MAGISTRATE SUED.

Waikato Times, Volume 108, Issue 18170, 7 November 1930, Page 8

MAGISTRATE SUED.

ALLEGED SLANDER. ACTION STRUCK OUT. DUNEDIN, Thursday. In the Supreme Court to-day tha Crown made application before Mr. Justice Kennedy to have struck out, on the ground that it was frivolous and vexatious, an action brought against James Rankin Bartholomew, stipendiary magistrate, by John Frederick Ilammerley, for damages of £75 for alleged slander. Air. F. B. Adams appeared in support of the motion. Hammerley appeared on bis own behalf. Mr. Adams claimed that certain words set out by plaintiff in bis statement of claim were uttered by defendant in the exercise of his judicial duties. He quoted a case in support of his contention that defendant had absolute privilege. There was a further ground, in respect to the time in which the action was commenced. Plaintiff alleged slander on February 12, w-hicn meant that the action should have been commenced by August 12. That had not been done. Ilammerley said he' did not doubt that the magistrate used the words of which he complained in his judicial capacity, but he contended that the magistrate exceeded his duty. Mr. Adams said the magistrate had stated that the words used were really in mitigation, as a reason why a heavier penalty should not be imposed. Thera was no intention to injure Ilammerley ir any way whatever. His Honour said the Court had jurisdiction to dismiss an action on the grounds of the present application, but such jurisdiction was sparingly exercised and only in very exceptional cases. He was of opinion that this was a case in which the jurisdiction should be exercised. There could be no doubt that the words' were spoken in open Court by the magistrate in exercise, by him, of his judicial functions as a justice of the peace. His Honour made an order that the statement of claim he struck out and the action dismissed. Costs of 10 guineas were allowed against Hamroerley.