Defamation
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(4) In a consolidated action under this section the whole amount
of the damages (if any) shall be assessed in one sum but a separate
judgment shall be given in respect of each defendant in the same
way as if the actions consolidated had been tried separately.
(5) The amount of damages so assessed as aforesaid shall be
apportioned amongst those of the defendants against whom judgment
shall have been given, and if costs are given to the plaintiff the
court may make such order as it shall deem just apportioning the
costs amongst such last-mentioned defendants.
Separate assessment of damages in certain cases in actions for
libel
18. Whenever in an action of libel the plaintiff sues more than
one defendant, whether jointly, severally, or in the alternative, and
evidence is given of malice in one defendant or of any other matter
of aggravation which would not be admissible in evidence against
any other defendant if he were sued alone, such other defendant
may apply to the court to have the damages against himself and
his co-defendants separately assessed, and if such application be
made the court shall assess the damages separately against each
defendant and no defendant shall be liable nor shall execution
issue against him for any further or other damages than shall be
so assessed against him.
Severance of defences
19. Whenever in any action of libel the plaintiff sues more than
one defendant, whether jointly, severally, or in the alternative,
each defendant may file a separate statement of his case and
appear at the trial by separate counsel or if he thinks fit, apologize
or pay money into court or make other amends, whatever may be
the defences set up by his co-defendants, and the plaintiff may
accept such apology, money, or other amends and settle or
compromise the suit and discontinue the action as between himself
and one or more defendants without reference to the other defendants:
Provided always that the rights and interests of the other defendant
or defendants shall not in any way be prejudiced thereby.
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