criminal or printed by order of Par liament to be stayed upon delivery of a certificate and the effect that such publication is by order of either affidavit to remedy whereof it is expedient that more speedy protection should be afforded to all persons acting under the authority aforesaid, and that all such civil or criminal proceedings should be summarily put an end to, and determined in manner hereinafter mentioned: 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, that it Proceedings shall and may be lawful for any person or persons who civil against now is or are, or hereafter shall be, a defendant or defen- persons for publication dants in any civil or criminal proceedings commenced or of papers prosecuted in any manner soever, for or on account, or in respect of the publication of any such report, paper, votes, or proceedings by such person or persons, or by his, her, or their servant or servants by or under the authority of either House of Parliament, to bring before the Court in which such proceeding shall have been or shall be so commenced or prosecuted, or before any judge of the same (if one of the superior Courts at Westminster), first giving Parliament. twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate under the hand of the Lord High Chancellor of Great Britain, or the Lord Keeper of the Great Seal, or of the Speaker of the House of Lords for the time being, or of the Clerk of the Parliaments, or of the Speaker of the House of Commons, or of the Clerk of the same House, stating that the report, paper, votes, or proceedings, as the case may be, in respect whereof such civil or criminal proceeding shall have been commenced or prosecuted, was published by such person or persons, or by his, her, or their servant or servants by order or under the authority of the House of Lords, or of the House of Commons, as the case may be, together with an affidavit verifying such certificate; and such Court or judge shall thereupon immediately stay such civil or criminal proceeding, and the same, and every writ or process issued therein shall be, F. G House of and shall be deemed and taken to be, finally put an end to, determined and superseded by virtue of this Act. (See Part I., Article 15, p. 26, supra.) 2. And be it enacted, that in case of any civil or criminal proceeding hereafter to be commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes, or proceedings, it shall be lawful for the defendant or defendants at any stage of the proceedings to lay before the Court or judge such report, paper, votes, or proceedings, and such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy, and the Court or judge shall immediately stay such civil or criminal proceeding, and the same, and every writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded by virtue of this Act. (See Part I., Article 15, p. 26, supra.) 3. And be it enacted, that it shall be lawful in any civil or criminal proceeding to be commenced or prosecuted for printing any extract from or abstract of such report, paper, votes, or proceedings, to give in evidence under the general issue such report, paper, votes, or proceedings, and to show that such extract or abstract was published bonâ fide and without malice; and if such shall be the opinion of the jury, a verdict of not guilty shall be entered for the defendant or defendants. (See Part I., Article 15, p. 26, supra.) 4. Provided always, and it is hereby expressly declared and enacted, that nothing herein contained shall be deemed or taken, or held, or construed, directly or indirectly, by implication or otherwise, to affect the privileges of Parliament in any manner whatsoever. LORD CAMPBELL'S ACT (6 & 7 VICT. c. 96). An Act to amend the Law respecting Defamatory Words and Libel. evidence in mitigation of damages. For the better protection of private character, and for Offer of an more effectually securing the liberty of the press, and for missible in apology adbetter preventing abuses in exercising the said liberty, 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, that in any action for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff at the time of filing or delivering the plea in such action) to give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or as soon afterwards as he had an opportunity of doing so, in case the action shall have been commenced before there was an opportunity of making or offering such apology. (See Part I., Article 27, p. 47, supra.) In an action against a newspaper for libel, the defendant inserted with 2. And be it enacted, that in an action for a libel contained in any public newspaper or other periodical publication, it shall be competent to the defendant to plead that such libel was inserted in such newspaper or may plead other periodical publication without actual malice and that it was without gross negligence, and that before the commence- out malice ment of the action, or at the earliest opportunity after- neglect, and wards, he inserted in such newspaper or other periodical may pay publication a full apology for the said libel, or if the news- Court as paper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said and without money into amends. [The words in italics were repealed by the Civil Pro cedure Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), Schedule, Part II.] such apology in any newspaper or periodical publication, to be selected by the plaintiff in such action; and that every defendant shall, upon filing such plea, be at liberty to pay into Court a sum of money by way of amends for the injury sustained by the publication of such libel, and such payment into Court shall be of the same effect, and be available in the same manner and to the same extent, and be subject to the same rules and regulations as to payment of costs and the form of pleading, except so far as regards the pleading of the additional facts hereinbefore required to be pleaded by such defendant, as if actions for libel had not been excepted from the personal actions in which it is lawful to pay money into 3 & 4 Will. 4, Court under an Act passed in the session of Parliament held in the fourth year of his late Majesty, intituled "An Act for the further Amendment of the Law, and better Advancement of Justice;" and that to such plea to such action it shall be competent to the plaintiff to reply generally, denying the whole of such plea. (See Part I., Article 21, p. 42, supra.) c. 42. Publishing or with intent to extort money, imprisonment with hard labour. 3. And be it enacted, that if any person shall publish or threaten to publish any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing punishable by or publishing, or shall directly or indirectly offer to prevent the printing or publishing, of any matter or thing touching any other person, with intent to extort any money or security for money, or any valuable thing, from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, every such offender, on being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; provided always that nothing herein contained shall in any manner alter or affect any law now in force in respect of the sending or delivery of threatening letters or writings. of false 4. And be it enacted, that if any person shall mali- Punishment ciously publish any defamatory libel, knowing the same to defamatory be false, every such person, being convicted thereof, shall libel, be liable to be imprisoned in the common gaol or house of correction for any term not exceeding two years, and to pay such fine as the Court shall award. (See pp. 55, 71, supra.) malicious 5. And be it enacted, that if any person shall mali- and of ciously publish any defamatory libel, every such person, defamatory being convicted thereof, shall be liable to fine or imprison- libel. ment, or both, as the Court may award, such imprisonment not to exceed the term of one year. (See p. 55, supra.) upon the trial mation for a 6. And be it enacted, that on the trial of any indictment Proceedings or information for a defamatory libel, the defendant having of an indictpleaded such a plea as hereinafter mentioned, the truth of ment or inforthe matters charged may be inquired into, but shall not defamatory amount to a defence, unless it was for the public benefit libel. that the said matters charged should be published; and that to entitle the defendant to give evidence of the truth of such matters charged as a defence to such indictment or information, it shall be necessary for the defendant, in pleading to the said indictment or information, to allege the truth of the said matters charged in the manner now required in pleading a justification to an action for defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally, denying the whole thereof; and that if, after such plea, the defendant shall be convicted on such indictment or information, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea, and by the evidence given to prove or to disprove the same; provided always, that the |