The Law of Slander and Libel

that of Not Guilty, and though he has not pleaded a special plea under the 6th section: and the judge has no power to deprive him of such costs (l).

The Court of King's Bench has no jurisdiction to direct the clerk of assize to review his taxation of costs (under the 6 & 7 Vict. cap. 96, s. 8) of an indictment for libel tried on the Crown side under a commission of oyer and terminer. It appears, however, that one of the judges appointed by such commission, has jurisdiction to do so if application be made before that commission be superseded (m).

CHAPTER

XXXVII.

conspiracy,

libel.

Where, on an indictment for conspiracy, with a count for Costs on libel, the indictment was removed by certiorari into the Court Indictment for of King's Bench, and at the trial the prosecutor abandoned with count for the counts for conspiracy, and the defendant was found guilty as to the libel: on taxation of costs, under 5 W. & M. cap. 11, s. 3, the master having allowed the prosecutor the costs of the counts for the conspiracy as well as for the libel, it was held, that the costs could only be claimed on the count for libel (n).

But where a public body preferred an indictment for a libel Costs where prosecution by upon one of its officers in the name of such officer, and the a public body. defendant afterwards removed the indictment by certiorari, and was convicted; it was held, that no costs could be awarded under the 5 W. & M. cap. 11, s. 3, as the party libelled was not the "party grieved" within the meaning of that statute (o).

A municipal corporation have no power to order the expenses Costs of prosecuting a Libel of a prosecution for libel, incurred with their sanction, by one not payable out of their officers, to be paid out of the borough fund (p).

of Borough fund.

on a company,

Company's

The costs of a prosecution for libel affecting the private Costs of prosecharacters of the directors of a trading company, and only cuting a Libel incidentally affecting the company itself, are not properly when payable' payable out of the assets of the company: and a court of out of the equity granted an injunction restraining the application of assets. the funds of the company to such a purpose (q). But where the libel directly affects the company itself, and the costs of a prosecution for the libel have been paid out of the assets of the company, the court will not interfere by injunction (r).

(1) R. v. Latimer, 15 Q. B. 1077. (m) Reg. v. Newhouse, 1 L. & M. 129. See Reg. v. Steel, supra.

(n) R. v. Hawdon, 3 Per. & Dav. 44. (0) R. v. Dewhurst, 2 Nev. & Man. 253; 5 B. & Adol. 405.

(p) R. v. Mayor and others of Liverpool, 41 L. J. Q. B. 175; Wilmer

v. same, 26 L. T. (N. S.) 101.

(q) Pickering v. Stephenson, 41 L. J. Ch. 493.

(r) Studdert v. Grosvenor, 33 Ch. D. 528; 55 L. J. 689; and see Breay v. Royal Brit. Nurses' Assoc., C. A., (1897) 2 Ch. 272, supra, p. 340.

533

LIST OF

FORMS AND PRECEDENTS.

NO.

1. Form of indorsement on writ of summons in an action of slander

PAGE

536

2. Form of indorsement on writ of summons in an action of libel
3. Form of statement of claim in an action of slander
4. Form of defence to action of slander .

6. Statement of claim in an action of slander of co-partners in trade; with allegations of special damage

7. Statement of claim in an action for words imputing immorality to a beneficed clergyman; with averments and innuendoes

9. Statement of claim in an action for slander, actionable only in respect of the special damage sustained.

10. Another form

5. Statement of claim in an action of slander of the plaintiff in his trade.

538

ib.

540

8. Statement of claim in an action for slander imputing immorality to a domestic servant

541

ib.

542

11. Defence to action of slander raising objection in point of law
12. Defence to action of slander, raising general question of
privilege

16. Various defences to actions of libel (ordinary forms)

18 & 19. Defences to action of libel, containing concise statements of facts showing privilege

ib.

20. Statement of claim in an action for libel of an innkeeper
21. Statement of claim in an action for a libel on a candidate for
Parliament

546

ib.

22. Defence to action for libel on a candidate for Parliament
23. Statement of claim in an action for libel in a newspaper
24. Defence to action of libel in a newspaper, with justification,
under "The Law of Libel Amendment Act, 1888"
25. Another form of defence to libel in a newspaper, that fair and
accurate report of proceedings at a public meeting

26. Form of reply to statutory defence

27. Statement of claim in an action for libel contained in a report
of judicial proceedings published in a newspaper
28. Statutory defence, under "The Law of Libel Amendment Act,
1888," sect. 3, to action for libel contained in newspaper
report of judicial proceedings .

29. Form of reply to ditto

ib.

551

NO.

PAGE

30. Statement of claim for damages and injunction in an action for libel on the managing director of a company

551

31. Defence to ditto.

552

32. Form of apology and payment into Court under 6 & 7 Vict. c. 96, s. 2, in an action for libel published in a newspaper

34. Form of reply to ditto

ib.

553

ib.

554

33. Another form of apology and payment into Court.

35. Form of particulars of evidence in mitigation of damages
36. Notice of intention to give evidence of an apology in mitigation
of damages, under 6 & 7 Vict. c. 96, s. 1

555

Forms of Procedure in Actions of Slander and Libel, remitted for Trial in County Courts.

37. Statement of plaintiff's cause of action, in action remitted for