Page:The autobiography of a Pennsylvanian.djvu/564

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APPENDIX

Assembly met, and it is hereby enacted by the authority of the same, That the habitual publication and dissemination by newspapers, journals, periodicals, pamphlets or circulars of falsehood, defamation and scandal, detrimental to the administration of public affairs, whether state, county or municipal, or injurious to the reputation and character of public officials, or of private persons, be declared to be a public nuisance.

Section II. Any six persons, citizens of this commonwealth, may present a petition to the attorney general of the commonwealth, setting forth the designation and description of the publication constituting such a public nuisance, the fact that it habitually publishes and disseminates falsehood, defamation and scandal, giving the particulars and details in at least three instances of false, defamatory or scandalous statements or representations so published, and further setting forth the special injury, if there be such injury. Thereupon, if in the judgment of the attorney general there shall appear to be a prima facie case established, requiring his intervention, it shall be his duty to file a bill in equity in the name of the commonwealth in the court of common pleas of the county in which such publication has been made, setting forth the facts and praying for the abatement of the nuisance.

Section III. Upon the trial of the cause, if the evidence shall show the habitual publication and dissemination of false, defamatory or scandalous statements or representations, whether in the form of news, comment or illustration, it shall be the duty of the court to make a decree directing the suppression of the publication of the newspaper or newspapers, journal or journals, periodical or periodicals, pamphlet or pamphlets, circular or circulars, in whole or in part, as in its judgment may be necessary for the abatement of the nuisance.

Section IV. The attorney general is hereby authorized upon filing vouchers with the auditor general to receive from the state treasury such sums as may be required for the costs and expenses of all such proceedings prosecuted by him.

Section V. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

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