Proviso as to Plea of Not Guilty in civil and criminal Proceedings. 10. Evidence to rebut primâ facie case of publication by an agent. 11. On prosecution for private Libel Defendant cntitled to Costs on Acquittal. 12. Interpretation of Act. 13. Commence Not Guilty: Provided also, That nothing in this Act contained shall And be it Enacted, That whensoever, upon the trial of any indictment or information for the publication of a Libel, under the plea of Not Guilty, evidence shall have been given which shall establish a presumptive case of publication against the 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 without his authority, consent or knowledge, and that the said publication did not arise from want of due care or caution on his part. And be it Enacted, That in the case of any indictment or information by a private Prosecutor for the publication of any defamatory Libel, if judgment shall be given for the Defendant, he shall be entitled to recover from the Prosecutor the costs sustained by the said Defendant by reason of such indictment or information; and that upon a special plea of justification to such indictment or information, 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 indictment or information is tried. And be it Enacted, That wherever throughout this Act, in describing the Plaintiff or the Defendant, or the party affected or intended to be affected by the offence, words are used importing the singular number or the masculine gender only, yet they shall be understood to include several persons as well as one person, and females as well as males, unless when the nature of the provision or the context of the Act shall exclude such construction. And be it Enacted, That this Act shall take effect from the First extent of Act. day of November next; and that nothing in this Act contained shall ment and extend to Scotland. 5 10 15 20 25 30 A BILL, INTITULED, AN ACT for extending to Ireland the Provisions not already in force there of an Act of the Third and Fourth Years of the Reign of the late King WILLIAM the Fourth, intituled, “An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto," and to explain and amend the said Act. c. 27. HEREAS an Act was passed in the Session of Parliament Preamble: held in the third and fourth years of the reign of his late 3&4 W. 4, Majesty King WILLIAM the Fourth, intituled, "An Act for the Limitation of Actions and Suits relating to Real Property, and for 5 simplifying the Remedies for trying the Rights thereto," and thereby it was (after and amongst other things) enacted, that after the Thirty-first day of December One thousand eight hundred and Thirtythree, no person should bring any Quare impedit or other action, or any suit to enforce a right to present to or bestow any church, vicar10 age, or other ecclesiastical benefice as the Patron thereof, after the expiration of such period as thereinafter is mentioned; (that is to say) the period during which three Clerks in succession should have held the same, all of whom should have obtained possession thereof adversely to the right of presentation or gift of such person, or of 15 some person through whom he claims, if the times of such incumbencies taken together should amount to the full period of Sixty Years; and if the times of such incumbencies should not together amount to the full period of Sixty Years, then after the expiration of such further time as with the times of such incumbencies would make 20 up the full period of Sixty Years: Provided always, and it was thereby further enacted, that when on the avoidance after a Clerk should have obtained possession of an ecclesiastical benefice adversely to the right of presentation or gift of the Patron thereof, a Clerk 429. should A 5 should be presented or collated thereto by his Majesty or the Ordinary by reason of a lapse, such last-mentioned Clerk should be deemned to have obtained possession adversely to the right of presentation or gift of such Patron as aforesaid; but that when a Clerk should have been presented by his Majesty upon the avoidance of a benefice in consequence of the incumbent thereof having been made a Bishop, the incumbency of such Clerk should, for the purposes of that Act, be deemed a continuation of the incumbency of the Clerk so made Bishop; and by the said Act it was further enacted, that in the construction thereof every person claiming a right to present to or bestow 10 any ecclesiastical benefice as Patron thereof, by virtue of any estate, interest or right which the owner of an estate tail in the advowson might have barred, should be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any Quare impedit, action or suit should be limited accordingly: Pro- 15 vided always, and it was thereby further enacted, that after the said Thirty-first day of December One thousand eight hundred and Thirty-three no person should bring any Quare impedit or other action, or any suit to enforce a right to present to or bestow any ecclesiastical benefice as the Patron thereof, after the expiration of 20 One hundred Years from the time at which a Clerk should have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest, or undivided share, or alternate right of presentation or 25 gift, held or derived under the same title, unless a Clerk should subsequently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an estate, share or right held or derived under the same 30 title; and by the said Act it was further enacted, that at the determination of the period limited by that Act to any person for bringing any writ of Quare impedit, or other action or suit, the right and title of such person to the advowson, for the recovery whereof such action or suit might have been brought within such period, should be 35 extinguished Provided always, and it was thereby further enacted, that that Act should not, so far as it related to any right to present to or bestow any church, vicarage, or other ecclesiastical benefice, extend to Ireland: And whereas the hereinbefore in part recited Act, save in so far as it relates to any such right as last aforesaid, 40 is already in force in Ireland, and it is expedient to extend to Ireland the whole of the provisions of that Act; 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, |