
    Alexander M'Cauley against Thomas Browne Smith.
    No bail in slander or suit for a libel, unless there be special damage, or the charge be of a gross nature.
    Motion to discharge the defendant on common bail.
    The action was brought for slanderous words, spoken of the plaintiff as an innkeeper. The words were, “ he robs the trav “ ellers’ horses of their oats, but charges the oats to the travel lers.” There was also a publication in the Aurora, on the same subject.
    Mr. T. Ross, pro quer, Mr. J. Sergeant, pro def.
   Per Cur.

Unless some special damage can be proved, or the *194] words spoken charge the defendant with a crime of *a gross nature, it is the course of the court uniformly, to discharge the defendant in slander, on common bail: and the defendant was discharged accordingly.  