PAGE The National Life Assurance The Quashing of the Conviction of Messrs Garvey and Aikman Think Over the future of Your family Judges bail tion with a rality of certain the may dismiss such with might ney of him tituted.
in the year.
This Being of very much interest to our and therefore express no opinion on sible for a libel published therein except readers, vve reproduce from The Glea those matters.
as provided, and not then, unless the ner the arguments adduced to quash Seditious libel is an offence at common party charged consents to being so the conviction of these gentlemen. as law and by section 207 (e) of law 39 dealt with.
has already been reported in our issue of 1927 jurisdiction is conferred on the was contended that this Law deals TEN CENTS DAY of last vveek.
Resident Magistrate to try all common with defamatory libel of a private In accordance with their decision law offences. This jurisdiction is how individual. It will be noticed that the arrived at the previous afternoon, the ever modified by The Newspaper Libel Law and also the act of 1851 which will bring a thousand colones to your Family of the Appellate Division of the contemplates that law supplements or amends deal Supreme Court gave judgment yesterday criminal proceedings against any at your death.
prowith both civil and criminal proceedmorning freeing Mr. Marcus Garvey prietor, publisher, editor or any person ings and by secs. and the Law and Mr. Aikman who had been throw responsible for the publication of a news How many dimes do excludes from its protection any sediyou a way convicted on a charge of seditious libel paper, for any libel published therein tious, blasphemous or indecent matter. each day thoughtlessly? Only one of and sentenced to six months and three shall be tried by a Judge and Jury. Whether such matter is seditions, blasphemonths imprisonment respectively by Thus section shows that the Resident mousor indecent would be a question these dimes invested in a life insurance His Honour Mr. Agar, Resident Magistrate upon the hearing of such a for the decision of the Jury. There Magistrate for Kingston. They were on charge is holding a preliminary investiga is nothing which restricts the gene policy will ve your family the anguish committal for trial its provisions and, unless His Honour the Chief Justice upon by a Jury. It authorizes him to hear we are compelled to do so by of a penniless bereavement. life pothe opening of the Court at 10. 30;o clock, evidence which therefore was not admis plain words, the Law should not be said: Mr. Justice Brown has been good sable at inary investigation for so construed as to deprive the persons licy will supply ready money to cover enough to prepare the Judgment of the criminal libel and goes on to enact that the Resident Magistrateenise. Chap hier te Court in this appeal, which judgment he the expenses which the death of the right to trial by a Jury. We are unable will now deliver.
Law as referring only father or husband may bring.
is a strong or probable presumption that to defamatory libel and THE COURT JUDGMENT the Jury on the trial would acquit the further and say that if there be any Life policies without medical examination, for person charged, the case. doubt about it the doubt should be one and two thousand colones.
Mr. Justice Brown delivering the Jud Again sec. provides that if the resolved in favour of permitting the Fill in the attached coupon, send it to us, and Resident Magistrate upon hearing of right of trial by Jury to prevail. The gments said: Rex. vs. Marcus Garvey and charge, without any obligation on your part we will send is of opinion that objection was, in our opinion a valid one, and should have been allowed.
Aikman. The appellants were charged though the person charged is shown you an application form and rate of premium: on indictment in the Resident Magistrate to have been guilty, the libel was of a We also think that the objection to Court for the parish of Kingston trivial character, and that the offence the fiat of the Attorney General was Our policies carry the full guaranwriting and publishing a seditious libel.
good, and is fatal to the conviction.
The alleged seditious libel was published tee and responsibility of the State Section provides that No criminal BE ADEQUATELY PUNISHED of which one appellant in a newspaper proceedings shall be commenced against is described as Managing Editor and by virtue of the powers of this Sec any propietor, publisher, editor, or any the other the Literary Editor. tion, the Resident Magistrate shall cause person responsible for the publication (DETACH THIS COUPON)
At the Trial it was contended (1) that the charge to be read to the person the Resident Magistrate had no juris charged, and then address a question there in, without the fiat of the Attor Banco Nacional de Seguros diction to hear and determine charge to him to the following effect: Do General being first had and ob Dpto. de Vida.
seditious libel against the editor of you desire to be tried by a Jury or do tained. It was contended that this fiat San José de Costa Rica a newspaper and (2) that the fiat of the you consent to the case being dealt was only necesary in the case of a proAttorney General was not in accordance with summarily? and if such person sec My name in full is.
with the requirements of the News consents to the case being deal with in any event in this case such a fiat paper Libel Law 1896 as it did not summarily, the Resident Magistrate may My address is.
was obtained and is in evidence.
name the persons against whom the summarily convict him and adjudge It will be observed that the Section My occupation is criminal proceedings were to be insto Sex.
pay a fine not exceeding fifty implicitly requires the fiat to be obtainpounds, and in default to be imprisio ed prior to the institution of a proceThe Resident Magistrate overruled ned as a first class misdemeanant for cution for was born at both these contentions and convicted any period not exceeding three months. newspaper. libel may be either blas on the. day of the appellants and from that conviction phemous, or seditious, or obscene or would like an Insurance for they have now appealed. The argument defamatory of a person or body of perSECTION CLEARLY INDICATES on this appeal has been confined to sons. There is no justification for cutthese two submissions, we have heard that the Resident Magistrate must hold ting down the general Words any libel nothing as to whether the words pub a preliminary investigation with a view so as to exclude therefrom blasphemous, lished amount to a seditious libel or to committal for trial and that he has seditious or obscene libels: Such authowhether one of the appellants is pro no jurisdiction to try the propietor, rity as there is, is against such a constected by section of 14 Victoria 34 publisher, editor or any person respontruction.
In Bradlaugh 15 Cox 223 for blasphemous libel the fiat of the Director of Public Prosecutions was obtained before criminal proceedings According to the first declaration of goods of the deceased, which is calcuwere commenced and in Archbold the will of this great benefactor of lated in a gross total of 772. 284. 17 Criminal Pleadings and practice the Costa Rica along with the many be less liabilities of 366. 504. 44. This necessity for it seems to be clearly quests that he made the value of his inventory has revealed with great surindicated.
Estate was said to be twenty three mil prise to some, a considerable diminishlion dollars, of which he donated to cha.
The next question is whether the fiat ing of the value of this Estate. At one ritable institutions of Costa Rica the time it was believed that Mr. Keith had which was given in this case is such a sum of three millions of dollars.
FIAT AS THE LAW REQUIRES.
Now that the will has been contested left at his death a value of not less This fiat mentions no one by name by his nephew Mr, Henry Keith, who than 23. 000. 000, it was not however but allows the prosecution of the prountil a thorough investigation into the felt that he did prietor, publisher or editor of The his Uncle fortune, the valuation of his placed by his nephew Mr. Henry not inherit sufficient of matter brought about by the objections As the management of our Bracch of Trade is any person responsible Estate is only said to be now.
able to please the most fastidious smoker, especially now for the publication therein of a sedi 366. 504. What then has happened Keith, at the Legacy left him that the true value tious libel on the 14th day of January of the deceased Estate has owing to the fact that we have just enlarged our workto so deteriorate the worth of 1930. We must follow the decision in been brought to light.
rooms on the experience of our many years of applica Allison 16 Cox 559 in which it tors must have had an Inventory of all intelligence, along with his Lawyers Surely Mr. Keith Lawyers and Execu is strange that a man of no mean tion to this line, we can offer tobacco in leaf and cut form in many varieties, qualities and prices.
and Executors and Accountants could the English Statute to which section his properties with an equitable valuaof our Law corresponds) ought to have nesday however, we find the Special times more property than he had. Some of Wed.
sit together and bequeath away six mentioned the name of Service Cable from Riverhead. Long wrong to any man of Especialities in cut Tobacco granulated and against whom the prosecution was intended to have been allowed and that will in the Estate of Mr. Minor Island 26th. inst. The Executors of the ordinary thought. Under these condi.
tions then, what becomes of Costa Rica suitable for Cigarettes to the taste of erery smoker: it is the duty of the Public Prosecutor Keith, presented to the Courts of the gift of 000. 000, this is a very techCuban or American style rope tobacco also for to ascertain the persons against whom County of Suffolk an Inventory of the nical case.
is intended to procced before granPipes.
ting his fiat. In accordance with this decision vve must hold that this fiat is not such as is required by the Law and that the objection taken to it at the Exclusive Agency for trial was valid and should have been upheld.
PALMARIAN YELLOW CIGARETTES The appeal must accordingly be allowed and these convictions quashed. Cartago as a Health Resort is THE SWITZERLAND of the Americas, Depot for Cigars of all sizes, forms and prices.
At the trial of the case Mr.
Visitors from the Canal Zone sing the Praises of the attention Campbell, barrister at law who care taken of them by the Administration of for Mr. Aikman, took the objection The Most Wellknown Brands of Cigarettes Kept in Stock that the Court had no jurisdiction, and THE HOTEL FRANCES OF CARTAGO Plants of the best kinds of Tobacco from Palmares he tendered a written statement on the Law submitting the points which the and Turrialba Appeal Court has now upheld.
Nice, comfortable airy Rooms, beautiful Scenery of the surrounding Later in the trial, Mr.
country Foster Sutton who appeared for Mr.
Convenient Trains to visit the country East or West. To spend a Garvey raised the point as to the deOur products gained the Silver Medal in the last fective fiat of the Attorney General Vacation at THE HOTEL FRANCES CARTAGO is always to return.
National Exhibition, and were honorably mentioned and Both these point were considered to awarded Gold Medal in the Exhibitions of Limon and Charges and accomodations to suit all Purses.
be not fatal by the Resident Magistrate Heredia respectively.
upon the hearing of the case.
APEX ΟΣΣΟ ΟΣΧΕΟΣΣΟΣ The will of Mr. Minor Keith Do Not Throw away Money on Smokes that do not satisfy thing seems Hotel Frances Pass by THE PALMARENO TOBACCO PLANT Northeast corner of the San Jose market, or by the Annexes ΤΣΣΣΣΣΙΑ REMEMBER YOUR OLD FRIEND MALICK With a complete stock of wearing apparel and adornments for the Home.
At his Store La Samaritana adjoining La Botica Oriental at the Eastern side of the Market, He has served you well in the past and is waiting to do so again.
Ap. NO. 824 SAN JOSE, COSTA RICA Telephone No. 3345 Administered by VICTOR MANUEL HIDALGO OUR PRODUCTS SOLD BY ALL SHOPS IZDGXDXD303 لادا لا S12