same conditions and responsibilities as are in that behalf herein before expressed, and the report of the new commissioners shall be treated as if no other report had been previously made, and shall be dealt with and proceeded upon accordingly. R. S. O. 1877, c. 55, s. 37. 15. If the report is moved against upon the ground of Effect of remisconduct or fraud on the part of the commissioners, the port being appealed from Court may, in its discretion, make them parties to the pro- for misconceeding and if wilful misconduct or fraud be established in the duct, etc. opinion of the Court, the report may be set aside and the commissioners be adjudged to pay to the parties injured all the costs which have been incurred and have been rendered useless by such misconduct or fraud, and all the costs of the proceeding to set aside the report; and the payment may be enforced by the like process and proceedings as are or may be in use to compel a Sheriff to pay costs of any summary proceeding against him. R. S. O. 1877, c. 55, s. 38. 16. The appeal or application may be dismissed with Costs of or without costs, and the Court may order the party at whose appeal. instance, or on whose complaint or representation, the commissioners may have been made parties to the proceeding to pay the commissioners their costs; and if the appeal or application is dismissed, or if the report is not appealed from or moved against within the proper time, the report shall thenceforth be final and conclusive on all parties to the action of dower, and Copy of report a copy of the report, certified by the Registrar under the seal when final to be registered. of the Court, shall be registered in the proper Registry Office for which service the Registrar of deeds shall be entitled to receive $1. R. S. O. 1877, c. 55, s. 39. tion sue out sion. 17. After such registration the plaintiff shall be entitled to Plaintiff may sue out a writ directed to the proper Sheriff, commanding him after registra to put her into possession of the lands and premises assigned writ of possesand admeasured to her for her dower, and to levy all such costs as by the judgment and any order of Court, or either of them, have been awarded to her against the defendant. R. S. O. 1877. c. 55, s. 40. curing attend ers. 18.—(1) In case it is desired by either party to produce Mode of proany witnesses before the commissioners, such party may, ance of witon application to the Court or to a Judge, on affidavit nesses before that the evidence of such witness is necessary, obtain an Commissionorder commanding the attendance of the witness before the commissioners, and if in addition to the service of the order, an appointment of time and place of attendance in obedience thereto, signed by one of the commissioners, be served on the person whose evidence is required, either with or after the service of the order, non-attendance shall be deemed a contempt of Court, and shall be punishable accordingly. Payment of witnesses. Commissioners' fees. By whom costs to be paid. (2) The person so required to attend shall be entitled to be paid the same fees, allowance and conduct money as if he had been subpoenaed as a witness in an ordinary action, but no witness shall be obliged to attend more than two consecutive days. R. S. O. 1877, c. 55, s. 42. 19. The commissioners shall be entitled to receive from the plaintiff the sum of $4 for each day's attendance, not, however, to exceed two, and may also charge at the rate of twenty cents for every hundred words for drawing up their report, and ten cents for every hundred words of each copy furnished by them to either party. R. S. O. 1877, c. 55, s. 43. 20. The plaintiff shall pay the costs of suing out, and the costs of the commissioners in executing the writ of assignment of dower, and making the report thereof, but each party shall pay his own costs of witnesses, or of counsel or solicitor attending before the commissioners. R. S. O. 1877, c. 55, s. 44. CHAPTER 57. An Act respecting Actions of Libel and Slander. INTERPRETATION, s. 1. WHETHER A PUBLICATION AMOUNTS TO A LIBEL, A QUESTION FOR THE AVERMENTS IN ACTIONS FOR LIBEL OR APOLOGY MAY BE SHEWN IN MITIGA- PLEA OF PUBLICATION WITHOUT PRIVILEGED REPORTS, ss. 7, 8. Interpreta tion. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows 1. In this Act the phrase "public newspaper or other periodical publication" shall be held to include any paper containing public news, intelligence, or occurrences, or any remarks or observations therein, printed for sale and published periodically, or in parts or numbers, at intervals not exceeding twenty-six days between the publication of any two such papers, parts or numbers; and also any paper printed in order to be dispersed and made public weekly or oftener, or at intervals not exceeding twenty-six days, and containing only, or principally, advertisements. 45 V. c. 9, s. 2. be directed to proof of the sense ascribed. 2. On the trial of an action for the making or publishing Jury not to a libel, on the defence of not guilty, the jury sworn to try return a verthe issue may give a general verdict of guilty or not guilty dict of guilty upon the whole matter put in issue in the action, and shall on the mere not be required or directed by the Court or Judge before whom publication the action is tried, to find the defendant guilty, merely on the and of the proof of publication by the defendant of the paper charged to be a libel, and of the sense ascribed to the same in the action; but the Court or Judge before whom the trial is had shall, according to the discretion of the Court or Judge, give the opinion and directions of the Court or Judge to the jury on the matter in issue, as in other 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. R. S. O. 1877, c. 56, s. 1. actions for 3. In actions of libel and slander, the plaintiff may aver that Averments in the words or matter complained of were used in a defamatory lander or sense, specifying the defamatory sense without any prefatory libel. averment to shew how the words or matter were used in that sense, and the averment shall be put in issue by the denial of the alleged libel or slander; and where the words or matter set forth, with or without the alleged meaning, shew a cause of action, the statement of claim shall be sufficient. R. S. O. 1877, c. 56, s. 2. apology. 4. In an action for defamation where the defendant has Defendant pleaded not guilty only, or has suffered judgment by default, or may prove in mitigation judgment has been given against him on demurrer, he may that he offered give in evidence, in mitigation of damages, that he made or a written offered a written or printed apology to the plaintiff for such defamation before the commencement of the action; or in case the action was commenced before there was an opportunity of making or offering such apology, that he did so as soon afterwards as he had an opportunity. R. S. O. 1877, c. 56, s. 3. the libel was gross negli 5.—(1) In an action for libel contained in a public news- Defendant paper or other periodical publication, the defendant may plead may plead that that the libel was inserted in the newspaper or other periodical inserted withpublication without actual malice and without gross negligence, out malice or and that before the commencement of the action, or at the gence, and earliest opportunity afterwards, he inserted in the newspaper that he pubor other periodical publication a full apology for the libel; offered to pubor if the newspaper or periodical publication in which the lish an libel appeared be one ordinarily published at intervals exceed apology. And may pay money into Court as amends. Fair reports of public privileged. ing one week, that he offered to publish the apology in any newspaper or periodical publication to be selected by the plaintiff in the action. R. S. O. 1877, c. 56, s. 4. (2) No such action shall lie unless and until the plaintiff has given to the defendant notice in writing, specifying the statements complained of, such notice to be served in the same manner as a plaintiff's statement of claim is served or by delivering the notice to some grown-up person at the place of business of the defendant. The plaintiff shall recover actual damages only, if it appears on the trial of the action, that the article was published in good faith, and that there was reasonable ground to believe that the same was for the public benefit, and if it did not involve a criminal charge, and if it appears that the publication took place in mistake or misapprehension of the facts, and that a full and fair retractation of any statement therein alleged to be erroneous was published either in the next regular issue of the newspaper, or other periodical publication aforesaid, or in any regular issue thereof published within three days after the receipt of such notice, and was so published in as conspicuous a place and type as was the article complained of, (a) Provided, however, that the provisions of this Act shall not apply to the case of any libel against any candidate for a public office in this Province, unless the retractation of the charge is made editorially in a conspicuous manner, at least five days before the election. 50 V. c. 9, s. 1. 6. A defendant, upon filing such defence, may pay into Court a sum of money by way of amends for the injury sustained by the publication of the libel, and such payment shall be of the same effect, and available to the same extent and in the same manner, and be subject to the same rules and regulations as to costs, and the form of pleading (except so far as regards the additional facts herein before required to be pleaded by the defendant), as payment of money into Court in other cases; and to such defence the plaintiff may reply generally, denying the whole thereof. R. S. O. 1877, c. 56, s. 5. 7.-(1) A report published in a public newspaper or other meetings to be periodical publication of the proceedings of a public meeting shall be privileged, if the meeting was lawfully convened for a lawful purpose and open to the public, and if the 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 can shew that the defendant has refused to insert in a newspaper in which the report containing the matter complained of appeared, a reasonable letter or state Proviso. ment of explanation or contradiction by or on behalf of the plaintiff. 45 V. c. 9, s. 3. ing". (2) The words " a public meeting" in this section shall extend Meaning of to any lawful meeting to which the public are invited, and of public meetwhich announcement has been made by printed or written notice thereof being posted up in at least six conspicuous places in the municipality where the meeting is held, or by advertisement in a public newspaper published in such municipality, or if there be none published therein then in the one published nearest to the place of meeting. 50 V. c. 9, s. 2. 8. All reports of proceedings in any Court of Justice, pub- Report of blished in a public newspaper or other periodical publication, Pr Courts proceedings shall be privileged, provided that they are fair and authentic privileged. and without comments, unless the defendant has refused or neglected to insert in the newspaper in which the report complained of appeared a reasonable letter or statement of explanation or contradiction, by or on behalf of the plaintiff. 50 V. c. 9, s. 3. costs. 9.-(1) In an action brought for libel contained in a public Security for newspaper or periodical publication, the defendant may, at any time after the filing of the statement of claim, apply to the Court or a Judge for security for costs, upon notice and an affidavit by the defendant or his agent, shewing the nature of the action and of the defence, and shewing that the plaintiff is not possessed of property sufficient to answer the costs of the action in case a verdict or judgment be given in favour of the defendant, and that the defendant has a good defence upon the merits, and that the statements complained of were published in good faith, or that the grounds of action are trivial or frivolous; and the Court or Judge may make an order that the plaintiff shall give security for the costs to be incurred in such action, and the security so ordered shall be given in accordance with the practice in cases where a plaintiff resides out of the Province, and the order shall be a stay of proceedings until the proper security is given as aforesaid. (a) But where the alleged libel involves a criminal charge (2) For the purposes of this section the plaintiff or the |