The Sun.
London, England, 1833-04-11 00:00:00

LAWS RESPECTING LIBELS.

Whereas it is expedieht, as well for the protec-
tion of the freedom of the press, which bath been a
chief safeguard and promoter of the liberties of the
people, as to protect personal reputation from un-
warrantable aggression, that the laws relating to
libel should be amended :

And whereas some distinctions have obtained in
the practice of the law between civil and criminal
proceedings in cases of libel, and it is expedient that
such proceedings should be assimilated :
And whereas by an Act passed in the 324 year of
the reign of his late Majesty King George 111., en-
titled, " An Act to remove doubts respecting the
functions of juries in cases of libel," it was, amongst
other things, provided, that in all criminal proceed-
ings it should be competent for the jt.ry to give a
verdict upon the whole matter in issue:
And whereas it is expedient that the said Act
should be repealed, and that the provisions thereof
shooed be consolidated in this Act as hereinafter
contained; be it teerefore enacted, by the King's
Most Excellent Majesty, by and with the consent of
the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the au-
thority of the same, that from and after the passing
of this Act, the said Act shall be, and the same is
hereby repealed.
And whereas by a certain other Act passed in the
60th year of his late Majesty King George 111.
entitled, " An A, t to subj•ct certain publications to
the duties of stamps upon newspapers, and to make
other regulations for restraining the abuses arising
from the publication of blasphemous and seditious
libels," certain provisions were made for preventing
any person from publishing any newspaper or
pamphlet, or other paper of the description therein
mentioned, without first entering into a recognizance,
or giving a bond with sureties in the mariner and to
the amount therein specified, for securing the pay-
ment of fines on convictions for libels : And
whereas by a certain other Act passed in the first
year of his present Majesty, entitled, " An Act to
repeal so much of an Act of the 60th year of his
late Majesty, King George 111., for the more effec-
tual P.eventien and Punishment of Blasphemous
and Seditious Libels, as relates to the sentence of
banishment for the second offence, and to provide
some further remedy against the abuse of publishing
Libels," it was, amongst other things, provided,
that such recoginzvices and bonds in ail future cases
should be increased in amount as therein specified,
and that the conditions of such recognizinces and
bonds respectively should extend to secure the pay.,
relent of damages and costs, to be recovered in ac-
tions for libels : And whereas, such provisions of
the last-mentioned Acts res.rict the commercial free-
dom of the press, and it is expedient to remove such
restriction : Be it therefore enacted, that all such
parts of the said last-mentioned acts, respectively,
as prohibit any person from publishing any news-
paper or pamphlet, or other paper of the description
therein mentioned, without first entering into a re-
cognizance or bond with sureties, shall be and the
same are hereby repealed.
And be it enacted, that throughout this Act,
wherever the following words or expressions occur
they shall have the following constructions, except
there be something in the subject or context math-
festly repugnant to such constructions (that is to
say) the word " libel" shall be construed to include
any matter written or printed, any painting, picture,
print or engraving, image or effigy, or any other
visible substance, containing or conveying any inju-
rious imputation, whether such imputation be true
or false, affecting the character, property, profession,
trade, or calling, or the position in society, or feel-
iegs of any person, either in his public or private
capacity, as an individual or member of any body
corporate, or, as the case may be, any seditious pub-
lication, designed ro obstruct, or to excite others to
obstruct, the deliberations or proceedings of the
Houses of Legislature, or either of them, or to ob-
struct, or to excite others to obstruct, the perform-
ance of the duties of any one or more of the func-
tionaries of the Executive Government, or any
blasphemous or obscene publication; that the word
publication" shall be construed to include every
form and mode of publication of any libel; that the
word " judge" shall be construed to include any
court before which any proceeding may be had,
where more persons than one preside in suet
court ; that the words " plaintiff or prosecutor"
shall be construed to include complaining par-
ties under either denomination ; and either of
the words " action" or " indictment" shall be
construed to include the other of them ; and
that where neither of those proceedings are speci-
fied both of them shall be construed to be included;
that the word " person shall be construed to in-
clude any number of individuals, or a body corpo-
rate, and such legal rights and incidents of any such
body corporate as may in the case be applicable;
and that words in the singular number shall be con-
strued to include the plural number, and that words
in the plural number shall be construed to include
the singular number; arid that words in the mascu-
line gender shall be construed to include the feint.
nine gender, and that words in the feminine gender
shall be construed to include the masculine gender.
Arid be it enacted, that this Act shall extend to
all cases of libel, and to cases of libel only.
And be it enacted, that any person who shall at
any time after the passing of this Act publish, or
procure to be published, any libel, or who shall have
contrived such published libel, may be prosecuted
by action in any of his Majesty's superior courts of
law at Westminster, or by indictment at the suit or
on the prosecution of the person libelled.
And be it further enacted, that no ex-officio or
other: information, at time suit of his Majesty's
Attorney-General, or of his Majesty's Coroner and
Attorney of the Court of Ki. g's Bench, whether
with or wit'iout the leave of the Court of King's
Bench, shall be filed on account of any libel after the
passing of this Act.
And be it further enacted, that any proceedings
instituted by or on behalf of his Majesty's Govern-
tnent for ally libel upon his Majesty or upon his
Msjesty's Ministers, or upon either or both of the
Houses of Legislature, shall be by indictment only.
And whereas doubts have been entertained as to
the liability to criminal prosecution of proprietors,
printers, and publishers of newspapers, books, and
other publications in certain cases. Be it further
enacted, that in any criminal prosecution for libel

PRICE 7D.)

against any proprietor, printer, or publisher of any
newspaper, book, or other publication containing
Any libel, it shall be competent to such proprietor,
printer, or publisher, to give in evidence on the
trial of the indictriient, that at the time of the pub-
lication of such libel, and previous thereto, he was
incapable of participating in or controlling, or was
not cognizant of the writing, printing, or publishing
thereof; and if it shall appear upon such evidence,
to the satisfaction of the jury, that such proprietor,
printer, or publisher was, at the time of publication
of such libel, and previous thereto, incapable of
participating in or controlling, or was not cognizant
of the writing, printing, or publishing of such libel,
the jury may return a verdict of " Not Guilty" as
against such proprietor, printer, or publisher.
Provided always, that such proprietor, printer, or
publisher, having been thereto required before the
institution of proceedings shall have disclosed the
name of the author or contriver of such libel, or the
editor, or other persons responsible for the conduct
of any such publication within - next aher such
requisition, and provided such proprietor, printer, or
publisher, shall, at the time of suck disclosure, fur-
nish the person libelled with a written avowal,
signed by the author or contriver of such libel,
or the editor or other person responsible for the
conduct of any such publication in the presence
of a credible witness, that he is the author
or contriver of the alleged libel, or editor or
other person responsible for the conduct of any
such publication : be it enacted, that every written
avowal, so signed by the author or contriver of any
such alleged libel, or by the editor or other person
responsible for the conduct of the publication con-
aining any such alleged libel, with proof by the at-
testing witness thereto of the signature thereof by
such author or contriver, or editor or other person
responsible, shall be sufficient evidence that the per-
son so signing such avowal is such author or con-
triver of such alleged libel, or the editor or other
person responsible for the conduct of the publication
containing any such alleged libel, as the case may
he : provided always, that nothing in this Act con-
tained shall deprive any person affected by any
such libel of the right to proceed against any such
proprietor, printer, or publisher by action for damages
on account thereof.

And be it enacted, that in any ease where the author
or contriver of any libel, or the editor or other person
responsible for the conduct of the publication con-
taining any such libel, shall have refused or neglected
to avow himself to be such author or contriver, or
such editor or other person responsible for the con-
duct of such publication, and in consequence the
proprietor, or printer, or publisher of any newspaper,
book, or other publication, shall have been found
guilty and adjudged to pay a fine on account of any
libel, then such proprietor, or printer, or publisher
shall be entitled to recover by action from such
author or contriver of the libel, or editor or, other
person having the responsible conduct of • such
newspaper, book, or other publication, the amount
of any such fine, and all such costs, damages, and
expenses which he may have sustained in conse-
quence of such prosecution, and also the costs of
such action.

And be it enacted, that no newsvender or book-
seller, not being the proprietor or printer, or the
original publisher of the newspaper, book, or publi-
cation containing any such libel, who may at any
time in the ordinary course of his trade or calling sell
any such newspaper, book, or other publication,
shall be liable to prosecution by action or indict-
ment on account of such sale, unless such news-
vender or bookseller shall be shown •to have been
cogn‘zult of, or to have had sufficient grounds to
believe at the time of such sale that the newspaper,
book, or other publication, contained libellous matter.
And, for the pi evention of vexatious litigation, be
it further enacted, that no action or indictment shall
be prosecuted against any person for the publication
of separate copies of the same libel, unless it can be
shown that the defendant, in the interval between
the sale of different copies of the same libel, had had
notice of the institution of proceedings on account
of a former sale by him of a ctipy thereof, arid in
every such case the sale of every copy after such no-
tice shall be construed to be a distinct substantive
offence.

And be it enacted, that the general issue of Not
Guilty may in all cases, whether the proceedings be
by action or by indictment, be pleaded with or with-
out a justification : provided always, that the de-
fendant shall not be at liberty in any acton or in-
dictment to give in evidence any matter of justifica•
tion, unless the same shall have been pleaded, or
notice of an intention to give such matter of justtfi-
cation had been previously served on the plaintiff or
prosecutor, his attorney, or agent, at the time of
pleading to any such action or indictment.
And, for the purpose of establishing equality of
advantage between the plaintiff or prosecutor and
the defendant in cases of libel, be it further enacted,
that, on the trial of any action or indictment, the
course of proceeding shall be as follows : —(that is to
say) first, the pleadings shall be read by the proper
officer of the court ; secondly, the counsel for the
plaintiff or prosecutor shall state the case on behalf
of the plaintiff or prosecutor ; thirdly, the evidence
on behalf of the plaintiff or prosecutor shall be given;
fourthly, the cino,sel for the defendant shall state the
case on behalf of the defendant; fifthly, the evidence
on behalf of the defendant shall be given ; sixthly,
the plaintiff's or piosectvor's counsel shall address
the jury on the whole case ; arid, seventhly, the
counsel for the defendant shall address the jury on
the whole case; and, filially, the judge shall sum up
the evidence, and expound the law on the matter in
issue : provided always, that in all cases in which
there are several defendants, having separate de-
fences, the counsel for each of the defendants shall
have the same privilege as the counsel for the de-
fendant where there is only one defendant.
And be it further enacted, that in every proceed-
ing for a libel, whether the same be by action or in-
dictment, it shall be lawful for the defendant to give
in evidence the truth of the matter or imputation
contained in or conveyed by the publie,tion charged
as a libel.

And be it further enacted, that in cases of libel
alleged to be contained in the reports of the pro-
ceedings of Parliament, or of any superior or infer•
rior courts of law or equity, or before justices of the
peace, police magistrates, commissioners of bankrupt
or other public commissioners or officers, or at any
public meeting, it shall he lawful for the defendant,
riot being the author or contriver of the matter al-
leged to be libellous, to give in evidence that such
report was substantially true and correct, or was a
fair account of the speeches or proceedings of which
it purported to he a report : provided always, that
such evidence of the truth of such matter or impu-
tation, ter of the correctness or fairness of such re-
port, shall not be a justification of such libel, or a
bar to any action or indictment, unless.upon the trial
thereof it shall be made to appear satisfactorily to
the jury that the matter charged as libellous was
publisnh
seudfli‘lictii
et 1:1 t good
occasion n i vperso
provided
djustifiable
a that no-
ends,
and
thing herein contained shall protect any person hay-
bag parliamentary or other privilege from any liability
on account of any unprivileged pub!ication of any
privileged speech or other privileged matter.
And provided also, and be it further enacted,
hat on the trial of any indictment on the prosecu-
tion of his Majesty's Government, where the state-
ment of facts in the alleged libel is untrue or inac-
curate, the defendant may give in evidence that
such statement of facts was bmta fide and honestly
made, and that every reasonable exertion to obtain
accuracy had been preiiously employed : provided

ceedings of the Houses of_Legislature, or either of
them, or to obstruct, or excite others to obstruct,
the performance of the duties of any one or more of
the functionaries of the Executive Government, the
jury may return a verdict against the defendant in
such prosecution.
And be it further enacted, that the jury may in
all cases give a general verdict on the whole matter
in issue; provided always, that on every such trial
the judge shall, according to his discretion, give his
opinion on the matter in issue; provided always,
that nothing herein contained shall extend to pre-
vent the jury from finding a special verdict in their
discretion.

Provided also, and be it enacted, that it shall 1)
lawful for the plaintiff or defendant in any ac ion or
indictment, to move for a new trial or in arrest of
judgment, on such grounds and in such manner as
by law a plaintiff or defendant might have dune in
such cases before the passing of this save and
except that nothing herein contained shall be con-
strued to deprive the jury of the right to determine
whether the words or other matter alleged to be li-
bellous have the meaning, tendency, and ( frec:
ascribed in the declaration or indictment, to such
words or other matter; and such meaning, tendency,
and effect of the alleged libel, as well as the motive,
end, and occasion of the publication thereof, shall
be matter of fact to be tried by the jury, and not
matter of law.

And whereas in all ewes in which the plaintiff
shall establish the case of wrong done to his repu-
tation, it is expedient that he should be placed as
near as may be in the moral and peculiar position in
which he was before the wrong was done; be it
therefore enacted, that when a verdict shall be given
against the defendant, he shall be bound by the fact
of such verdict to publish the same, by inserting a
notice thereof, or a copy of the certificate herein:al er
mentioned, as the plaintiff or prcsecutor may require,
in the newspaper or other publication, if published
periodically, in which the libel originally appeared,
and also in case such libel was published in the city
of London or county of Middlesex, once in each of
six of the daily or weekly newspapers published in
such city or county, such papers to be selected by
the plaintiff; and in case such libel was publt-hed in
any other county, then once in every newspaper
published in any such other county; and such notice
and certificate shall be published within one month
after final judgment, and such requisition made, or
in the next forthcoming number or edition of any
such publication in which the libel originally ap-
peared, where the same is published at longer inter-
vals than one month, or not periodica!ly.
And be it further enacted, that all proprietors and
publishers of newspapers and other publications in
which such libel shall have been copied, shall, on the
requisition of the plaintiff or prosecutor, and on the
production of the certificate hereinafter mentioned,
publish the fact of such verdict in the newspaper or
other publication in which the libel was copied, by
inserting a notice of the verdict, or a copy of the
certificate, as the plaintiff or prosecutor may re-
quire, within one month after filial judgment, and
such requisition made, or in the next forthcoming
number or edition of such publication in which the
libel was copied, where the same is published at
longer intervals than one month, or not periodically.
And he it farther enacted, that the plaintiff or
prosecutor may recover by action in any of his Ma-
jesty's superior courts of lave at Westminster from
e
veryvesrudeihet orpe certificatersonrerusin the penalty refusing or neglectingeaity of to publish
such
with full costs of suit.

And be it further enacted, that the transfer to
other proprietors of the newspaper or other publica-
tion in which the libel originally appeared or was
copied, shall not exempt the proprietor or publisher
for the time being of any such newspaper or other
publication from the obligation to publiih such ver-
dict or certificate, or from the liability to an ction for
the penalty hereinbefore named, for refusing or neg.
lecting the publication of any such verdict.

And be it further enacted, that the associwe or
other proper officer of the court in which any Sliel
action or indictment for libel shall have been tried,
stiall, at the request of the plaintiff or prosecutor in
such action or indictment, furnish him with a ceitifi-
cate signed by the said associate or other proper
officer, containing the names of the plaintiff or prose-
cutor, and defendant or defendants, in such action or
indictment, together with the marerial pars of the
pleadings, and the verdict by the jury in such action
or indictment, and that such officer shall receive for
such certificate - and no more.

And be it further enacted, that in all prosecutiolis
fur libel by indictment, the costs shall abide the
event of the trial, and be paid by the unsuccessful
patty to the other, except in cases of indictment for
libel on the part of the Crown.

And be it further enacted, that no action or in-
dictment for any libel shall be commenced after six
months from the time of the publication, unless the
plaintiff or prosecutor shall at the time of the pub-
lication be absent from England, and in such case he
shall be at liberty to commence proceedings on ac-
c unit thereof at any time within six months after
his return to England, and except in cases where:
special damage shall have accrued to the persun
1 belled; provided that in such last mentioned case
the proceedings be taken within six months next
a'ter the discovery of such special damage by the
party
And be it enacted, that this Act shall extend to

those parts only of the United Kingdom of Great;
Britain and Ireland called England, Wales, Ireland,
and Berwick-upon-Tweed.

THE CLERICENWELL FORTY THIEVES.--.

WILLIAM DENHAM, aged only 11 years, and one of a
ga'lg of " young thieves by profession," was found guilty
oa Tuesday, at the Middlesex Quarter S,ssions, Ciedi, A=
well, of stealing 10:b. of beef, the property of SAmuLt
BA RNLS. The prosecutor resides in Itay•street, Clerken,
well, and the prisoner last Thursday was seen to take the
heel off a hook in front of the shop and run away with it.
He was pursued, and overtaken with the meat in his pos.
session. The prisoner, with much effrontery, said he
fund the beef. The Court sentenced hint to be confined
0.,e month—half the term in a solitary cell, and to Ila
s,eerely whipped. WILLIAM COLLINS. aged 10 one o
the same gang, was convicted of stealing a piece of mutton
from the shop of a butcher in St. Jahn-street, and received
t same sentence. CHA IMES LUNN and JOSEPH LILL,

t.vo of the same gang, were vinvictedot a sinular offence.
'the Chairman s ,id that, with regard to LILL, be bad Ire-
yo,nt,y been in prison, and was once parooned on account
of bodily infirmity. It, however, appeared that he wool
Incarrigible, and the Court, therefore, sentenced him to
transpovation for seven years, and Lului to hard labour
f r six months.

GLOUCESTER ELECTION.—The intelligence
of the resignation of Captain BERKELEY was brought by-
express to the residence of Mr. Hors: in Dilebess•street, ort
Tuesday evening, at six o'clock. Cop ant BERKELEY re-
signed the contest in the early part of the day in conse-
quence of the majority in favour of Mr. HOPE, who
town yesterday morning for Gloucester, where he was to
be
Wh
inward
were
nherriec,eairl
returned
rineoe3ndpuitelul
h‘iiittLeal
zaiL:Ceoirottoeonen:cusiwacenscravvvei
(tasealess:drfysi uovnolteshnicirevanretantrhetdpeeoripet
cleHstoaathtnoreetrne,pß.,
srei
tniGr.sGshoiltnnolplitauetl
ieymfsa:Lftarethneexropr
Etwnao,
rtrneEtoietinnhed
vite him to become a candidate in opposition to the new
)
Lord Commissioner of the Admiralty, he informed them
ttia
r
highly he mizlit esteem the honour of representing the
city ; nor would he incur any expense. Mr. HorE 'came
general eltcCon in Derenaber, when Captain BERKELEY
and
we know not how truly, that Captain BERKELEY gave
offence to his constituents by accepting office, and also that
they objected to some of his votes. Tie irifl.tence of his
brother, Lord SEGRAVE, in the city is considerable; and
the present House of Commons is the second in which; he
sat for Gloucester. The circumstance of the gallant
‘,1,111 rasrlTaßmoeanrtd:
offi,•er losing his seat for Gloucester does rot disqualify
ohfimvhfricoln:tpherrete-oromfintghehiLsofrudnscatiro:sma:nt,l47,A,
S r JAMES GRAHAM, LiztoUcHIME, and S.r
JOHN PECHELT. Mr. Horn's tattier puret.WSed an estat:
in the neighbourhood of Gloice.:ter.