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CHAPTER XXVI.

DEFAMATORY LIBELS.

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SECTION 176.

DEFAMATORY LIBEL DEFINED.

A defamatory libel is matter tending, either directly or by insinuation or irony, to expose any person individually or as a member of a body so small that the matter published of it would naturally be applied to its individual members, to hatred, contempt, or ridicule, such matter being expressed in words legibly marked upon 10 any substance whatever, or expressed by any object signifying such matter otherwise than by words.

SECTION 177.

PUBLICATION DEFINED.

To publish a libel is to deliver it with a view to its being 15 ultimately read, to read it, or to communicate its purport in any other manner, or to exhibit it, to any person other than the person libelled, provided that the person making the publication knows, or has an opportunity of knowing, the contents of the libel if it is expressed in words, or its meaning if it is expressed otherwise.

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A libel published in the ordinary course of the business of any person whose trade it is to deal in articles of the kind to which the libel belongs shall be deemed to be published, not only by the person who actually sells or exhibits it, but also by his employer, if his employer has given the actual publisher general authority to sell or 25 exhibit for the employer's profit articles of that kind.

Provided that whenever, upon the trial of any person for the publication of a libel, evidence has been given which raises against the defendant a presumption that the libel was published by the act of any other person by his authority, the defendant may prove that 30 such publication was made without his authority, consent, or knowledge, and that the publication did not arise from want of due care or caution on his part, and upon such proof being given the defendant shall not be responsible for any publication to which it relates. This section shall apply to seditious, blasphemous, and obscene 35 libels, and to libels on foreign powers, as well as to defamatory libels.

A.D. 1878.

A.D. 1878.

SECTION 178.

PUNISHMENT OF DEFAMATORY LIBEL.

Everyone who publishes a defamatory libel (except in the cases provided for in sections 179 to 185, both inclusive) shall be guilty of an indictable offence, and shall upon conviction thereof be liable 5 to two years imprisonment and hard labour, or to simple imprison

ment.

SECTION 179.

PUBLICATION OF THE TRUTH NOT CRIMINAL IN CERTAIN CASES.

No one commits an indictable offence by publishing defamatory 10 matter which is true if he can prove that the publication thereof in the manner in which it was published was for the public benefit at the time of the publication; provided that no defendant shall be allowed to so prove any such matter unless he pleads it in the manner herein-after provided for.

SECTION 180.

PUBLICATION OF MATTER HONESTLY BELIEVED TO BE TRUE.

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No one commits an indictable offence by the publication of defamatory matter if he honestly and on reasonable grounds believes it to be true, and if the relation between him and the person to whom 20 the publication is made is such that he is under any legal, moral, or social duty to publish that matter, or if he is obliged to publish it by way of self defence against matter published by the person defamed by him, or in order to obtain from the person to whom the publication is made redress for any injury which he has or 25 reasonably believes himself to have sustained, or in order to obtain any other object of a similar kind, provided in every such case that the publication does not exceed either in extent or in manner what is reasonably sufficient for the occasion.

When the existence of the relation or facts establishing the duty 30 or right to publish as aforesaid has been proved, the burden of proving that the statement was not honestly believed to be true shall be upon the prosecutor.

Whether such a duty or right as is herein-before referred to exists in any particular case shall be a question of law.

SECTION 181.

FAIR DISCUSSION OF MATTERS OF PUBLIC INTEREST.

No one commits an indictable offence by the publication of defamatory matter which he honestly and on reasonable grounds believes

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to be true, if the publication thereof is reasonably necessary to the A.D. 1878. discussion of a subject of public interest, and if such publication

is made in good faith in the course and for the purposes of such discussion.

Whether any particular subject is of public interest, and whether the publication of any matter is reasonably necessary for the discussion of it, shall be questions of fact.

SECTION 182.

FAIR COMMENT.

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No one commits an indictable offence by the publication of defamatory matter consisting of comments upon persons who submit themselves, or upon things submitted by their authors or owners, to public criticism, provided that such comments are fair.

The expression a "fair comment" means a comment which is 15 either true, or which, if false, expresses the real opinion of its author (as to the existence of matter of fact or otherwise), such opinion having been formed with reasonable care and on reasonable grounds.

The following persons, and such other persons as act in what the 20 court regards as a similar manner, submit their conduct to public criticism within the meaning of this section; that is to say :

(a.) Every person who takes a public part in public affairs submits his conduct therein to public criticism.

(b.) Every person who publishes any book or other literary pro25 duction, or any work of art, or any advertisement of goods, or who makes any communication upon any subject whatever to the public, submits that book, or literary production, or work of art, or advertisement, or communication, and every matter referred to therein, to public criticism.

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(c.) Every person who takes part in any public dramatic performance or other public entertainment submits himself to public criticism to the extent to which he takes part in it.

SECTION 183.

PARLIAMENTARY PROCEEDINGS, AND FAIR COMMENTS THEREON.

No one commits an indictable offence by the publication of defamatory matter contained in any paper, vote, or proceeding of either House of Parliament which such House of Parliament may deem fit or necessary to be published; or

Any extract from or abstract of any such report, paper, vote, or

A.D. 1878. proceeding, if being an extract it is correct, and is not so made as to convey a false impression of the contents of the matter from which it is extracted, or if being an abstract it is substantially accurate; or A fair report of any debate in either House of Parliament.

SECTION 184.

PUBLICATION IN A COURT OF JUSTICE.

The publication of anything whatever in a judicial proceeding before a court of competent jurisdiction is not a defamatory libel.

SECTION 185.

FAIR REPORTS OF PROCEEDINGS OF COURTS.

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No one commits the offence of publishing a defamatory libel only by publishing defamatory matter forming part of a fair report of the proceedings of a court of justice, or of a fair report of proceedings before magistrates held with open doors with a view to the committal for trial of a suspected person; but nothing herein contained shall 15 prevent the publication of any such report from being a seditious, blasphemous, or obscene libel.

Such a report is fair when it is substantially accurate, and when it is either complete or condensed in such a manner as to give a just impression of what took place, but this section does not extend to 20 comments made by the reporter, or to reports of observations made by persons not entitled to take part in the proceedings.

PART VI.

OFFENCES AGAINST RIGHTS OF PROPERTY
OR RIGHTS ARISING OUT OF CONTRACTS.

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The words "person," "owner," and other words or expressions of the same kind shall throughout this part, when they relate to the party against whom any offence may be committed, include all bodies 30 corporate, societies, and companies capable by law of holding property.

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The expression "valuable security" means

(a.) Any document whereby any legal right is or is intended or purports, or is intended to purport, to be created, extended, restricted, transferred, extinguished, or released.

(b.) Any document which acknowledges the existence of any legal right or liability, or the extinction, transfer, or other modification of any legal right or liability.

(c.) Any document which contains a contract or an offer, or an acceptance of an offer, to make a contract, or a note or memorandnm 10 of the terms of a contract, or a promise legally binding or intended to be legally binding.

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(d.) Any document whether it is a private document or part of the records or rolls of any court or office which is or is intended to be used as evidence of the title of any person

(i.) To any property whatever, real or personal, moveable or
immoveable, corporeal or incorporeal ;

(ii.) To the possession or control of any such property.

(e.) Any copy of any such document so authenticated as to be capable of being used as legal evidence of the matters asserted by it. (f.) Any document containing any order, warrant, authority, or request to give any person any kind of property whatever, or the possession or control over any kind of property whatever, or to give him credit.

The expression "valuable security" includes maps and other docu25 ments which form part of or are referred to in any such document as aforesaid.

A.D. 1878.

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CHAPTER XXVII.

THEFT AND SIMILAR OFFENCES.

SECTION 187.

THINGS CAPABLE OF BEING STOLEN.

Everything whatever which is the property of any person, and which either is or may be made movable, shall henceforth be capable of being stolen as soon as it becomes movable, even if the act by which it is made movable is the act by which the offence of stealing 35 it is committed.

This provision includes everything which is part of or fixed to or growing out of the land (except as herein-after excepted) or

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