2. 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: Be it enacted that 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 of the Action, or as soon afterwards as
he had an Opportunity of doing so, in case the Action shall have been commenced
before there was an Opportunity of making or offering such Apology. | Offer of an apology admissible in evidence in
mitigation of damages. |
3. In an Action for Libel contained in any public
Newspaper or other periodical Publication 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 Commencement of the Action, or at the earliest Opportunity
afterwards, he inserted in such Newspaper or other periodical Publication a
full Apology for the said Libel, or, if the Newspaper or periodical Publication
in which the said Libel appeared should be ordinarily published at Intervals
exceeding One Week, had offered to publish the said Apology in any Newspaper or
periodical Publication to be selected by the Plaintiff in such Action; and that
every such Defendant shall upon filing such Plea be at liberty to pay into
Court a Sum of Money by way of Amends for the Injury sustained by the
Publication of such Libel, and such Payment into Court shall be of the 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 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 of such Plea: | In an action against a newspaper for libel, the
defendant may plead that it was inserted without malice and neglect, and may
pay money into Court as amends. |
[Provided
always that it shall not be competent to any defendant in any action referred
to and mentioned in this section, to file a Plea under the authority of this
section without at the same time making a payment of money into Court by way of
amends as provided by this Act, but every such plea so filed without payment of
money into Court shall be deemed a nullity, and may be treated as such by the
Plaintiff in the Action.] |