For verbal slander. * 264 Second count for words of the plaintiff. (m) last-mentioned subjects, falsely and maliciously(e) spoke and published to(f) and of and concerning the said 4 B,(g) [and if the words be actionable only with reference to the induce ment of some extrinsic matter, say, "of and concerning" such matter; see ante, 258. and 2 Saund. 307. a. n. 1.] these(h). false,(i) scandalous, malicious and defamatory words, following, that is to say, you(k) (meaning(1) the said A B) are perjúred. And afterwards,(n) to wit, on, &c. aforesaid, at, &c. aforesaid, in a certain other discourse which the said CD then and (e) As to the statement of the (f) See post, 264. n. (k). (h) Verbal slander should be stated (i) This allegation is a sufficient averment of malice, ante, 257. n. (u). 1 Saund. 242. a. n. 2. 1 East, 563. (k) Proof of words spoken in the P. 5. Sed vide, Rep. temp. Hardw. words spoken affirmatively, 8 T. R. 150. The plaintiff needs not prove all the words laid, 2 East, 438. acc. Willes, 444. semb. cont. And the addition or omission of a word, will not, in the case of verbal slander, be material, unless it alter the sense, Bull. N. P. 6. and it is sufficient for the plaintiff to prove the words to have been spoken in substance as stated, Bac. Abr. tit. Slander, S. 1. Rep. temp. Hardw. 305. and Com. Dig. Action Defamation, G. 6. Though some of the words spoken may not be actionable," yet if they be spoken at the same time as those which are actionable, they may all be stated in one count, 10 Co. 131. a. 2 Saund. 307. a. n. 1. 3 Wils. 185. But if words which are not actionable, be stated by them. selves in a distinct count, and entire damages be given, judgment will be arrested, id. ibid. Words not stated in the declaration, may, if not actionable in themselves, be given in evidence, in aggravation of damages, Peake's C. N. P. 125. 22. 166. Bull. N. P. 7. () As to the nature and use of the innuendo, ante, 259. n. (9), and 1 Saund. 243. n. 4. (m) See the notes to the preceding count, which are in general applicable, and n. (k). (n) The words, "And whereas also," would not be demurrable, an te, 260. n. (s). there had, in the presence and hearing of one E F,(0) and of For crimina divers other good and worthy subjects of this realm, he the conversation. said CD, further contriving and intending as aforesaid, then and there in the presence and hearing of the said last-mentioned subjects, falsely and maliciously spoke and published(/) of and concerning the said A B, [and if the words be actionable only with reference to the inducement of some extrinsic matter, say, "of and concerning" such matter, ante, 258. 263. 2 Saund. 307. a. n. 1.]-these other false, scandalous, malicious and defamatory words following, that is to say, he(7) (meaning the said A B) is perjured. By means, &c.-[here state the damage, as ante, 261. observing the notes thereto, and conclude as ante, 238. * 265 [Commencement as ante, page 1, omitting the words, " of a For criminal plea of trespass on the case," &c.]-For that the said CD, vi et armie conversation, on, &c. and on divers other days and times between that day (”) (0) It is said that if the words are laid to be spoken before E F and others, it is sufficient to prove that they were spoken in the presence of others only, Bull. N. P. 6. (p) The omission of the statement of the publication of the words in a second, or subsequent count, may be sided by the statement of it in the first, 2 Lev. 193. 2 Wils. 114. Ante, 260. n. (t). (9) Ante, 264. n. (k),' (r) See the points relating to this action in Selwyn's N. P. 9 to 19. Bull. N. P. 26. Bac. Abr. tit. Marriage, E. 2. 3 Bl. Com. 139. I have not met with any precedent in which the declaration for crim. con. was framed in case; the injury has always been described, as committed with force, the law supposing force and constraint, the wife having no power to consent, 3 Bl. Com. 139. 7 Mod. 79. Bac. Abr. tit. Marriage, E. 2. The action, however, is in effect in case, fi East, 387. 251. because, first, the wrong complained of is not immediate, but consequential, the gist of the action not being the supposed assault on the wife, but the consequent corruption of the body and mind of the wife, 6 East, 389. 2dly. That the plaintiff may declare with a quod cum, which is improper in trespass, 2 Salk. 656. 1 Stra. 621. 3dly. That the injury may be stated to have been committed "on divers days and times," &c. which is improper in trespass for an assault, 6 East, 391. 395. 4thly. That the plea of the statute of limitations is not guilty within six years, 2 Burr. 753. 6 East, 387. and not as in trespass for an assault within four years, 2 Salk. 420. And lastly, that the plaintiff' is entitled to full costs, though he should not recover 40s. damages, 3 Wils. $19. 1 Salk. 206. 2 Ld. Raym. 831. When it may be doubtful whether the criminal conversation can be proved, and the defendant have been guilty of enticing away, or harbouring the wife, it is advisable to add counts for such injuries, and which may be framed as in the precedent in Willes, $78, 579, 580. and it may be advisable in that case to frame the count as in the next procedent. conversation. * 266 For criminal and the day of exhibiting this bill, with force and arms, &c. assaulted and ill-treated E F, then and still being the wife of the said A B, to wit, at, &c. and then and there debauched, and carnally knew her, whereby he, the said A B, for a long space of time, to wit, from the day and year first above-mentioned, hitherto, *hath wholly lost and been deprived of the comfort, fellowship, aid and assistance of his said wife, in his domestic affairs, which he the said A B during all that time, ought to have had and otherwise might and would have had, to wit, at, &c. aforesaid. And other wrongs to the said A B then and there did, against the peace of our said lord the king, and to the damage of the said A B of. and therefore he brings his suit, &c. The like in [Commencement as ante, page 238.]-For that whereas the form in case. said CD, contriving, and wrongfully, wickedly and unjustly intending to injure the said A B, and to deprive him of the com-. fort, fellowship, society, aid and assistance of E F, the wife of him, the said A B, and to alienate and destroy her affection for him, the said A B, heretofore, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill at, &c., wrongfully,(s) wicketlly and unjustly debauched and carnally knew the said E F, then and there and still being the wife(t) of him the said A B, and thereby the affection of the said E F, for him the said A B, was then and there alienated and destroyed, and also, by means of the premises, he the said A B hath thence, hitherto, wholly lost and been deprived of the comfort, fellowship, society, aid and assistance of the said E F, his said wife, in his domestic affairs, which he, the said A B, during all that time ought (8) In an action for debauching a wife or servant, it is not necessary to allege, or prove, that the defendant knew that the female was the wife or servant of the plaintiff, though in an action for seducing or harbouring a wife, or servant, such allegation and evidence are necessary, Peake's C. N. P. 55. Peake's Law of Evi dence, 334. Willes, 577. (t) In an action for crim. con. the plaintiff must prove an actual mar riage, 4 Burr. 2057. Peake's Law of Evidence, 350. Selwyn's N. P. 14. 16. but in an action of trespass by husband and wife, for the battery of the wife, it is sufficient to prove re. putation of marriage, Stra. 480. to have had, and otherwise might and would have had, to wit, For debauch at, &c. aforesaid. [Commencement as ante, page 238.]-For that whereas the said CD, contriving, and wrongfully and unjustly intending to injure the said A B, and to deprive him of the service and assistance of E F, the daughter and servant of him the said AB, heretofore, to wit, on, &c. and on divers other days and times between that day and the day of exhibiting this bill, at, &c. debauched and carnally knew the said E F, then and there, and from thence, for a long space of time, to wit, hitherto, being the daughter and servant(x) of the said A B, whereby the said E F became pregnant and sick with child, and so remained and continued for a long space of time, to wit, for the space of nine months then next following, at the expiration whereof, to wit, on, &c. at, &c. aforesaid, she the said EF was delivered of the child with which she was so pregnant as aforesaid, to wit, at, &c. aforesaid, by means of which said several premises, she the said E F, for a long space of time, to wit, from the day and year *first above-mentioned, hitherto, became and was unable to do or perform the necessary affairs and business of the said A B, so being her father and master aforesaid, and thereby he the said A B, during all that time, lost and was deprived of the service of his said daughter and servant, to wit, at, &c. aforesaid. And also, by means of the ing daugh ters. For debauching a daughter and servant.() * 268 () As to actions by a parent or master, in that character, see Bac. Abr. tit. Master and Servant, O. Peake's Law of Evidence, 333. For the battery of a servant it is clear, that trespass vi et armis is proper, though the injury to the master is not immediate, but consequential, ante, 265. n. (r). 6 East, 390. A parent, in that character merely, cannot support an action for debauching or beating his daughter, which is only sus tainable in respect of the supposed loss of service, some slight evidence of which must, in general, be adduced, 5 East, 45. 5 T. R. 360. 2 T. R. 168. Peake's C. N. P. 55. 233.- (x) It is not necessary to allege or Enticing a- said several premises, he, the said A B, was forced and obliged [If the female were not the daughter of the plaintiff, omit the words "daughter" and "father" throughout; or in case where the legitimacy may be questionable, a count omitting those words, which are not necessary, see ante, 267. n. (u). Peake, C. N. P. 55. should be added.] [Commencement as ante, 238.]-For that whereas before and at the time of the committing of the several grievances by the said C D, as hereinafter mentioned, one E F was and from thence hitherto hath been, and still is, the servant (or apprentice") of the said A B, in his trade or business of a which he the said A B, then exercised and carried on, and still doth exercise and carry on, to wit, at, &c. Yet the said CD, well knowing the premises, but contriving, and wrongfully and unjustly intending to injure, prejudice and aggrieve the said A B in his aforesaid trade and business, and to deprive him of the service of the said E F as such servant (or “ apprentice," as aforesaid, and of the profits, benefits, and advantages, which might and would otherwise have arisen and accrued to him from such service whilst the said E F was such servant (or length; but this appears unnecessary and injudicious, see the precedents, 2 Saund. 169. 8 Wentw. Index, 31. It is necessary to allege and prove, that the defendant knew that the third person was the apprentice, or servant of the plaintiff, Peake's C. N. P. 55. Peake's Law of Evidence, 354. 3 B). Com. 142. Willes, 582. but it is not necessary to state what means of enticement the defendant adopted, Willes, 577. The damage per quod servitium amisit must be alleged and proved. 5 East, 39. Burr. 1352 (y) As to this action in general, |