the-ordinances-of-the-legislative-counci-1890v4 — Page 279

2096 ORDINANCE No. 5 OF 1887 .


Defamation and Libel.


False defama
tory libel 6. If any person shall maliciously publish any defamatory libel ,
punishable by knowing the same to be false every such person, being convicted thereof
imprisonment
and fine.
shall be liable to imprisonment for any term not exceeding two years, and
[6 and 7 V. c.
96, s. 4. ] to pay such fine as the Court shall award .
Malicious
defamatory 7. Ifany person shall maliciously publish any defamatory libel, every
libel , by such person , being convicted thereof shall be liable to fine or imprison
imprisonment
or fine. ment, or both as the Court may award, such imprisonment not to exceed
[6 and 7 V. c.
96, s. 5. ] the term of one year.
Proceedings 8. On the trial of any information for a defamatory libel , the defend
upon the trial
of an informa ant having pleaded such plea as hereinafter mentioned the truth of the
tion for a
defamatory matters charged may be inquired into, but shall not amount to a defence ,
libel .
[ 6 and 7 V. c. unless it was for the public benefit that the said matters charged should
96, s. 6. ]
be published ; and that to entitle the defendant to give evidence of the
truth of such matters charged as a defence to such information it shall be
necessary for the defendant , in pleading to the said information , to allege
the truth of the said matters charged in the manner now required in

alleging a justification to any action or suit of defamation , and further
to allege that it was for the public 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 publish
ed , 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 :
Proviso as to provided also, that in addition to such plea it shall be competent to the
plea of not
guilty in civil defendant to plead a plea of not guilty ; provided also , that nothing in
and criminal
proceedings. this Ordinance contained shall take away or prejudice any defence under
a plea of not guilty which it is now competent to the defendant to make
under such plea to any information for defamatory words or libel .
Evidence to 9. Whensoever, upon the trial of any information for the publica
rebut prima
facie case of tion of a libel, under the plea of not guilty evidence shall have been
publication
by an agent. given which shall establish a presumptive case of publication against the
[6 and 7 V.
c. 96, s. 7. ] defendant by the act of any other person by his authority, it shall be

competent to such defendant to prove that such publication was made