2. Proposes to abstain from printing or publishing of, or 3. Offers 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 from any other person, or with intent to induce any person to confer upon or procure for any person any appointment or office of profit or trust, is guilty of a misdemeanor, and shall be liable to a fine not exceeding six hundred dollars, or to imprisonment, with or without hard labor, in any gaol or place of confinement other than the penitentiary, for any term less than two years, or both, as the court may award: 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. Punishment 2. Whosoever maliciously publishes any defamatory libel, for publishing knowing the same to be false, is guilty of a misdemeanor, a defamatory libel, know- and shall be liable to a fine not exceeding four hundred doling it to be lars, or to imprisonment with or without hard labor, in any false. gaol or place of confinement other than the penitentiary for any term less than two years, or both, as the court may award. Punishment for publishing any defamatory libel. Rights and duties of and defen of not guilty, of making or publishing a defamatory libel being pleaded. 3. Whosoever maliciously publishes any defamatory libel is guilty of a misdemeanor, and shall be liable to a fine not exceeding two hundred dollars, or to imprisonment with or without hard labour, in any gaol or place of confinement other than the penitentiary for any term not exceeding one year, or both, as the court may award. 4. On the trial of any indictment or information for the court and jury making or publishing of any defamatory libel, on the plea of not guilty pleaded, the jury sworn to try the issue may give dant, on plea a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information, and shall not be required or directed by the court or judge before whom such indictment or information is tried, to find the defendant guilty, merely on the proof of publication by such defendant of the paper charged to be a defamatory libel, and of the sense ascribed to the same in such indictment or information; but the court or judge before whom such trial is had shall, according to the discretion of such court or judge, give the opinion and direction of such court or judge to the jury on the matter in issue, as in other criminal cases; and the jury may on such issue find a special verdict, if they think fit so to do; and the defendant, if found, guilty, may move in arrest of judgment on such ground and in such manner as he might have done before the passing of this Act. 5. On the trial of any indictment or information for a On plea of defamatory libel, the defendant having pleaded such a plea justification pleaded the as hereinafter mentioned, the truth of the matters charged truth of the may be inquired into, but shall not amount to a defence, matters charged may unless it was for the public benefit that the said matters be inquired charged should be published. into. title defen the 6. To entitle the defendant to give evidence of the truth What must be of such matters charged as a defence to any such indict- alleged to enment or information it shall be necessary for the defendant, dant to give in pleading to the indictment or information, to allege the truth of truth of the matters charged, and further to allege that the matters it was for the public benefit that the said mattters charged charged as a should be published; to which plea the prosecutor shall be indictment. at liberty to reply generally, denying the whole thereof. defence to any 7. Without such plea the truth of the matters charged The truth not to be inquired as libellous in any such indictment or information, or that into unless it was for the public benefit that such matters should have specially been published, shall in no case be inquired into. pleaded. 8. If after such plea the defendant be convicted on such Effect of plea indictment or information, the court, in pronouncing tion in case of of justificasentence, may consider whether the guilt of the defendant is conviction. aggravated or mitigated by such plea, and by the evidence given to prove or disprove the same. not to take 9. In addition to such plea of justification, the defendant Special plea may plead not guilty; and no defence otherwise open to away or prethe defendant under the plea of not guilty shall be taken judice any away or prejudiced by reason of such special plea. defence under plea of not guilty. dant may re of publication 10. Whenever, upon the trial of any indictment or in- On plea of not formation for the publication of a defamatory libel, to guilty defenwhich a plea of not guilty has been pleaded, evidence is but presumpgiven which establishes a presumptive case of publication, tie evidence against the defendant by the act of any other person, by his by his authority, the defendant may prove, and if proved it shall authority. be a good defence, that such publication was made without his authority, consent or knowledge, and that such publication did not arise from want of due care or caution on his part. not allowed 11. The right of the Crown to cause any juror to stand Right to set aside until the panel has been gone through, shall not be aside jurors exercised on the trial of any indictment or information by a to private private prosecutor for the publication of a defamatory libel. prosecutor. judgment. As between 12. In the case of an indictment or information by a private prosecutor and de- private prosecutor for the publication of a defamatory libel, fendant, costs if judgment be given against the defendant, he shall be liable for the costs sustained by the prosecutor by reason of such indictment or information; and if judgment be given for the defendant he shall be entitled to recover from such prosecutor the costs sustained by him (the defendant) by reason of such indictment or information; such costs, so to be recovered by the prosecutor or defendant respectively, to be taxed by the court, judge or the proper officer of the court before which such indictment or information is tried. Proccedings for the enforcing of payment of such costs. Inconsistent acts and laws repealed. Preamble. 34 V., c. 13. Acts 32. 33 V., cc. 32, 33 extended to Manitoba. 13. The costs mentioned in the last preceding section of this Act shall be recoverable either by warrant of distress issued out of the said court, or by suit on said bill of costs as for an ordinary debt. 14. So much of any Act or law in force in any portion of Canada as may be inconsistent with this Act, or makes other provision with respect to any matter provided for by this Act is hereby repealed. СНАР. 39. An Act to extend certain Acts relating to the prompt administration of justice in criminal matters to the Province of Manitoba. [Assented to 26th May, 1874.] THEREAS the Acts hereinafter mentioned are in schedule "A" to the Act passed in the thirty-fourth year of Her Majesty's reign, intituled "An Act respecting the force and effect of the Acts of the Parliament of Canada, in and in relation to the Province of Manitoba and the Colony of British Columbia when it becomes a Province of Canada," mentioned as among those which shall not under that Act apply to the Province of Manitoba, and it is found expedient to remove such restriction and extend them to the said Province: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts follows: 1. So much of schedule "A" to the Act cited in the preamble to this Act, or of any other part of the said Act, as would prevent the application to the said Province, of the Acts passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled re spectively, spectively, "An Act respecting the prompt and summary administration of Criminal Justice in certain cases," and "An Act respecting the trial and punishment of Juvenile Offenders," is hereby repealed; and the said Acts shall extend and apply to the Province of Manitoba as they would have done under the Act cited in the preamble if they had been omitted from the said schedule" A," subject to the provisions of this Act. 2. Nothing in this Act shall be so construed as to give a This Act not retroactive effect to the Acts hereby extended to Manitoba, retroactive. or to any enactment or provision therein. tion of expres 33 V., cc. 32, 3. In the first mentioned of the two Acts hereby extended Interpretato Manitoba, the expression "a competent magistrate," and sions in the the expression "the magistrate" shall, with respect to the said Acts, 32, said Province, have the same meaning, and include the like 33. functionaries and tribunals as with respet to the Provinces of Quebec and Ontario; and in the secondly mentioned of the said two Acts, the expression "any two or more justices," and the expression "the justices" shall, with respect to the Province of Manitoba, have the same meaning and include the like functionaries and tribunals as with respect to the said Provinces of Quebec and Ontario; and the expression "the common gaol or other place of confinement," in either of the said Acts shall have the same meaning with respect to the said Province of Manitoba, as with respect to the other Provinces mentioned in the said Act. СНАР, 4 0. An Act to amend the Act respecting the prompt and summary administration of Criminal Justice in certain cases, as respects the Provinces of Nova Scotia and New Brunswick. [Assented to 26th May, 1874.] 32, 33 V., e. I N amendment of the Act passed in the session held in Preamble. the thirty-second and thirty-third years of Her Majesty's 'amended. reign, and intituled "An Act respecting the prompt and summary administration of Criminal Justice in certain cases, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The expression "a Competent Magistrate," in the said What certain Act, shall, as respects the Province of Nova Scotia or the expressions in Province 32, 33 V., c. 32 shall mean as Province of New Brunswick, mean and include any Rerespects New corder, Judge of a County Court, Stipendiary Magistrate or Brunswick and Nova Scotia. Preamble. The Act 32-33 V., c. 35 declared to apply and to have applied to Algoma. Police Magistrate, acting within the local limits of his jurisdiction, as well as any functionary included by the said expression as respects either of the said Provinces under the terms of the said Act; and the expression "the Magistrate," in the said Act, shall, as respects either of the said Provin ces, mean a competent Magistrate, as above defined; and the said Act shall, from and after the passing of this Act, be construed and have effect accordingly. СНАР. 4 1. An Act for avoiding doubts as to the application of the [Assented to 26th May, 1874.] FOR avoiding doubts as to the application of the Act here inafter mentioned to and in the Provisional Judicial District of Algoma, in the Province of Ontario: Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: 1. It was and is the intent and meaning of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act for the more speedy trial in certain cases, of persons charged with felonies and misdemeanors in the Provinces of Ontario and Quebec," that the said Act should apply to the said Provisional District of Algoma, and that the judge of the said district, being authorized to act as chairman of the general sessions of the peace, should have all the powers rested by the said Act in a County Judge so authorized; and the said Act shall be construed to have and to have had effect accordingly, and all things heretofore done by the judge of the said district under the said Act so construed, are hereby confirmed and declared valid. CHAP |