3 the words are or are not libelous and actionable, is a question of law for the court.' Whether it is a privileged communication is for the court.2 The jury cannot decide whether a libel was published on a justifiable occasion, without being told by the court what facts would constitute such an occasion. It is not error to charge the jury that there is no evidence of express malice, although there may be slight evidence, but not sufficient to sustain a verdict. In an action for libel it is not improper for the court to inform the jury of the amount of damages which would carry costs." 1 Dexter v. Taber, 12 Johns. 239; Hume v. Arrasmith, 1 Bibb, 165; 4 Am. Dec. 626; Brite v. Gill, 2 T. B. Mon. 65; 15 Am. Dec. 122; Rice v. Simmons, 2 Harr. (Del.) 417; 31 Am. Dec. 766; Snyder v. Andrews, 6 Barb. 43; Pittock v. O'Neill, 63 Pa. St. 253; 3 Am. Rep. 544; Barrows v. Bell, 7 Gray, 301; 66 Am. Dec. 479; Negley v. Farpow, 60 Md. 158; 45 Am. Rep. |