the-ordinances-of-the-legislative-counci-1890v4 — Page 280

ORDINANCE No. 5 OF 1887 . 2097


Defamation and Libel.


without his authority, consent, or knowledge, and that the said publica
tion 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 On prosecu
tion for
prosecutor for the publication of any defamatory libel , if judgment shali private libel
defendant
be given for the defendant, he shall be entitled to recover from the entitled to
costs on
prosecutor the costs sustained by the said defendant by reason of such acquittal.
[6 and 7 V.
information and upon a special plea of justification to such information , c. 96, s. 8. ]
if the issue be found for the 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 , or here Stay of civil
or criminal
after shall be a defendant in any civil or criminal proceedings commenced proceedings
against person
or prosecuted in any manner soever, for or on account or in respect of for publica
tion of papers
the publication by any such person or by his servant of any reports , printed by
order of the
papers , votes , or proceedings of the Legislative Council of the Colony by Colonial
Council upon
or under the authority of such Council, to bring before the Court in certificate and
affidavit of
which such proceeding shall have been or shall be so commenced or pro authority to
publish .
secuted, or before any Judge of the same first giving twenty-four hours' [3 and 4 V.
notice of his intention so to do to the prosecutor or plaintiff in such pro c. 9, s. 1. ]

ceeding, a certificate under the hand of the Governor or the presiding
member of such Council for the time being or of the clerk of the Council

stating that the report, paper, votes , or proceedings as the case may be,
in respect whereof such civil or criminal proceeding shall have been
commenced or prosecuted , was published by such person or by his servant,
by order or under the authority of such Council together with an affidavit
verifying such certificate ; and such Court or Judge shall thereupon
immediately stay such civil or criminal proceeding, and the same, and
every writ of process issued , shall be and shall be deemed and taken to

be finally put an end to, determined , and superseded by virtue of this
Ordinance.

12. In case of any civil or criminal proceeding hereafter to be com Stay of
proceedings
menced or prosecuted for or on account or in respect of the publication when
commenced
of any copy of such report, paper , votes , or proceedings , it shall be law in respect of
a copy of an
ful for the defendant at any stage of the proceedings to lay before the authenticated
report, &c.
Court or Judge such report, paper , votes , or proceedings , and such copy, [3 and 4 V.
c. 9, s. 2. ]
with an affidavit verifying such report, paper, votes, or proceedings, and