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THE ALBANY LAW JOURNAL:

A WEEKLY RECORD OF THE LAW AND THE LAWYERS.

The Albany Law Journal.

ALBANY, JULY 6, 1895.

Current Topics.

[All communications intended for the Editor should be addressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other

had business at the licensing meeting. In an action of libel brought by the plaintiff against the head constable in respect of his publication of the above-mentioned objections, it was held that the occasion of the publication was privileged.. Lord Esher, in delivering the opinion of the Court of Appeal, says: "The resolution was passed, not merely that this book should be

business matters, should be addressed to THE ALBANY LAW compiled, but that it should be compiled be

JOURNAL COMPANY.]

As

cause it would be a useful.assistance to the members of the court in the exercise of their judicial functions. But then the magistrates passed another resolution to the effect that it would be of assistance to them, in exercising their judicial functions, that everybody who should come before them, for the purpose of assisting in that judicial operation, should have a copy of this book. They therefore directed the head constable to sell this book to all per

S has been remarked before in these columns, the number of actions for libel, both in this country and in England, seems to be increasing; while it is also a matter of note that the number of verdicts recovered in these proceedings are proportionately decreasing yearly. The proposition, therefore, seems to be that the feelings of men are becoming more and more sensitive to statements made in the newspapers, while the average juryman, and more particu-sons who might apply for and require it in orlarly the judge, does not place much value on the so-called "slights" which are alleged. An action which has been somewhat noised about in the English papers is that of Andrews et al. v. Nott-Bower. The facts of the case seem to be that the head constable of a city, acting under the directions of its watch committee and magistrates, drew up a report containing a list of all the public houses in the city in respect to which a renewal of license was to be asked for at the approaching general annual licensing meeting. Besides the names of the public houses, the report contained columns with dates and other details of information which would be useful to the magistrates at the licensing meeting. It contained, among other things, opposite the name of the public house, of which the plaintiff was licensee, the objections to the renewal of its license, notice of which had been served by the police. Acting in accordance with the directions given him, the head consta- Lopes, L. J., in his opinion, says: "There is ble sold copies of this report to persons who no evidence, as far as I can see, that the report

der to facilitate their business at the general annual licensing meeting. When, therefore, the head constable issued the book to persons, whether counsel or solicitors, or parties who came before the magistrates for the purpose of assisting them in the exercise of their judicial functions, he was, in my opinion, only doing that which the magistrates had the right of commanding him to do, and which he was bound to do. The order given to the constable was an order of the court, as to the mode in which its business should be carried on, and was an order given to one of its own officers. What that officer did was, therefore, a thing done on a privileged occasion. There is no evidence that he delivered this book to any body but those to whom he was directed to deliver it, and, therefore, I think the occasion is privileged, and under these circumstances this appeal must be dismissed."

VOL. 52 No. 1.

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