LAW OF LIBEL AMENDMENT ACT, 1888. 51 & 52 Vic., c. 64. An Act to Amend the Law of Libel. [24th December, 1888.] WHEREAS it is expedient to amend the law of libel : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: A.D. 1888 tion. 1. In the construction of this Act the word "newspaper" shall Interpretahave the same meaning as in the Newspaper Libel and Registration Act, 1881. 2. Section 2 of the Newspaper Libel and Registration Act, 1881, Repeal of is hereby repealed. 44 & 45 Vic. c. 60, s. 2.. 3. A fair and accurate report in any newspaper of proceedings Newspaper publicly heard before any Court exercising judicial authority shall, reports of if published contemporaneously with such proceedings, be privileged proceedings Provided that nothing in this section shall authorize the publication privileged. of any blasphemous or indecent matter. in court proceedings of certain bodies and 4. A fair and accurate report published in any newspaper of the Newspaper proceedings of a public meeting, or (except where neither the public reports of nor any newspaper reporter is admitted) of any meeting of a of public vestry, town council, school board, board of guardians, board or meetings and local authority formed or constituted under the provisions of any Act of Parliament, or of any committee appointed by any of the above- persons mentioned bodies, or of any meeting of any commissioners authorized privileged. to act by letters patent, Act of l'arliament, warrant under the Royal Sign Manual, or other lawful warrant or authority, select committees of either House of Parliament, Justices of the Peace in Quarter Sessions assembled for administrative or deliberative purposes, and the publication at the request of any Government office or department, officer of State, commissioner of police, or chief constable of any notice or report issued by them for the information of the public, shall be privileged, unless it shall be proved that such report or publication was published or made maliciously: Provided that nothing in this section shall authorize the publication of any blasphemous or indecent matter: Provided also, that the protection intended to be Sec. 3. This privilege will not, then, extend to private ministerial inquiries. Sec. 4.-The definition at end of section applies to the "public meeting" in first clause of section, and where, although called public, the admission thereto may be restricted. The privilege extended to the meetings of other public bodies in the section is where the public or a newspaper reporter is admitted, by which, probably, is meant where both are not excluded. LIBEL LAW OF afforded by this section shall not be available as a defence in any AMENDMENT Proceedings if it shall be proved that the defendant has been ACT, 1888. requested to insert in the newspaper in which the report or other Consolidation of actions. Power to publication complained of appeared a reasonable letter or statement by way of contradiction or explanation of such report or other publication, and has refused or neglected to insert the same: Provided further, that nothing in this section contained shall be deemed or construed to limit or abridge any privilege now by law existing, or to protect the publication of any matter not of public concern and the publication of which is not for the public benefit. For the purposes of this section "public meeting" shall mean any meeting bonâ fide and lawfully held for a lawful purpose, and for the furtherance or discussion of any matter of public concern, whether the admission thereto be general or restricted. 5. It shall be competent for a Judge or the Court, upon 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, so that they shall be tried together; 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 upon a joint application being made by such new defendants and the defendants in the actions already consolidated. In a consolidated action under this section 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 consolidated had been tried separately; and if the jury shall 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 shall have so found between and against the said last-mentioned defendants; and the Judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he shall deem just for the appor tionment of such costs between and against such defendants. 6. At the trial of an action for a libel contained in any newspaper defendant to the defendant shall be at liberty to give in evidence in mitigation of give certain evidence in damages that the plaintiff has already recovered (or has brought mitigation of actions for) damages, or has received or agreed to receive compensadamages. tion in respect of a libel or libels to the same purport or effect as the libel for which such action has been brought. Obscene matter need not be set forth in indictment or other judicial proceeding. 7. It shall not be necessary to set out in any indictment or other judicial proceeding instituted against the publisher of any obscene libel the obscene passages, but it shall be sufficient to deposit the book, newspaper, or other documents containing the alleged libel with the indictment or other judicial proceeding, together with particulars showing precisely by reference to pages, columns, and lines in what part of the book, newspaper, or other document the alleged libel is to be found, and such particulars shall be deemed to form part of the record, and all proceedings may be taken thereon as though the passages complained of had been set out in the indictment or judicial proceeding. LAW OF LIBEL AMENDMENT ACT, 1888. 8. Section three of the forty-fourth and forty-fifth Victoria, chapter sixty, is hereby repealed, and instead thereof be it enacted that 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 at Chambers being first had and obtained.* Such application shall be made on notice to the person accused, Order of who shall have an opportunity of being heard against such applica- quired for tion. Repeal of c. 60, s. 3. Judge re prosecution of newspaper & C. Persons pro 9. Every person charged with the offence of libel before any Court Proprietor, of criminal jurisdiction, and the husband or wife of the person so charged, shall be competent, but not compellable, witnesses on every ceeded hearing at every stage of such charge. 10. This Act shall not apply to Scotland. against criminally a competent witness. Extent of 11. This Act may be cited as the Law of Libel Amendment Act, Act. 1888. Short title. PROBATION OF FIRST OFFENDERS ACT, 1887. A.D. 1887. 50 & 51 Vic., c. 25. An Act to Permit the Conditional Release of First Offenders in WHEREAS it is expedient to make provision for cases where the reformation of persons convicted of first offences may, by reason of the offender's youth or the trivial nature of the offence, be brought about without imprisonment. Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) In any case in which a person is convicted of larceny or Power to false pretences, or any other offence punishable with not more than Court to release upon two years' imprisonment before any Court, and no previous convicprobation of tion is proved against him, if it appears to the Court before whom good conduct he is so convicted that, regard being had to the youth, character, instead of sentencing to and antecedents of the offender, to the trivial nature of the offence, punishment * Sec. 8.-Judge at Chambers is in this sections ubstituted for the Attorney-General in the repealed section of the Act of 1881. (a) The object of this Act, as disclosed by its preamble, deserves attention, i.e. the expediency of bringing about reformation where there is reason to think such can be attained without imprisonment. Release upon probation, 1st Sec.-This applies to larceny or false pretences, or any other offence punishable with not more than two years' imprisonment, and where no previous conviction is proved. The period of probation should be named, by the Court, and appear in the recognizance and in the words of the section. OF FIRST OFFENDERS ACT, 1887. PROBATION and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the Court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour. (2.) The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution, or some portion of the same, within such period and by such instalments as may be directed by the Court. 2. (1) If the Court having power to deal with the offender in respect of his original offence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (2.) An offender, when apprehended on any such warrant, shall, if not brought forthwith before a Court having power to sentence him, be brought before a Court of summary jurisdiction, and that Court may either remand him by warrant until the time at which he was required by his recognizance to appear for judgment, or until the sitting of a Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment. (3.) The offender when so remanded may be committed to a prison, either for the county or place in or for which the Court remanding him acts, or for the county or place where he is bound to appear for judgment, and the warrant of remand shall order that he be brought before the Court before which he was bound to appear for judgment, or to answer as to his conduct since his release. 3. The Court, before directing the release of an offender under this Act, shall be satisfied that the offender or his surety has a fixed place of abode or regular occupation in the county or place for which the Court acts, or in which the offender is likely to live during the period named for the observance of the conditions. 4. In this Act the term "Court" includes a Court of summary jurisdiction. 5. This Act may be cited as the Probation of First Offenders Act, 1887. CRIMINAL LAW AND PROCEDURE (IRELAND) ACT, 1887. 50 & 51 Vict., c. 20. SUMMARY JURISDICTION. A.D. 1887. Section 2. Any person who shall commit an offence mentioned in Extension of sub-section 3 (a) of this section anywhere in Ireland, or shall commit summary jurisdiction. any of the following offences in a Proclaimed District may be prosecuted before a court of summary jurisdiction under this Act: (1.) Any person who shall take part in any criminal conspiracy now punishable by law to compel or induce any person or persons either not to fulfil his or their legal obligations, or not to let, hire, use, or occupy any land, or not to deal with, work for, or hire any person or persons in the ordinary course of trade, business, or occupation; or to interfere with the administration of the law: (2.) Any person who shall wrongfully and without legal authority use violence or intimidation (a) to or towards any person or persons with a view to cause any (b) to or towards any person or persons in consequence, either of his or their having done any act which he or they had a legal right to do, or of his or their having abstained from doing any act which he or they had a legal right to abstain doing: By sec. 19 the expression "intimidation" includes any words or acts intended and calculated to put any person in fear of any injury or danger to himself, or to any member of his family, or to any person in his employment, or in fear of any injury to or loss of property, business, employment, or means of living. The expression "writ of possession" includes any decree, warrant, order, or other document issued from any Court directing possession to be given, or authorizing possession to be taken, of any house or land. The expression "The Summary Jurisdiction Acts" means in the Dublin Metropolitan Police District the Acts regulating the powers and duties of Justices of the Peace and of the police in that district, and elsewhere in Ireland means "the Petty 14 & 15 Vict. Sessions (Ireland) Act, 1851," and the Acts amending it. The expression "prescribed" means prescribed by rules to be made under this Act. C. 93. |