Spens, C.J.-The only question which it is necessary to decide in this appeal is whether the proceedings out of which the appeal arises are “in respect of any act done or purporting to be done in the execution of his duty” by the appellant as a servant of the Crown (section 270(1) of the Constitution Act).

The appellant was a station master at a steamer station on the O.T. Railway. The complaint alleges that on 25th July, 1944, the complainant with his wife and certain others proceeded to the station a short time before the steamer was due to leave, that he went to the booking office to purchase tickets, asking his wife and the rest of the party to wait at the jetty along with the luggage, that the booking clerk declined to issue tickets alleging that it was very near the time fixed for the steamer’s departure and that when he went to the jetty he found that his wife and the other people had already boarded the steamer with the luggage and accordingly he asked the station master to arrange for the issue of the tickets required. It will be convenient, in view of the arguments urged before us, to set out the rest of the complaint in full: He (the station master) gave a flat refusal and

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