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of the libel does not arise at that stage and cannot be put forward before the magistrate. Suppose the defendant had succeeded fully and entirely in showing the truth of the libel; what, then, would have been the duty of the magistrate? He would nevertheless have been bound to send the case for trial, because by the statute the truth of the libel does not constitute a defence until the statutory conditions are complied with, and they cannot be complied with at that stage of the inquiry" (e).

It is clear, then, that the only cases in which a magistrate can receive evidence of the truth of the libel are, (1) where the defendant is charged under sect. 4 of Lord Campbell's Act with maliciously publishing a defamatory libel, knowing the same to be false (ƒ); and (2) upon the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, by virtue of sect. 4 of the Newspaper Libel and Registration Act, 1881. It must be remembered that this section is, however, limited in its application, owing to the special meaning to be attached to the term "newspaper." (See Part I., Article 16, Note 1, p. 28, supra.) If there be a committal the accused will be released on reasonable bail. If, on the other hand, the case be dismissed, then, inasmuch as by sect. 6 of the Newspaper Libel and Registration Act, 1881, every libel is to be deemed an offence within the Vexatious Indictments Act, 1859 (22 & 23 Vict. c. 17), the Court may be "required to take the recognizance of the prosecutor to prosecute the charge . and to transmit such recognizance. . . . and depositions to the Court in which such indictment ought to be preferred."

Lastly, we may notice that by sect. 5 of the Newspaper Libel and Registration Act, 1881 (44 & 45 Vict.

(e) See note (c), ante.

(f) Ex parte Ellisen, not reported, approved by Lush, J., in Reg. v. Carden (1879), 5 Q. B. D. 11, 13.

c. 60), where the party charged is the proprietor, publisher, editor, or any person responsible for the publication of the newspaper in which the libel has appeared, he may, after he is shown to have been guilty, and if the Court thinks the libel trivial, elect to be summarily dealt with-in which case the Court may summarily convict him, and adjudge him to pay a fine not exceeding 507. It is difficult, however, to see the practical utility of the above provision, for it is only applicable when the Court of summary jurisdiction "is of opinion . . . . that the libel was of a trivial character," and it is surely most improbable that in such a case the judge in chambers would make the preliminary order for a criminal prosecution, which must be "first had and obtained" under sect. 8 of the Law of Libel Amendment Act, 1888. (See Part II., Article 4.)

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44 & 45 Vict. c. 60 (Newspaper Libel and Registration Act, 1881) 51 & 52 Vict. c. 64 (Law of Libel Amendment Act, 1888)

52 & 53 Vict. c. 18 (Indecent Advertisements Act, 1889).

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103-106

107-108

MR. FOX'S ACT, 32 GEO. III. c. 60.

An Act to remove Doubts respecting the Functions of Juries in cases of Libel.

On the trial ment for a libel the jury may give a general verdict upon the whole matter

of an indict

and shall not

WHEREAS doubts have arisen whether on the trial of an Preamble. indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue: Be it therefore declared and enacted by the king's put in issue, 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, that on every such trial, the jury sworn try the issue may give a general verdict of guilty or guilty upon the whole matter put in issue upon such dictment or information; and shall not be required or in the infordirected, by the Court or judge before whom such indict- mation. ment or information shall be tried, to find the defendant or defendants guilty, merely on the proof of the publication by such defendant or defendants of the paper charged

to

be required
and the
by the Court
defendant
guilty merely
on proof of

not the publica

tion and of

in- the sense

ascribed to it

But the Court

on the matter

to be a libel, and of the sense ascribed to the same in such indictment or information. [Page 66, supra.]

2. Provided always, that, on every such trial, the Court shall give their opinion or judge before whom such indictment or information and directions shall be tried, shall, according to their or his discretion, in issue as in give their or his opinion and directions to the jury on other criminal the matter in issue between the king and the defendant or defendants, in like manner as in other criminal cases.

cases.

Jury may find a special verdict.

Defendants may move in arrest of

judgment, as before passing this Act.

3. Provided also, that nothing herein contained shall extend or be construed to extend to prevent the jury from finding a special verdict, in their discretion, as in other criminal cases. [Page 66, supra.]

4. Provided also, that in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move in arrest of judgment on such ground and in such manner as by law he or they might have done before the passing of this Act; anything herein contained to the contrary notwithstanding.

Not to extend to papers printed by authority of Parliament.

Printers to

keep a copy

of every paper

they print, and write thereon the name and

abode of their employer.

39 GEO. III. c. 79.

28. Nothing in this Act contained shall extend, or be construed to extend, to any papers printed by the authority and for the use of either House of Parliament.

29. Every person who shall print any paper for hire, reward, gain or profit, shall carefully preserve and keep one copy (at least) of every paper so printed by him or her, on which he or she shall write, or cause to be written or printed, in fair and legible characters, the name and place of abode of the person or persons by whom he or she shall be employed to print the same, and every person printing any paper for hire, reward, gain or profit, who shall omit or neglect to write, or cause to be written or

201. for neg

produce the

copy within

printed as aforesaid, the name and place of abode of his or Penalty of her employer on one of such printed papers, or to keep or lect or represerve the same for the space of six calendar months fusing to next after the printing thereof, or to produce and show the same to any justice of the peace, who, within the said six months. space of six calendar months, shall require to see the same, shall for every such omission, neglect, or refusal, forfeit and lose the sum of twenty pounds. (Page 5, supra.)

to impressions of engravings, or the printing names and addresses.

31. Nothing herein contained shall extend to the im- Not to extend pression of any engraving, or to the printing by letterpress of the name, or the name and address, or business or profession, of any person, and the articles in which he deals, or to any papers for the sale of estates or goods by auction or otherwise.

menced within

34. No person shall be prosecuted or sued for any Prosecutions penalty imposed by this Act, unless such prosecution shall to be combe commenced, or such action shall be brought, within three months after penalty three calendar months next after such penalty shall have is incurred. been incurred.

35. And any pecuniary penalty imposed by this Act, Recovery of and not exceeding the sum of twenty pounds, shall and penalties. may be recovered before any justice or justices of the peace for the county, stewartry, riding, division, city, town, or place in which the same shall be incurred, or the person having incurred the same shall happen to be, in a summary way.

36. All pecuniary penalties herein before imposed by Application this Act shall, when recovered in a summary way before of penalties. any justice (a), be applied and disposed of in manner hereinafter mentioned; that is to say, one moiety thereof to the informer before any justice, and the other moiety thereof to his Majesty, his heirs and successors (b).

(a) See 9 & 10 Vict. c. 33, s. 1, at p. 89, infra.

(b) The above sections are re-enacted by the 32 & 33 Vict. c. 24, Sched. II.

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