268
Consolidation of actions.
51 & 52 Vict. c. 64, s. 5.
Person charged may give evidence.
51 & 52 Vict. c. 64, s. 9.
[cf. No. 14 of 1906.]
Words imputing unchastity to woman or girl per se actionable.
No. 1 of 1887.
DEFAMATION AND LIBEL.
(2) The application for such order shall be made on notice to the accused person, who shall have an opportunity of being heard against such application.
20. (1) It shall be competent for the Supreme Court, on an application by or on behalf of two or more defendants in actions in respect to the same, or substantially the same, libel brought by one and the same person, to make an order for the consolidation of such actions; and after such order has been made, and before the trial of the said actions, the defendants in any new actions instituted in respect to the same, or substantially the same, libel shall also be entitled to be joined in a common action on a joint application being made by such new defendants and the defendants in the actions already consolidated.
(2) In such consolidated action the jury shall assess the whole amount of the damages, if any, in one sum, but a separate verdict shall be taken for or against each defendant in the same way as if the actions had been tried separately; and if the jury have found a verdict against the defendant or defendants in more than one of the actions so consolidated, they shall proceed to apportion the amount of damages which they have so found between and against the said last-mentioned defendants; and similar provisions shall apply if the trial is before a judge without a jury. The judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he may deem just for the apportionment of such costs between and against such defendants.
[s. 21, rep. No. 19 of 1917.]
22. Every person charged with the offence of libel before any court of criminal jurisdiction, and the wife or husband of the person so charged, shall be competent, but not compellable, witnesses on every hearing at every stage of such charge.
23. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable: Provided that, in any action for words spoken and made actionable by this Ordinance, a plaintiff shall not recover more costs than damages, unless the judge certifies that there was reasonable ground for bringing the action.
54 & 55 Vict.