«EB

ROYAL GAZETTE

liberty to reply,genera|ly 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 truth ofthe matters charg- ed iii the alleged Libel complained of by such indict- ment or information, shall in no case be inquired into without such plea of justification. Provided also, that in addition to such plea, it shall be com- petent to the Defendant to plead a plea of not guilty. Provided also,that nothing in this Act contained shall take away or prejudice any defence under the plea of not guilty, which it is now competent to the De- fendant to make under such plea to any action, or indictment, or information for Defamatory \Vords or

Libel.

VII. \Vhensoever upon the trial of any indictment or information for the publication of a Libel under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publica- tion against the Defendant by the Act of any other

erson by his authority, it shall be competent to such Defendant to prove that such publication was made.witlwut his authority, consent or knowledge, and that the said publication did not arise from want ofdue care or caution on his part.

VIII, In the case of any indictment or informa- tion by a private prosecutor for the publication of anyRDefainatory Libel, ifjudgment shall be given for the Defendant, he shall be entitled to recover from the Prosecutor the costs sustained by the said Defendant by reason of such indictment or infor- mation, and upon a special plea oijstification to such indictment or information, ifthe issue be' found for the Prosecutor, he shall be entitled to recover from the Defendant the costs sustained by the I’rose- cutor by reason ofsuch plea; such costs so to be re- covered by the Defendant or Prosecutor, respective- ly, to be taxed by a Judge of the Court before which the said indictment or infbrmation is tried.

IX. \Vherever throughout this Act in describing the l’laintifl‘or the Defendant, or the party ailected or intended to be affected by the offence, words are used importing the singular number, or the masculine gender only, they shall, nevertheless, be understood to include several persons as well as one person, and females as Well as males, unless when the na- ture of the provision or the context of the Act shall exclude such construction.

X. In every case, civil or criminal, where a ma] shall be had for a Libel published in any printed newspaper, magazine or other periodical publication, evidence may be given of the printing or publishinir of such Libel by the production of the actual new; paper, magazine or other printed publication con- taining the alleged Libel, and which shall be proved to have been published or printed by the said Dc- fendant, or by his authority, express or implied. and it shall be prima facie evidence of such printing and publishing to produce any printed document contain- ing the libellous matter complained of, and which amongst other printed matter contained therein pur- ports to be printed and published by the said Defen-

dant, together with the testimony of any competent witness, who shall on oath, state to the effect that he knows the said Defendant and verily believes that the printed paper, so offered in evidence, has been printed or published by the authority express or im- plied of the said Defendant.

XI. The proceeding, by criminal information,fbr a Libel on a private indiv'idual is hereby abolished.

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CAP. XXVI.

An Act to incorporate the Minister and Trustees of the Presbyterian Congregation of \\"oodville and Little Sands, Townships Numbers sixty-two and sixty-four.

[Passed April 3, 1865.]

V, HEREAS it is desirable for the efficient man--

agement ofthe temporal affairs ofthe Presby- terian Congregation of \Voodville and Little Sands,

Townships Numbers sixty-two and sixty-four, that

its Minister and Trustees be an lnCorporate Body.

I. Be it therefore enacted by the Lieutenant Gov- ernor, Councd and Assembly, as follows, that is to say: that the Reverend Donald MacNeill be ar-qflicio, and John MacDonald, junior, Duncan Crawford Neil MacMillan, Donald Beaten, Duncan Mann, Malcolm Stewart and Donald Beaten, Junior, and their successors forever, shall be and are hereby Constituted and declared to be a Body Corporate under and by the name of “ The Minister and Trus: tees of the Presbyterian Congregation of \Yoodville and Little Sands,” and shall continue until the first Monday of January, in the year of Our Lord one thousand eight hundred and sixty-six, and they and their successors, in office forever, shall have a com- mon seal, with power to break, change and alter the same from time to time as may be found requisite and shall be in Law capable of suoing, pleadiiw‘ defending, answeriiig,and of being sued, iinpleaded’ defended and answered unto in all Courts ol‘Judica: ture, in all manner ofactions; and also ofcontract- mg, and being contracted with, relative to the lands and funds of the said Corporation, and the other purposes for which it is eoiistituted as hereinafter declared; and may establish, put in execution, alter or repeal-such By-laws and Regulations as shall not be contrary to the .Constitution and Laws of this Island, or the prOVisions of this Act, as may appear to the said Corporation necessary and expedient for interests thereof, and for these purposes appoint their own Chairman and other oflicers, three incin- bei's being a quorum, in all matters to be done and disposed of by the said Corporation.

II. After the passing of this Act there shall be chosen, annually, on the first Monday ofJanuary in each year, sewn persons, four persons from aman the members in full standing in the Connregatioii: and likewise, also, three persons from aTnontr thd members or adherents qualified to vote as herbeinafl ter mentioned, being seven in all, who shall be to- gether with the Minister of the Congreiration or in case ofa vacancy, the members of Pi-Zsbytei'y ap- pomted to moderate in the session durinn such vacancy in lieu‘ of the Trustees appointedbin this Act, the Body Corporate of the said Congregation.