unknown to himself, the instrument of publication of libellous matter, would not be liable, either civilly or criminally. In Day v. Bream (1), it was decided that a porter, who in the course of his business delivers parcels containing libellous handbills, is not liable in an action for libel, if he be shown to be ignorant of the contents of the parcels. Patteson, J., in summing up, left it for the jury to say whether the defendant delivered the parcels in the course of his business without any knowledge of the contents, if so to find for him, observing, that prima facie he was answerable, inasmuch as he had in fact delivered and put into publication the libels complained of, and was therefore called upon to show his ignorance of the contents.

Prescott.

In the case of Parkes v. Prescott (m), P. was chairman Parkes v. of, and E. was present at, a meeting of a board of guardians on an occasion when there was a discussion concerning the plaintiff's conduct, in the course of which defamatory statements concerning him were made. Reporters for the local press attended the meeting in the ordinary discharge of their duty. E., during the proceedings, said "he hoped the local press would take notice of this very scandalous case," and requested the chairman to give an outline of it. The chairman complied, and in the course of his statement

(1) Day v. Bream, 2 Moo. & Rob. 54. Another example would be that of a postman delivering a letter containing defamatory matter.

(m) Parkes v. Prescott, 4 L. R. Exch. 169; 38 L. J. Exch. 105; 17 W. R. 773; 20 L. T. N. S. 537, Exch. Cham. And see also Reg. v. Cooper, 8 Q. B. 533; 15 L. J. Q. B. 206; Adams v. Kelly, Ry. & Mood.

said, "I am glad gentlemen of the press are in the room, and I hope they will take notice of it." E. added, “and so do I.” The chairman further expressed a hope that publicity would be given to the matter. A correct but condensed summary of the proceedings, containing matter defamatory of the plaintiff was afterwards inserted in two local newspapers. An action for libel was thereupon brought against E. and P. The declaration charged them with publishing the report in question, which was set out verbatim. The judge directed a verdict to be entered for them, being of opinion that there was no evidence of the publication by them of the libels complained of :-Held, a misdirection. It was decided by Smith, Keating and Hannen, JJ., that, Where a man makes a request to another to publish defamatory matter, of which for the purpose he gives him a statement, whether in full or in outline, and the agent publishes that matter, adhering to the sense and substance of it, although the language is to some extent his own, the man making the request is liable as the publisher. By Byles, J., There is a great difference between the authority which will make a man liable criminally for the acts of his agent and that which will make him liable civilly. A principal is not civilly liable unless the agent's authority is by the agent duly pursued, but the principal may be criminally liable though the agent has deviated very widely from his authority.

Having examined at some length the law of libel as applied to newspaper proprietors, editors, printers, &c., prior to the Act of 1881, having treated of that law with

reference to the reports of proceedings in Courts of Justice, and in both Houses of Parliament, also with reference to the reports of proceedings at public meetings, having touched upon the various sections of Lord Campbell's Libel Act, the general rules as to comment and criticism, the admission of justificatory evidence before a court of summary jurisdiction, and the criminal liability of the proprietor of a newspaper for the act of his subordinate, we now pass to the consideration of thè Newspaper Libel and Registration Act, which will be more clearly comprehended and its advantages better understood by combining with such consideration, a knowledge of the law as it existed previous to that statute.

Short title.

Interpretation.

Registrar.

Present

registrar.

An Act to amend the Law of Newspaper Libel, and to provide for the Registration of Newspaper Proprietors.

THIS Act may for all purposes be cited as the Newspaper Libel and Registration Act, 1881.

Be it 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. In the construction of this Act, unless there is anything in the subject or context repugnant thereto, the several words and phrases hereinafter mentioned shall have and include the meanings following; (that is to say,)

The word "registrar" (a) shall mean in England the registrar for the time being of joint stock companies or such person as the Board of Trade may for the time being

(a) The present Registrar of Joint Stock Companies is John S. Purcell, Esq., Inland Revenue, Somerset House, W.C. The Assistant Registrar for Ireland, Augustus H. Wyatt, Esq., Inland Revenue, Custom House, Dublin.

authorise in that behalf, and in Ireland the assistantregistrar for the time being of joint stock companies for Ireland, or such person as the Board of Trade may for the time being authorise in that behalf.

office.

The phrase "registry office" shall mean the principal Registry office for the time being of the registrar in England or Ireland, as the case may be, or such other office as the Board of Trade may from time to time appoint.

The word "newspaper" shall mean any paper contain- Newspaper. ing public news, intelligence or occurrences, or any remarks or observations therein printed for sale, and published in England or Ireland periodically, or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts or numbers.

Also any paper printed in order to be dispersed and made public weekly or oftener, or at intervals not exceeding twenty-six days, containing only or principally advertisements.

The word "occupation" when applied to any person Occupation. shall mean his trade or following, and if none, then his rank or usual title as esquire, gentleman.

residence.

The phrase "place of residence" shall include the Place of street, square, or place where the person to whom it refers shall reside, and the number (if any) or other designation of the house in which he shall so reside.

The word "proprietor" shall mean and include as well Proprietor. the sole proprietor of any newspaper, as also in the case of a divided proprietorship, the persons who as partners or otherwise, represent and are responsible for any share