the prosecutor by reason of such plea,
such costs so to be recovered by the defendant or prosecutor
respectively to be taxed by the proper officer of the Court before
which the said information is tried.
11. It shall and may be lawful for any person who now is, orStaycriminal
of civil
or hereafter shall be å defendant in any civil or criminal pro- proceedings
ceedings commenced or prosecuted in any manner soever, for againstperson
or on account or in respect of the publication by any such tion of papers
person or by his servant of any reports, papers, votes, or printed by
proceedings of the Legislative Council of the Colony by or Colonial
under the authority of such Council, to bring before the Court Councilupon
in which such proceeding shall have been or shall be so com- and affidavit
menced or prosecuted, or before any Judge of the same first of authority