of study prescribed by section 16 of the "Provincial Land Surveyor's Act, 1891," in practical surveying operations, and in the use of instruments, and generally in the art, practice and profession of a Provincial Land Surveyor, which he, the said A. B., now doth, and shall, at all times during the said term, use and practice, and also will provide the said E. F. with all the necessary and reasonable expenses incurred in transacting or performing the business of the said A. B., and also will, at the expiration of the said term, use his best means and endeavours, at the request, cost and charges of the said C. D. and E. F., or either of them, to cause and procure him, the said E. F., to be examined before the Board of Examiners of candidates for commissions as Provincial Land Surveyors : Provided the said E. F. shall have well, faithfully and diligently served his said intended pupilage :

And for the true performance of all and every the covenants and agreements aforesaid, according to the true intent and meaning thereof, each of them, the said A. B. and C. D., doth bind himself, his heirs, executors and administrators, unto the other, his heirs, executors, administrators and assigns, in the penal sum of five hundred dollars, firmly by these presents:

IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals, the day and year first above written.

Signed, sealed and delivered

A. B. (Seal.)

C. D. (Seal.)

E. F. (Seal.)

in the presence of

G. H.,

J. K.

FORM C.

of

Commission as Provincial Land Surveyor.

This is to certify to all to whom it may concern that

hath duly passed his examination before the Board of Examiners, and hath been duly qualified to fill the office and perform the duties of a Provincial Land Surveyor in and for British Columbia, he having complied with all the requirements of the law in that behalf; wherefore he, the said is hereby duly admitted to the said office, and commissioned for the discharge of the duties thereof, and is by law authorized to practise as a Surveyor of Provincial land in British Columbia.

In witness whereof we, the President and Secretary of said Board, have signed this commission at

on this

day

President.

Secretary.

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.

[20th April, 1891.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. Section 31 of the Legal Professions Act" is hereby amended Amends sec. 31. by adding thereto the following sub-sections:

:

for

"(12.) To make an appropriation from time to time out of moneys Appropriation Law Library at New belonging to the Society to provide for a Law Library in the Westminster. City of New Westminster :

"(13.) To impose penalties by by-laws, under the seal of the Society, Imposition of penalupon barristers, solicitors, law students, or articled clerks, for ties in certain cases. removing any book from the library room, either at Victoria or New Westminster, or the building wherein the same may be situate:

"(14.) To impose penalties by by-laws, under seal, upon any person,

Ditto.

not being a Judge of the Supreme or County Courts, or a barrister, solicitor, law student, articled clerk, or person permitted by resolution of the Benchers, from entering any library room, or meddling with or removing any book from the same: "(15.) No penalty under this Act shall exceed one hundred dollars Limit of penalty. "(16.) All such penalties shall be recoverable before any Justice of Recovery of penalthe Peace, pursuant to the provisions of the 'Summary Convictions Act, 1889,' and shall be paid to the Treasurer of the Society for the use of the Society:

:

ties.

"(17.) A copy of any such by-laws, or of any rule made by the Copies of by-laws. Benchers, purporting to be certified as a true copy of the

Short title.

original by the Secretary of the Society and a Bencher, under the seal of the Society, shall be received in all Courts and before any Judge or Justice of the Peace as primâ facie evidence of the original by-law, or rule, without the production of the original, or proof of the signature of the Secretary, Benchers, or of the seal."

2. This Act may be cited as the "Legal Professions Amendment Act, 1891."

VICTORIA, B. C.:

Printed by RICHard Wolfenden, Printer to the Queen's Most Excellent Majesty

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. In this Act the phrase "public newspaper or other periodical "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 thirty-one 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 thirty-one days, and containing only, or principally, advertisements.

rected to return a

2. On the trial of any action for the making or publishing any Jury not to be dilibel, on the plea of not guilty pleaded, the jury sworn to try the issue verdict of guilty on may give a general verdict of guilty or not guilty upon the whole the mere proof of the publication and of matter put in issue in such action, and shall not be required or directed the sense ascribed. by the Court or Judge before whom such action is tried, to find the defendant guilty, merely on the proof of publication by such defendant of the paper charged to be a libel, and of the sense ascribed to the same in such action; but the Court or Judge before whom such trial is had shall, according to the discretion of such Court or Judge, give the opinion and directions of such 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.

Averments in actions of libel or slander.

3. In actions of libel and slander, the plaintiff may aver that the words or matter complained of were used in a defamatory sense, specifying such defamatory sense without any prefatory averment to show how such words or matter were used in that sense, and such 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.

Defendant may prove 4. In any action for defamation where the defendant has pleaded in mitigation that he offered a written not guilty only, or has suffered judgment by default, or judgment has apology. been given against him on demurrer, or by admission, he may give in evidence, in mitigation of damages, that he made or 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.

One clear day must elapse between the

issue of writ.

5. In an action for libel contained in a public newspaper or other cause of action and periodical publication, one clear day must be allowed to elapse between the cause of action complained of and the issue of the writ thereupon. Defendant may plead In any such action the defendant may plead that the libel was inserted ed without malice or in the newspaper or other periodical publication without actual malice gross negligence, and and without gross negligence, and that before the commencement of the publish an apology. action, or at the earliest opportunity afterwards, he inserted in the

that libel was insert

that he offered to

newspaper or other periodical publication a full apology for the libel; or if the newspaper or periodical publication in which the libel appeared be one ordinarily published at intervals exceeding one week, that he offered to publish the apology in any newspaper or periodical publication to be selected by the plaintiff in the action :

(1.) In any such action 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 service of the writ, and was so published in as conspicuous place and type as was the article complained of:

(a.) Provided, however, that the provisions of this section and subsection shall not apply to the case of any libel against any candidate, whether at a Parliamentary or a Municipal election, unless the retraction of the charge is made editorially in a conspicuous manner at least five days before the election.