243
abate and discontinue, and no execution or other proceedings shall be al-
lowed to issue or be taken in respect thereof; provided always that the
plaintiff in any such action, suit, prosecution, or other proceedings so
abating or being discontinued by virtue hereof as aforesaid, shall be
entitled to his taxed costs up to the day of such abatement or discontinuance.

8. It shall be lawful for any person who now is or hereafter shall be a de-
   fendant in any Civil or Criminal proceeding commenced or prosecuted in any
   manner soever, for, or on account, or in respect of the publication of any report,
   paper, votes, or proceedings, by such person or by his servant, or by or under the
   authority of any such Legislative body, to bring before the Court in which such
   proceeding shall have been or shall be so commenced or prosecuted, or before any
   judge of the same, first giving twenty-four hours notice of his intention so to do, to
   the prosecutor or plaintiff in such proceeding, or to his Solicitor, a certificate under
   the hand of the Speaker of such Legislative body, stating that the report, paper,
   votes, or proceedings, as the case may be, in respect whereof such Civil or Crimi-
   nal proceedings shall have been commenced or prosecuted, was published by
   such person or by his servant, by order or under the authority of such Legisla-
   tive body, together with an affidavit verifying such certificate, and such court or
   Judge shall thereupon, immediately stay such Civil or Criminal proceeding, and
   the same and every writ or process issued therein, shall be and shall be deemed
   and taken to be finally put an end to, determined, and superseded by virtue of
   this Act.

9. In case of any Civil or Criminal proceeding heretofore or to be here-
   after commenced or prosecuted for or on account or in respect of the publication
   of any copy of such report, paper, votes or proceedings, it shall be lawful for
   any defendant at any stage of the proceedings to lay before the Court or Judge
   such report, paper, votes or proceedings, and such copy with an affidavit verify-
   ing such report, paper, votes or proceedings, and the correctness of such copy, and
   the Court or Judge shall immediately stay such Civil or Criminal proceeding,
   and the same and every writ or process issued therein, shall be, and shall be
   deemed and taken to be finally put an end to, determined, and superseded by
   virtue of this Act.

10. It shall be lawful in any Civil or Criminal proceeding heretofore or to
    be hereafter commenced or prosecuted for printing any extract from or abstract
    of any such report, paper, votes or proceedings, to give in evidence under the
    general issue such report, paper, votes or proceedings, and to show that such
    extract or abstract was published bona fide and without malice, and if such shall
    be the opinion of the jury, a verdict of not guilty shall be entered for such
    defendant.

11. All members of the Executive Council of the Colony, and all Super-
    intendents of Provinces, shall be exempt from serving on any jury whatever and
    all members of the General Assembly shall be exempt from serving on any jury
    and from attending any court of justice as a witness during any session of the
    General Assembly, and during such time as shall be reasonably required for
    going to or returning from the place of meeting of such Assembly, to attend any
    session thereof.

12. Nothing in this Act contained shall be deemed, taken, held, or construed
    directly or indirectly, by implication or otherwise, to restrict in any manner
    whatsoever the Privileges or immunities of any such Legislative Body,
    or of any person or persons not expressly named in this Act.

13. The word "Governor" shall mean the person for the time being
    lawfully Administering the Government of the Colony, the word officer
    of the Government when referable to any Province shall be deemed to in-
    clude the Superintendent of such Province, the words "Legislative Body"
    shall be taken to include the Legislative Council, the House of Represen-
    tatives, and the several Provincial Councils, now or hereafter existing within
    the colony, and words importing the masculine gender only, shall include
    females.

14. This Act may be cited fr all purposes as the "Privileges Act, Short title.
    1856."

Proceedings Criminal
or Civil against per-
sons for publication of
reports &c. by order of
any Legislative body,
to be stayed upon pro-
duction of a certificate,
verified by affidavit, to
the effect that such
publication is by order
of such Legislative
body.

Any such pro-
ceeding to be stay-
ed when commenced
or prosecuted in respect
of a copy of any report
verified by affidavit.

In proceedings for
printing any extract or
abstract of any report,
&c., if shewn that such
extract or abstract was
bona fide made, de-
fendant entitled to
verdict of not guily.

Exemption from
serving on juries and
attendance as a wit-
ness or juror during
session.

Act not to affect pri-
vileges of any Legis-
lative Body or other
persons.

Interpretation of
words "Governor,"
"Legislative Body,"
&c.