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No. 71. REPLICATION TO PLEA OF JUSTIFICATION PURSUANT ΤΟ THE LIBEL ACT (6 & 7 VICT. c. 96, s. 6).

[Heading as in No. 68.]

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And as to the plea of the said A B―, by him secondly above pleaded James Robert Mellor, Esquire, coroner and attorney of our said lord the King, before the King himself, who for our said lord the King in this behalf prosecutes, says that by reason of anything in the said second plea alleged, our said lord the King ought not to be precluded from further prosecuting the said indictment against the said A— B—, because he says that he denies the said several matters in the said second plea alleged, and says that the same are not, nor are, nor is any of them true, and this he the said James Robert Mellor, prays may be inquired of by the country, and the said AB does the like. Therefore let a jury come.

No. 72. DEMURRER BY PROSECUTOR TO DEFENDANT'S PLEA.

[Heading as in No. 68.]

And James Robert Mellor, Esquire, coroner and attorney of our said lord the King, who, for our said lord the King, in this behalf prosecutes, having heard the said plea of the said AB, by him in manner and form above pleaded in bar, for our Lord the King, says, that the said plea, and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law, and that he, the said coroner and attorney for our said lord the King, is not bound by the law of the land to answer the same, and this he, the said coroner and attorney, is ready to verify. Wherefore, for want of a sufficient plea in this behalf, the said coroner and attorney for our said lord the King, prays judgment, and that the said AB- may be convicted of the premises above charged upon him.

(Signed.)

No. 73. JOINDER IN DEMURRER BY PROSECUTOR.

[Heading as in No. 68.]

And James Robert Mellor, Esquire, coroner and attorney of our said lord the King, before the King himself, who for our

said lord the King in this behalf prosecutes, says that our said lord the King ought not to be barred from prosecuting the said indictment [or from having his aforesaid information] against the said A-BB—, because he says, that the said indictment [or information] and the matters therein contained, are good and sufficient in law to compel him, the said A- Bto answer thereto. Therefore, he the said coroner and attorney, for our said lord the King prays judgment, and that the said AB may be convicted of the premises charged upon him in and by the said indictment [or information].

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No. 74. JOINDER IN DEMURRER BY DEFENDANT.

[Heading as in No. 72.]

says that the said plea

And the said A B by and the matters therein contained, in manner and form as the same are above pleaded and set forth, are sufficient in law to bar or preclude our said lord the King from prosecuting the said indictment [or having his aforesaid information] against him, the said A. B., and that he is ready to verify and prove the same, as the Court shall award. Wherefore, inasmuch as the said coroner and attorney has not answered or denied the said plea, nor in any manner replied to the same, he the said A B- prays judgment, and that he may be discharged by the court here, of and from the premises by the said indictment [or information] above charged upon him.

No. 75. RECORD OF INFORMATION, CRIMINAL, FOR TRIAL.

Pleas before our lord the King, in the King's Bench Division of His Majesty's High Court of Justice, at the Royal Courts of Justice, London, in the year of our Lord, one thousand nine hundred and

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Amongst the Pleas of the King's Roll. Amongst the Informations ([Middlesex.]-Be it remembered of 19-, No. that James Robert Mellor, Esquire, coroner and attorney of our said lord the King, in the King's Bench Division of His Majesty's High Court of Justice, before the King himself, who for our said lord the King in this behalf prosecutes in his proper person, came here into the

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King's Bench Division of His Majesty's High Court of Justice, before the King himself, at the Royal Courts of Justice, London, on the day of, one thousand nine hundred, &c., and for our said lord the King brought into the said court, before the King himself a certain information against CD, which said information follows in these words, that is to say [here set out the information verbatim].

(z) [Wherefore the sheriff of the county of was commanded that he should cause him the said AB, to come to answer to our said lord the King touching and concerning the premises aforesaid.] And now, that is to say, on the day of in the year of our Lord one thousand nine hundred and—, before our said lord the King, at the Royal Courts of Justice, London, comes the said A ——B—, by, his solicitor, and having heard the said information read says, that he is not guilty thereof, and hereupon he puts himself upon the country, and James Robert Mellor, Esquire, coroner and attorney of our said lord the King, in the King's Bench Division of His Majesty's High Court of Justice, before the King himself, who for our said lord the King in this behalf prosecutes, does the like (a). Therefore let a jury thereupon

come.

No. 76. RECORD OF INFORMATION (EX OFFICIO) FOR TRIAL.

[Same as No. 75.]

[Using the name of the Attorney or Solicitor-General, instead of that of the King's Coroner and Attorney. Thus:] Sir John Lawson Walton, Knight, Attorney-General of our present sovereign lord the King, who for our said lord the King in this behalf prosecutes, came here into the King's Bench Division, &c.

(-) These words may be omitted if process be not actually issued.

(a) If the plea of justification under the statute be entered, it must be added here.

579

LIST OF STATUTES IN APPENDIX.

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4 & 5 Wm. & Mary, cap. 18. An Act to prevent malicious Informa-
tions in the Court of King's Bench [A.D. 1692]
9 & 10 Wm. III. cap. 32. An Act for the more effectual suppressing
of Blasphemy and Profaneness [A.D. 1698] .
32 Geo. III. cap. 60 (The Libel Act, 1792, known as Mr. Fox's
Libel Act). An Act to remove doubts respecting the Func-
tions of Juries in cases of Libel

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60 Geo. III. & 1 Geo. IV. cap. 8. An Act for the more effectual Prevention and Punishment of Blasphemous and Seditious Libels [1819] ·

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3 & 4 Vict. cap. 9. An Act to give summary protection to persons employed in the Publication of Parliamentary Papers [1840] 586 6 & 7 Vict. cap. 96 (The Libel Act, 1843, known as Lord Campbell's Libel Act). An Act to amend the Law respecting Defamatory Words and Libel

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8 & 9 Vict. cap. 75. An Act to amend the Law respecting Defamatory Words and Libel [1845]

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18 & 19 Vict. cap. 41. An Act for abolishing the jurisdiction of the Ecclesiastical Courts of England and Wales in suits for Defamation [1855].

20 & 21 Vict. cap. 83. An Act for preventing the sale of obscene books, pictures, prints, and other articles [1857] .

32 & 33 Vict. cap. 24. An Act to repeal certain enactments relating to newspapers, pamphlets, and other publications, and to printers, type-founders, and reading-rooms [1869]

44 & 45 Vict. cap. 60. An Act to amend the Law of Newspaper Libel, and to provide for the Registration of Newspaper Proprietors [1881]

588

591

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58 & 59 Vict. cap. 40. An Act to amend the Corrupt and Illegal Practices Prevention Act, 1883 [1895] .

615

580

APPENDIX: STATUTES.

Clerk of the Crown to exhibit no Information for Crimes

above men

by Order of Court, nor

to prosecute.

4 & 5 WM. & MARY, CAP. 18.

An Act to prevent malicious Informations in the Court of King's
Bench, . . . [A.D. 1692.]

'WHEREAS divers malicious and contentious Persons have more of late than in Times past procured to be exhibited and prosecuted, Informations in their Majesties' Court of King's Bench at Westminster, against Persons in all the Counties of England, for Trespasses, Batteries, and other Misdemeanours, and after the Parties so informed against have appeared to such Informations, and pleaded to Issue, the Informers do very seldom proceed any further, whereby the Persons so informed against are put to great Charges in their Defence; and although at the Trials of such Informations Verdicts are given for them, or a Noli prosequi be entered against them, they have no Remedy for obtaining Costs against such Informers: .. .' For Remedy whereof,—

II. Be it enacted by the King's and Queen's most Excellent Majesties, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That tioned, except from and after the first Day of Easter Term, which shall be in the Year of our Lord one thousand six hundred ninety and issue Process, three, the Clerk of the Crown in the said Court of King's till Prosecutor has given £20 Bench for the Time being shall not, without express Order to Recognizance be given by the said Court in open Court, exhibit, receive, or file any Information for any of the Causes aforesaid, or issue out any Process thereupon, before he shall have taken or shall have delivered to him a Recognizance from the Person or Persons procuring such Information to be exhibited, with the Place of his, her, or their Abode, Title, or Profession, to be entered, to the Person or Persons against whom such Information or Informations is or are to be exhibited, in the Penalty of twenty Pounds, that he, she, or they, will effectually prosecute such Informations or Information, and abide by and observe such Orders as the said Court shall direct, which

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