LAW REPORTS.

Dominion, Volume 1, Issue 125, 19 February 1908, Page 9

LAW REPORTS.

SUPREME COURT. IN DIVORCE At a divarco sitting of tho Supremo Couit to-day, decrees nisi were'made in-tho,cases of Jossio Andorsen v.. John Anderson (desertion) (.arid Fanny Thompkins v. Leonard Thompkins. (desertion) ; In tho case of Loah Jane 'Caslimcro v. Henry Cashmer'o (misconduct), tho Judgo'remarked on the easy manner in ' which un-happily-mated .people: seemed to think they could sccuro a divorce, and ho took time to' consider liis decision. . IN CHAMBERS. ; His Honour Mr. Justice Chapman held a sittiiig in' Chambers yesterday morning.. : Probates of : the wills of the following deceased, persons.,wore granted John Marsh' Komp,.. ■ Wellington, draughtsman" . (Public Tr.usteo): . Alexander , Bruce/ , of Fcilding, settler (Prior,,and Gillospie); John King, of Pohangina,.:fannor ; (A. Guy)jWilliam Henry, Stone, blacksmith (Public 'Trustee) ; Elizabeth Reid, Nelson, w;idow (Public Trustee),; / Thomas., Nidd, .of Wellington, settler (MessrsvSkerrctt and Wylie), , •; Lottcrs '.of; administration in tho estates of the following deceased . persons, wero, oh the application of the Public-,Trustee, granted:— John-Twomoy, of Auckland, police sergeant.; Alfred Sutton,.'of Napior, storekeeper; Edwin Charles Sltford,' formerly .of 'Bfoc'mfotitein but - late of •Nelson,, grocer; ~ArVilliam Albert Floyd,,, of Xailiape, railway overseer; Mary. Anil' Hogg,' of- .Flaxbdu'r'ne, a minor; Charles also, known as .Charles Carter, late of. Hastings,,'builder;, John -Ward,- of. Christoburch.. Letters .of administration in thojestate' of.Ellenor-',Halford, of Palmerston North, wero 'granted.'.on the motibri of.Mr. F. H. Cooke.. ; ■ .

i lii tho diyorco-suit, Moorchbuso. v. Moorchouso,. tho ;Wifo .(who is thorespondent). .was granted security ' of,..costs' .either .by. deposit or by approved .bond to the'amount of £35. Mr. Ti;cadwell. appeared for respondent, and Mr. Loyi'for petitioner. ' ' . " '

; ACTION FOR ALLEGED SLANDER. • MOTION, I FOR, STAY OF PROCEEDINGS. •1 A; motion- . brought forward . .on 'behalf of.tho defendant for a stay of-proceedings in tho case Edward John Searl, of Wellington, caterer,""v.: Thomas Patrick v Lyons, sof AVellington, caterer —a claim of £1000 for alleged slander—ovoked considerablo discussion. ; Tho crounds. on which the application, was based were as follow: —(1) That tho action is frivolous and vexatious and an abuse of the process, of, tho-Court, aiid. (2) that fho state-, monts complained of were lhado at a meeting of creditors of plaintiff .and upon tho examination on oath of tho plaintiff, and woro privileged,'and l were ..made, if, at all, -by defendant as a, creditor of plaintiff,- and as the lato: partner: of plaintiff in- respcct of.matters' in-,which.defondaut had a;direct interest with pho other.creditors of tho plaintiff. i His Honour said the question was whether the,, proceedings before an i Qflicial : . Assignee wore , absolutely,:, privileged' tho ;same as proceedings; in.a Court-of-Justico. : j Mr. Bunny, who appeared in support of tho motion, submitted that,' if thb Official Assignoo; had only qualified privilogo, L it ,wpuld bo .to tho Bankruptcy, Act-,' "wliioii espeoially provided'that ho shall be aii officer of,, tlio .Court.} -Counsol failed" to sec .any distinction between 1 tho powers in this regard of an official assignee, a master in CliiinceryJ and a rogistrar of the Supreme Court. All throo were; ho said, officers of the Court, and all.'.proceedings 'beforo thcm,;wore absolutely privileged. .Otherwise, it would mean: that an official assigneo might bo placed jn,tho unfortunato position' of having to just.ify overytliing ho may havo said at a moetiiif of 'creditors,' and show that his - statements woro:;riot' mado 'maliciously.'' That 'was, 'ho | submitted,, not tho intention of the Bank- | ruptoy Act. ; To nialtp statements falsely." at a: -meeting was asi.much ..'contempt' as if a' Judge .worp- present.; As -to; tlmimposition of. defendant as-a';crec|itbr counsel on tiio .other' side , could not /deny that defendant was- a lato partner'of plaintiff, that defendant' was mvitod-'jt&"'b6:;presont at..tlib" meeting, aiici' I that 1 ho was" more deeply interested : in' the' {Procoediiigs.. tjian tho .other, creditors. " V. r r ' Dunn, who ..appeared, to., opposo tho motion, said that' 'the..,statembnts'made by a creditor, at. a, meeting of. creditors ,wero. on. a, di%prit.-.footing :,;from statements made by -a .witness;,in .a court- ;,of justice,- - because' a JWfeMjss; the -latter,-.case-Vwas '• upoii .. oath aiid ; .liablo to bb. prosecuted for, perjury.. In regard ,to the, facts , of ;tho,. caso,- it : was iii j the, i firsfc- place denied,..that defendant was a -creditor-..'of plaintiff,' and it ..was further allcgod that the statements mado by, him wero made 'in'-support of a motion ..of ■ his' own- to . acquire, .tho.-assets ,in plaintiff's ostato, and this statements had nothing to .do- with tho examination of debtor.. An - official assignee-; was,,-, counsel>'contended,' not a .judicial officer, but merely an' official administrator "of a; bankrupt's property.' Svhat took; place beforo him -was not on tho samo footings as what -transpirod ,- in', a' • court;of There- was' no■ power by which, a official - assignee.' could < administer an:, oath. The; duty; of: an' official, assignee 'under; tho Bankruptcy Act . was. to collect .bankrupt's proport'y : he had no. jurisdiction to punish a bankrupt'and could not seize property without;'.; an order ' fromv the Court-." ' An : bflicial assignee: was a subordinate ~ officer romotciy conncctod with the Court, and lio had ;ho judicial, functions: .whatevor.. , ..Whether tho statements, niado related to the bxaiiiinatioh of ..debtor could;onl.y be decided - by the .calling or evidence:'.-.-.lt-would, therefore); only bo right that tho case should be heard: defendant could set up his dofenco at tho timo of hearing.,,..... . t ; .-'His Honour ''intimated''that ho" would take tniici to consider his judgment. The question was, he.' said, one of considerable importance. •-