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     JHIIN‘ INNS, QUEEN’S PRINTER. 
     
    
   
   
    
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     Charlottetown, Prince Edward Isla 
     
    
   
   
    
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     ‘1‘“ 
     
    
   
   
    
     VOL. IV.——No. 322 
     
    
   
   
    
       
     
    
   
   
    
     LAWS or Pinion EDWARD isLAND. 
     
     X X V . 
     
    
   
   
    
       
     
    
   
   
    
     C A P , 
     
    
   
   
    
     An Act to amend the Law respecting Defamatory 
     
    
   
   
    
     \Vords and Libel. 
     
     [Passed April 3, 1865.] 
     
    
   
   
    
     BE it enacted by the Lieutenant Governor, Coun- 
     
     _‘ cil and Assembly, as follows: 
     
    
   
   
    
     I. For the better protection of private character, 
     
     and for more effectually securing the liberty of the 
     
     Press, and for better preventing abuses in exercising 
     
     the said liberty 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 ofthe 
     
     action, or as soon afterwards as he had an oppor- 
     
     tunity ofdoing so, in case the action shall have been 
     
     commenced before there was an opportunity ofmak- 
     
    
   
   
    
     ing or offering such apology. 
     
    
   
   
    
     II. In an action for a Libel contained in any pub- 
     
     lic newspaper or other periodical published, it shall 
     
     be competent to the Defendant to plead that such 
     
     Libel was inserted in such newspaper or other 
     
     periodical publication. without actual malice and 
     
     without gross negligence, and that before the com- 
     
     mencement of the action, or at the earliest oppor- 
     
     tunity afterwards, be inserted in such newspaper or 
     
     other periodical publication a full apology for the 
     
     said Libel; or if the newspaper or periodical publi- 
     
     cation, in which the said Libel appeared, should be 
     
     ordinarily published at intervals exceeding one week, 
     
     had offered to publish the said apology in any news- 
     
     paper 'or periodical publication to be selected by the 
     
     Plaintiff in such action; and that every such Defen- 
     
     dant shall, upon filing such Plea, pay into Court a 
     
     sum of money by way of amends for the injury sus- 
     
     tained by the publication of such Libel, otherwise 
     
     such Plea shall be deemed a nullity and may be 
     
     treated as such by the Plaintiff in the action, and 
     
     such payment into Court shall be ofthe 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 the 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, and that to such plea 
     
    
   
   
    
       
     
    
   
   
    
     to such action, it shall be competent to the Plaintiff 
     
     to reply generally denying the whole ofsucb plea. 
     
    
   
   
    
     ' Ill. If any person shall publish,or threaten to pub: 
     
     hsh,any Libel upon any other person, or shall directn 
     
     ly or indirectly threaten to print or publish, or shall 
     
     directly or indirectly propose to abstain from print- 
     
     ing or publishing, or shall directly or indirectly 
     
     offer to prevent the printing or publishing ofany 
     
     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 oflice of profit, or trust, every such Offender on 
     
     being convicted thereof, shall be liable to be impri- 
     
     soned, with or without hard labor, in the Common 
     
     Jail ofthe County for any term not exceeding three 
     
     years. Provided always, that nothing herein con— 
     
     tained shall, in any manner, alter or affect any Law 
     
     now in force in respect ofthe sending or delivery of 
     
     threatening letters or writings. 
     
    
   
   
    
     IV. If any person shall maliciously publish any 
     
     Defamatory Libel, knowing the same to be false, 
     
     every such person being convicted thereofshall be 
     
     liable to be imprisoned in the Common Jail for any 
     
     term not exceeding two years, and to pay such fine 
     
     as the Court shall award. 
     
    
   
   
    
     V. If any person shall maliciously publish any 
     
     Defamatory Libel, every such person being convict- 
     
     ed thereof shall be liable to fine or imprisonment, or 
     
     both, as the Court may award, such imprisonment 
     
     not to exceed the term ofone year. 
     
    
   
   
    
     Vl. On the triai of any indictment or information 
     
     for a Defamatory Libel, the Defendant having 
     
     pleaded such plea, as hereinafter mentioned, the 
     
     truth of the matter charged maybe inquired into, 
     
     but shall not amount to a defence unless it was for 
     
     the public benefit, that the said matters charged 
     
     should be published; and that to entitle the Defen- 
     
     dant to give evidence of the truth of such matters 
     
     charged 'as a defence to such indictment or informa- 
     
     tion, 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 a;