Defamation 13 (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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