Newspaper reports of cer [This section by 51 & 52 Vict. c. 64, The word "newspaper shall mean any paper containing 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. (See p. 28, supra.) The word "occupation" when applied to any person shall mean his trade or following, and if none, then his rank or usual title, as esquire, gentleman. The phrase "place of residence" shall include the 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 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 or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein, and no other person. 2. Any report published in any newspaper of the proceedtain meetings ings of a public meeting shall be privileged, if such meeting privileged. was lawfully convened for a lawful purpose and open to the was repealed public, and if such report was fair and accurate, and published without malice, and if the publication of the matter complained of was for the public benefit; provided always, that the protection intended to be afforded by this section shall not be available as a defence in any proceeding, if the plaintiff or prosecutor can show that the defendant has refused to insert in the newspaper in which the report containing the matter complained of appeared a reasonable letter or statement of ex 8. 2.] planation or contradiction by or on behalf of such plaintiff or prosecutor. (See 51 & 52 Vict. c. 64, s. 4, p. 103, infra.) tion for 3. No criminal prosecution shall be commenced against any No prosecuproprietor, publisher, editor, or any person responsible for the newspaper publication of a newspaper for any libel published therein, libel without without the written fiat or allowance of the Director of Public AttorneyProsecutions in England or her Majesty's Attorney-General in Ireland being first had and obtained. (See p. 61, supra.) General. diction as to or being true. 4. A Court of summary jurisdiction, 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, may receive evidence as to mary juristhe publication being for the public benefit, and as to the libel being for matters charged in the libel being true, and as to the public benefit report being fair and accurate, and published without malice, and as to any matter which under this or any other Act, or otherwise, might be given in evidence by way of defence by the person charged on his trial on indictment, and the Court, if of opinion after hearing such evidence that there is a strong or probable presumption that the jury on the trial would acquit the person charged, dismiss the case. (See App. A., p. 70, supra.) may to summary 5. If a Court of summary jurisdiction upon the hearing Provision as of a charge against a proprietor, publisher, editor, or any conviction for person responsible for the publication of a newspaper for a libel. libel published therein is of opinion that though the person charged is shown to have been guilty the libel was of a trivial character, and that the offence may be adequately punished by virtue of the powers of this section, the Court shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect: "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?" and, if such person assents to the case being dealt with summarily, the Court may summarily convict F. H 42 & 43 Vict. c. 49. him and adjudge him to pay a fine not exceeding fifty pounds. (See App. A., pp. 71, 72, supra.) Section twenty-seven of the Summary Jurisdiction Act, 1879, shall, so far as is consistent with the tenor thereof, apply to every such proceeding as if it were herein enacted and extended to Ireland, and as if the Summary Jurisdic11 & 12 Vict. tion Acts were therein referred to instead of the Summary Jurisdiction Act, 1848. c. 43. 22 & 23 Vict. c. 17, made applicable to this Act. Board of Trade may authorize the names of of the pro 6. Every libel or alleged libel, and every offence under this Act, shall be deemed to be an offence within and subject to the provisions of the Act of the session of the twenty-second and twenty-third years of the reign of her present Majesty, chapter seventeen, intituled "An Act to prevent vexatious indictments for certain misdemeanors." 7. Where, in the opinion of the Board of Trade, inconvenience would arise or be caused in any case from the registration of registry of the names of all the proprietors of the newsonly a portion paper (either owing to minority, coverture, absence from the United Kingdom, minute subdivision of shares, or other special circumstances), it shall be lawful for the Board of Trade to authorize the registration of such newspaper in the name or names of some one or more responsible "representative proprietors." (See Part I., Article 5, p. 4 et seq., supra.) prietors of a newspaper. Register of newspaper 8. A register of the proprietors of newspapers as defined proprietors to by this Act shall be established under the superintendence be established. of the registrar. Annual made. 9. It shall be the duty of the printers and publishers returns to be for the time being of every newspaper to make or cause to be made to the Registry Office on or before the thirty-first of July one thousand eight hundred and eighty-one, and thereafter annually in the month of July in every year, a return of the following particulars according to the Schedule A. hereunto annexed; that is to say, (a) The title of a newspaper: (b) The names of all the proprietors of such newspaper together with their respective occupations, places of business (if any), and places of residence. omission to 10. If within the further period of one month after the Penalty for time herein-before appointed for the making of any return make annual as to any newspaper such return be not made, then each returns. printer and publisher of such newspaper shall, on conviction thereof, be liable to a penalty not exceeding twentyfive pounds, and also to be directed by a summary order to make a return within a specified time. 11. Any party to a transfer or transmission of or dealing Power to with any share of or interest in any newspaper whereby return. party to make any person ceases to be a proprietor or any new proprietor is introduced may at any time make or cause to be made to the Registry Office a return according to the Schedule B. hereunto annexed and containing the particulars therein set forth. (See p. 5, supra.) wilful mis 12. If any person shall knowingly and wilfully make or Penalty for cause to be made any return by this Act required or per- representation mitted to be made in which shall be inserted or set forth in or omission from return. the name of any person as a proprietor of a newspaper who shall not be a proprietor thereof, or in which there shall be any misrepresentation, or from which there shall be any omission in respect of any of the particulars by this Act required to be contained therein whereby such return shall be misleading, or if any proprietor of a newspaper shall knowingly and wilfully permit any such return to be made which shall be misleading as to any of the particulars with reference to his own name, occupation, place of business (if any), or place of residence, then and in every such case every such offender being convicted thereof shall be liable to a penalty not exceeding one hundred pounds. 13. It shall be the duty of the registrar and he is hereby Registrar to required forthwith to register every return made in con- in register. enter return Fees payable services. formity with the provisions of this Act in a book to be kept for that purpose at the Registry Office and called “the register of newspaper proprietors," and all persons shall be at liberty to search and inspect the said book from time to time during the hours of business at the Registry Office, and any person may require a copy of any entry in or an extract from the book to be certified by the registrar or his deputy for the time being or under the official seal of the registrar. (See p. 5, supra.) 14. There shall be paid in respect of the receipt and for registrar's entry of returns made in conformity with the provisions of this Act, and for the inspection of the register of newspaper proprietors, and for certified copies of any entry therein, and in respect of any other services to be performed by the registrar, such fees (if any) as the Board of Trade with the approval of the Treasury may direct and as they shall deem requisite to defray as well the additional expenses of the Registry Office caused by the provisions of this Act, as also the further remunerations and salaries (if any) of the registrar, and of any other persons employed under him in the execution of this Act, and such fees shall be dealt with as the Treasury may direct. (See p. 5, supra.) Copies of entries in and extracts from register to be evidence. Recovery of 15. Every copy of an entry in or extract from the register of newspaper proprietors, purporting to be certified by the registrar or his deputy for the time being, or under the official seal of the registrar, shall be received as conclusive evidence of the contents of the said register of newspaper proprietors, so far as the same appear in such copy or extract without proof of the signature thereto or of the seal of office affixed thereto, and every such certified copy or extract shall in all proceedings, civil or criminal, be accepted as sufficient primâ facie evidence of all the matters and things thereby appearing, unless and until the contrary thereof be shown. (See p. 5, supra.) 16. All penalties under this Act may be recovered before |