GENERAL.

Attendance of witness

or arbitrator

14. The court or a judge may order that a writ of subpoena before referee ad testificandum or of a subpoena duces tecum shall issue to compel the attendance before an official or special referee or before any arbitrator or umpire of a witness wherever he may be within Saskatchewan.

Special case for opinion of court

Costs

arbitration to be deemed submission

(2) The court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee or before any arbitrator or umpire. C. O. 1898, c. 35, s. 14.

15. Any referee, arbitrator or umpire may at any stage of the proceedings under a reference and shall if so directed by the court or a judge state in the form of a special case for the opinion of the court any question of law arising in the course of the reference. C. O. 1898, c. 35, s. 15.

16. Any order made under this Act may be made on such terms as to costs or otherwise as the authority making the order thinks just. C. O. 1898, c. 35, s. 16.

Directions for 17. Whenever it is directed by any Act that any party or parties shall proceed to the appointment of arbitrators or appoint arbitrators as provided by this Act or that any party or parties shall proceed to arbitration under this Act or any similar direction shall be made with respect to arbitration. under this Act such direction shall be deemed a submission. C. O. 1898, c. 35, s. 17.

Single arbitrator

Tmpire

Time and manner of award

Arbitrators

not agreeing,

SCHEDULE.

(a) If no other mode of reference is provided the reference shall be to a single arbitrator.

(b) If the reference is to two arbitrators the two arbitrators may appoint an umpire at any time within the period. during which they have power to make an award.

(c) The arbitrators shall make their award in writing within six weeks after entering on the reference or after having been called on to act by notice in writing from any party to the submission or on or before any later day to which the arbitrators by any writing signed by them may from time to time enlarge the time for making the award.

(d) If the arbitrators have allowed their time or extended umpire to act time to expire without making an award or have delivered to any party to the submission or to the umpire a notice in writing stating that they cannot agree the umpire may forthwith enter on the reference in lieu of the arbitrators.

umpire's

(e) The umpire shall make his award within one month Time for after the original or extended time appointed for making the award award of the arbitrators has expired or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

of parties

(f) The parties to the reference and all persons claiming Examination through them respectively shall subject to any legal objection submit to be examined by the arbitrators or umpire on oath. or affirmation in relation to the matters in dispute and shall subject as aforesaid produce before the arbitrators or umpire Production all books, deeds, papers, accounts, writings and documents of papers within their possession or power respectively which may be required or called for and do all other things which during the proceedings on the reference the arbitrators or umpire may require.

(g) The witnesses on the reference shall if the arbitrators Oath or or umpire think fit be examined on oath or affirmation.

affirmation

(h) The award to be made by the umpire or arbitrators Finality of shall be final and binding on the parties and the persons claim-award ing under them respectively.

(i) The costs of the reference and award shall be in the costs of discretion of the arbitrators or umpire who may direct to and reference by whom and in what manner the costs or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or any part thereof. C. O. 1898, c. 35.

Short title

Interpretation

"Newspaper"

CHAPTER 71

An Act respecting Actions for Libel and Slander.

SHORT TITLE.

1. This Act may be cited as "The Libel and Slander Act." 1909, c. 16, s. 1.

INTERPRETATION.

2. In this Act unless the context otherwise requires the expression:

1. "Newspaper" shall mean a paper containing public news, intelligence or occurrences or remarks or observations thereon, printed for sale and published periodically or in parts or numbers at regular intervals not exceeding thirty-one days between the publication of any two of such papers, parts or numbers and shall include a paper printed in order to be made public weekly or oftener or at regular intervals not exceeding thirty-one days and containing only or principally advertise

ments:

"Proprietor" 2. "Proprietor" means and includes as well the person or corporation being the sole proprietor of any newspaper as also in the case of a divided proprietorship the persons who as partners or otherwise represent and are responsible for any share or interest in the newspaper as between themselves. 1909, c. 16, s. 2.

Averments

in actions for libel

or slander

Defendant

mitigation that he

in

LIBEL AND SLANDER.

3. In an action for libel or slander the plaintiff may aver that the words or matter complained of were used in a defamatory sense specifying the defamatory sense without any prefatory averment to show 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 show a cause of action the statement of claim shall be sufficient. 1909, c. 16, s. 3.

4. In an action for libel or slander where the defendant may prove has pleaded a denial of the alleged libel or slander only or has suffered judgment by default or judgment has been given against him on motion for judgment on the pleadings he may give in evidence in mitigation of damages that he made or

offered a

written or

printed

apology

offered a written or printed apology to the plaintiff for such libel or slander before the commencement of the action; or if 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. 1909, c. 16, s. 4.

LIBEL.

be directed

verdict of

the mere

publication

5. On the trial of an action for libel the jury may give a Jury not general verdict upon the whole matter in issue in the action to return a and shall not be required or directed to find for the plaintiff guilty on merely on proof of publication by the defendant of the alleged proof of the libel and of the sense ascribed to it in the action; but the court and of the shall according to its discretion give its opinion and directions sense 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 proceedings after verdict whether general or special shall be the same as in other cases. 1909, c. 16, s. 5.

ascribed

tion of

actions for

6. The court or a judge upon an application by two or Consolidamore defendants in any two or more actions for the same or different substantially the same libel or for a libel or libels contained same libel in articles the same or substantially the same published in different newspapers brought by one and the same person may make an order for the consolidation of such actions so that they shall be tried together and after such order has been made and before the trial of such actions the defendants in any new actions instituted in respect to any such libel or libels shall also be entitled to be joined in a common action upon a joint application being made by such new defendants and the defendants in the actions already consolidated.

ages assessed

apportioned

(2) In a consolidated action under this section the jury How damshall assess the whole amount of the damages, if any, in one and costs sum, but a separate verdict shall be taken for or against each in such cases defendant in the same way as if the actions consolidated had been tried separately and if the jury find a verdict against the defendant or defendants in more than one of the actions so consolidated they shall apportion the amount of the damages between and against such last mentioned defendants and the judge at the trial in the event of the plaintiff being awarded the costs of the action shall thereupon make such order as he shall deem just for the apportionment of the costs between and against such defendants.

(3) For the purposes of this section "article" shall include "Article" anything appearing in a newspaper as an editorial or as correspondence or otherwise than as an advertisement. 1909, c. 16, s. 6.

NEWSPAPER LIBEL.

Defendant may plead

was inserted

without

malice or gross

negligence

7. In an action for libel contained in a newspaper the that the libel defendant may plead in mitigation of damages that the libel was inserted therein 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 published or newspaper a full apology for the libel; or if the newspaper in which the libel appeared is one ordinarily published at intervals exceeding one week that he offered to publish the apology in any newspaper to be selected by the plaintiff. 1909, c. 16,

and that he

offered to publish an apology

Only actual damage

s. 7.

8. In any action for libel contained in a newspaper the recoverable plaintiff shall recover only actual damages if it appears at the

in certain

cases

Section not

to apply in

trial:

(a) That the alleged libel was published in good faith; (b) That there was reasonable ground to believe that the publication thereof was for the public benefit;

(c) That it did not involve a criminal charge;

(d) That the publication took place in mistake or a misapprehension of the facts; and

(e) That a full and fair retractation of any statement therein alleged to be erroneous was published in the said newspaper before the commencement of the action and was so published in as conspicuous a place and type as was the alleged libel.

(2) The provisions of this section shall not apply to the certain cases case of libel against any candidate for public office in Saskatchewan unless the retractation of the charge is made editorially in a conspicuous manner at least fifteen days before the election. 1909, c. 16, s. 8.

Defendant

may pay money into court as amends

Reports of

of public meetings,

9. A defendant may pay into court with his defence a sum of money by way of amends for the injury sustained by the publication of any libel to which the two next preceding sections apply and except so far as regards the additional facts hereinbefore required to be pleaded by a defendant such payment shall have the same effect as payment into court in other cases. 1909, c. 16, s. 9.

10. A fair and accurate report published in a newspaper proceedings, of any proceedings in the Senate or House of Commons of Canada, in any Legislative Assembly of any of the provinces. of Canada or in any committee of any such bodies or of a public meeting or (except where neither the public nor any

etc.