JUDGMENT

Cunliffe, J. - The petitioners in this matter, whose names are T.G. Studdert and A.W. Turner obtained an open Rule nisi from the Court in the following circumstances: The respondent to the Rule is one J.F. Logan. He was at one time in the employ of a Company known as Samuel Osborne Ltd. He was their Manager in Bombay. After he was no longer in the employ of the Company he adopted the course of circularising a number of Firms and Government Departments making prima facie defamatory accusations against his former employers. The petitioners are Directors of Samuel Osborne Ltd. For the purpose of self-protection this Firm instructed their solicitors, Messrs. Sandersons and Morgans, in regard to these circulars that I have mentioned and in the usual course acting, in my opinion, with perfect propriety, they warned the respondent, J.F. Logan, of the consequences of continuing to issue these statements; but they were prepared, so they said in one of their letters, to refrain from instituting criminal proceedings against him if he was prepared to give an undertaking not to continue these circulars. So far from giving this undertaking ho invited prosecution and consequently Samuel O