MISCELLANEOUS INFORMATION.

New Zealand Police Gazette, Volume LXV, Issue 28, 10 July 1940, Page 562

MISCELLANEOUS INFORMATION.

Retired on Pension under Section 26, Public Service Superannuation Act, 1927. Superintendent Lewin, Frank. 20th June, 1940. No. 960. Constable Cattanach, Henry James. 30th June, 1940.

Deceased. No. 1751. Constable Maiden, Alfred John. 23rd June, 1940.

Memorandum.]

The attention of all members of the Force is directed to the following extract from the “ Australasian Annual Digest,” 1939, column 358 :

“Malicious Procedure and False Imprisonment—False Return

Of Nulla Bona.

“ The plaintiff sued the defendant, a sergeant of police, for making a false return of nulla bona, or, alternatively, maliciously and without reasonable or probable cause making such a return to a warrant of execution, whereby a warrant of commitment for non-payment of a fine and costs was issued against him and he was arrested. After an application for a nonsuit was refused, the case was left to the jury, who found that the defendant made a false return to the warrant of execution and that he was actuated by malice against the plaintiff in so doing, and assessed damages at £550. The Judge found that the defendant acted without reasonable and probable cause in making the return. Counsel for the defendant renewed his application for nonsuit on the grounds that the statement of claim disclosed no cause of action and that notice of action had not been given. Judgment was entered for the plaintiff for £550 with costs to be taxed. “Fraser v. Brady (1939) 33 Q.J.P.R. 126 (Q. Sup. Ct., E. A. Douglas, J.) ”

D. J. Cummings, Commissioner of Police, Wellington, Ist July, 1940. (P. 40/768.)