The Express.
London, England, 1864-04-28 00:00:00

LAW INTELLIUENCE

(THIS DAY.)

COURT OF QUEEN'S BENCH.
tt,,,gistdrj,ne(?.—(odioae 21::rke Lord Cbirl faugileork. b6lll,
tovs3 r. SUSSON AND °THEM --ICI. SMIJIANT GLOM
AND Till LAYS " NOILINDIO CHRONICL&"

my sm. en satinet alleged to have ark= eat el the adios
brought by Mr. &Own% Glover ageism the Duke gy
Pir-
,;gey and the late M. Billanit for adwoostiog the policy
of Emperor of the French is the Morning Chronic&
It will be recollected that the original claim was for 14,0004
for lora and labour, end in trensletieg articles from the
Finch into English, end printing and publishing these is
m..mc xi/Caro/ric, end also for writing articles and pub-
bilwag them in the same paper, end afterwards translating
them into French for publication in the ifoniteur Colutitn-
:,sso, Pa us, and other French papers et thirsts of 8004
pm month. There was else a demand far damages for lam
mtsicsd in depreciation of the valise of the Morning
de in fulfilling the contract
The present writ is directed to the 'wend male defead-
s.v. Julian Henri Boman and Fanny Beeson his wife, and
Polyk de la None and Marie de la None his wife,
to the following effect, " Take police, that William Glover,
of Iturton-crewent, in the pans, of S. Pancras, in
the county of Middlesex, England, has commenced an
action at law against you, and Fanny Bowie, your wife,
is ber Majesty's Court of Queen's Bench, by a writ of that
court dated January 4, 1864, and you an required within
solver days after the receipt of this notice, isclusive of the
jar of such receipt, to defend the said action by causing en
appearance to be entered for you, and in default of your
ro dome, the said William Glover may by leave of the wart
use a judge proceed thereon to judgment sod execution. The
rlswitf claims 21,0004 for &bt.,and4l. 4s. cods, sad if the
smouat be paid to the plaintiff within eight days from the
service hereof. further proosedinge will be eteye&"
Mr. Bovill, Q.C., said he moved on the part of the &-
jemmy', M. Eamon, his wife Faart7, end M. Colas de la
Nom sad Marie his wife, the two ladies being the daughten
of the late M. Billault. for a rule calling opus the plaintiff
to Chow muse why the service of the writ is the defied-
rats and ell imbeequent proceedings should not be set aside
on the ground that the ours of toilet did not arise
within the jurisdiction of the court, sad pay the oasts of
this application. Their
bkilsoliii Lien swan that semethee
crux Mr. BerYeaut Glover tan action against the Duke
de Pmsigay and the late M. • t, sod wewithetanding
teat every endeavour bad been made to bring that airtime to
teal, it had so far been unsowenefu6 In the neseatime M.
Rilstilt had died. •
The Lord Chief Justioa—Does this prooseding arise out
el that weir, _ _ _

.Sir.Bovil aid be believed Yr. Sarjeset Glover was
,•reeling up= some "apposed or imardeary mune of
be had against the defendants, misiag ot that

Mr. Justice Mellor said the ease had been at chambers.
gaffe he believed Mr. Serjeant Glover said it arose out of
same matter. The writ wee jimmied en 24th January
lat. and atterwards served epee the four defendants in
Force, accordieg to the provinces of the Common Law Pro.
ceiore Act of 1852. Be moved on affidavits statiag that
the ileteodaots had always best FT•lloii subjects and re-
Elect it France, and that they had never sees or
anythtog of the plaintiff until they were areved
with the writs in queetiou—that they savor saes any
tra:t or engagement directly or indirectly with kin, or had
10 UV way become liable to hint. The learned earned said
the defendants believed that the action wee brought to ea-
Iwe the plaintiffs alleged claim against the lat. IL
Ihlkult—the claim being similar to that which
be bad made against the Duke de Penaigidya
i,hd M. Billed; which action was still
and
against the Duke de Psenigny. The defendaate
mid they were in no way connected with any property ie
England. neither was there *my estate of the late IL Bel
lailt in England. The matter had bees before Mr. Justice
Mellor at chambers, who bad referred it to this court. It
night be said that little harm would result from nerving
parties residing is Femme with this paces, bet ow
lenses objection to it was, that if the proceeds was
as tot let side, it would be competent under t 6 law
for the plaintiff to go to a judge and ask to be allowed to
proceed with the suit without further notice to the
dereodaate It was as extraordinary power whisk
the set p.. for serving roomer op forgiven
roiling abroad and ought to be exercised strictly
is accordance with its proviskias. It wee an abase
of the act to serve write, as in this isetairm, blears it was
warted for beseficial porpoise and not to permit or allow
moos to be harassed in this way. When the case was
bets* the leered judge, at chambers, the plaintiff pro-
? Ted no affidavit and did est pretend to show that there
sea any me of action except his stating that it related to
the original action brought by him spirit Dake Persigay,
ad the late IL &Dealt. It wee therefor* gait* clear on
wo statement that he bad no claim against the pe-
rm defendants, because by the death of M. Billault kis
rain against him was gram. There were two or three
wanes open to the defendants. la the fint case they
might Ippser, but it they did they submitted themeolves to
the jurisdiotio. of the court
_

,
Yr. Justice Blackbarn said that if they did not appear
tulrmirst might go against them, and if they had any pro-
perty within the juriediotioe of the court it could be taken.
All the learned counsel had to do was to show this proceed-
* was an obese of the power of the coon.
Yr. %TM said it was • matter that was looked upon with
cusidully watche.erable jealousy ia foreign oountries, and ought to be
ceref
The Lord Chief Justice said there wee • case in point in
ths
ule Courtg of Exchequer, and the rule should be granted.
Rranted.