ALLEGED SLANDER. SUMMONS TO STAY PROCEEDINGS.

Evening Post, Volume LXXV, Issue 48, 26 February 1908, Page 8

ALLEGED SLANDER. SUMMONS TO STAY PROCEEDINGS.

SEARL v. LYONS. His Honour Mr. Justice Chapman gave his decision this afternoon on a summons to -stay proceedings in the case of bearl v. Lyons,, it claim for £1000 damages, for alleged elander uttered at tho meting of thb creditors of the plaintiff in bankruptcy before the Official Assignee on 28th November last. The summons was preferred last week by Mr. Bunny, on behalf of the plaintiff, on the ground that the proceedings were frivolous and vexatious, and the statements mad© by the defendant, were privileged and weremade, if at all, by the defendant an « creditor of the plaintiff and as the late partner of tho plaintiff in urespect of matters in which the defendant had f\ direct interest with the other creditors of the plaintiff. Ifc was not suggested, said his Honour, that the defendant was examined or sworn by the Official Assignee. At f.)ie meeting he is said to have used words imputing to tho plaintiff that, he had blackmailed and robbed the defendant, that he had pooketed a sum of £100 payable by tho firm for rent, which remained unpaid. There wore further f tatementb, -n hich a jury might regard as imputing crimes. These words were not uttered tn answer to questions put in examination by the assignee. To justify tho granting of the motion, his Honour held ifc beyond dispute that the defendant must mako out a caas of absolute privilege. The question therefore was, what w.hs the true legal character of the proceedings at the meeting of creditors, and whether ihe interest of the defendant there gave him the privilege claimed If His Honour quoted tho case of Jellicos v. Haselden to show that a statement made by a member of a commission was not absolutely priviledged. There was no ground for suggesting that the assignee, sitting as chairman at a. meeting of creditors, was a judge of a court or tribunal, or that he was otherwise expressing judicial authority, so, as it were, to protect all persons who might be in lawful attendance in the room as interested parties, from the consequences of anything they might happen to say. For these rea- , sons his Honour felt that he was forced to tho conclusion that as tho words complained of were not spoken by a witness in answer to questions put to I hirr> in the course of an examination, j and as defendant was not at the time a party in attendance on a court or tribunal entitled to take part as such in j its proceedings), no such privilego as was claimed existed. Whether he could tlairo the privilogo of ii person making communications without malice to persons in common interest with himself, j upon an occasion prima facie privileged, .ras a question with which his Honour | % lid not think himself at present concerned. J The summons was dismissed with £3 5s costs. Mr. Bunny proferred the summons, Mr. Dunn opposed.

Judgment, was given tins morning by Mr. Justice Button in the case of j Smith v. Biss and others, a claim for £237 10s, commission on a sale of property 'alleged to have been brought about by the plaintiff as agent for the defendants. The property in question j belonging _io the defendants was the 1 corner section at present in the occupa- ] tion Messrs. Rash and Gooder, Willisstreet, and the purchaser, Mr. Frederick Cooper, for a sum of £9500. His Honour held that beyond a doubt Cooper originally got his information about the property from Smith, bat for whose exertions Cooper would never have purchased. Judgment was therefore given for the plaintiff for th& full amount, with costs on the middle scale,' and interrogatories £3_ ss. Tht> excursion and concert at Day's Bay to-night promises to be a success. An interesting programme has been arranged, and the grounds and pavilion', will be specially illuminated for th<v occasion. The s.s. Duchess leaves the. Ferry Wharf at 8 p.m., returning from the bay at 10 p.m. Tho Benevolent Trustees met yester- i day afternoon. Tho following were I present: — The Rev. W. A. Evans (chairman), Mrs. Darvall, Messrs. J. Smith, H. Cook, and D. Eobertson. A number of applications for relief were dealt with. It was stated that at present' there wore 101 inmates in the Ohiro Home, 68 males and 33 females. Accounts amounting to £151 8s 2d were passed lor payment. Argument will be Loard to-morrow before Mr. Justice Chouman in reference to 11 motion to set aside an interim injunction restraining Mrs. Arini Donnelly and others from driving stock on to the South Waimarama run, Hawkes Bay, at present in tho occupation of Miss Gertrude Alice Meinertznagen. Before quitting the Bench at tho conclusion of his last case this morning, Mr. Juctice Button delivered a eulogy of the use of the typewriter in lakinr evidence in court, and apecialiy referred to Mr. Lo Grove, who has acted in the : capacity of recorder of testimony for ■ some years in the Supreme Court. "I wish to say before I leave the Bench," said his Honour, "that 1 fnel very much i indebted to Mr. Le Grov »or the help I have received from time to time with the typpwriting of the evidence. This is the first tune I hava had any experience since I have been In Wellington on the Bench of a typewriter being employed by the Government, and I think it is a very great convenience, and assists materially in disposing of the business. ' ' A number of local companies are being prosecuted for a breach of tho Corn- [ panics' Act in not filing an annual sum!- ! Mary a& required by lho Act. Even though a company may have only been in existence tuo or three months it must furnish a return before the end of tho y-\ir. Mr. Johns, who was killed in the Taihapo tunnel last night by a train, was the father of Constable Johns, of the Lambton-quay police station. The details in connection with the garden fete to be held at the Home of Compassion, Island Bay, next month, have been arranged, and everything points to a .successful function. A special feature will be a baby show: There will be competitions of various kinds, partinilarr of which may bo obtained from tho joint secretaries. The Secretary for Agriculture, Mr. J. I). Kitchio, relumed from the Fouth by t ho Maoii to-day. He says that the tmnip ciop in Canterbury is* very pool, but ■ peaking generally, other crops are fiiiily good; st iil, the position is yet lathtr rerious owing to lack of sufficient mm. Four liuiuhcd fowli from the *toek of a, well-known brcrclnr v,-ill be fold without reecn c on Frkinj mx. at 11 a.m., by the N.Z. Farmers' Distributing Co., Ltd., Allen-street. At 2 o'clock to-morrow, Messrs. W. H. Morrah and Co. will fell by public auction in their rooms, Willis-street", a collection of oil paintings by Mr. T. U. Attuood, romprieing 20 framed and 17 panol paintings thx Frtbjecth being Xcw Zealand "oonery. The pictures are now on \iow and catalogues may be obtained from tho 1 aue'ionrer-.. Messrs. W. F. Shortr, Lid, vol) househojfl, furniture nnd plum; n*- tbetr nmri. Willu-atreet, to-morrow, nt 'i o'clock. Jr'artiwulard arc advertised m this issue. j