The Express.
London, England, 1862-05-06 00:00:00

COURT OF ICXCHICAVER-MAY 5.

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Sittings in Banco in Faster Term.— (Baton the Loed Chi.[
Baron and Barons Bramwell, Martin, and Wilde.)

CAPTAIN SCOTT V. LORD NUNCIOS.
This was a case in the special paper nth* a quokka as
to the jurisdiction of this court in regard to ea attics for
damages for an moult committed abroad, is which both
parties were British subjects. The plaintiff, Charism Alex-
ander Scott, sued Edward Adollibus Ferdinand SR Maar,
counioaly called Lord Seymour, for assault end false im-
prisonment, and laid his damages at 10,000/. The deelanv
lion stated that the defendant assaulted and beat the plebe-
tiff, and with • certain instrument struck him on the head
end other parts of hie , and then dragged and pulled
him about, and illtrtatedbody him, and threw him on the
(nand and imprisoned him, whereby the plaintiff
thstaised • concussion of the brain and • fracture of the
hip and other grievous injuries, and that the plaintiff's life
was thereby greatly endangered and despaired of, and be
became, was, nest sick, sore, weak, and diemelered, end
prevented transacting his necessary affairs. Lord Seymour
pleaded that the alleged assault was committed out of the
dominions of the Qom of England and the jurisdiction of
this court, to wit, at Naples, end that he was only amthabk
to the laws of Naples, according to which no civil action for
damages could be brought for mayn't and false imprima.
meat The defendant also pleaded that plaintiff bad taken
certain proceedings before Ferdinand Boccie, royal judge
of the Court and Circuit of Chiaja, in Naples,
sitting as
correctional judge, according to the articles the penal
procedure laws of that country, which wen still
pending, and that he was not Habit to • civil action until
these proceedings bad terminated. The queries raised
upon these pleas, to which the plaintiff demurred, wet
whether they disclosed a good defence to the action.
Mr. Bogeyman (with whom was Mr. Jenkins) appeared
ea
behalf of Captain Soon ; and having gone through the
principal authorities upon the point, said that, it being ad-
mitted that the assault complained of was • wrongful and
unjustifiable act, and both parties being British sukecte, it
would be repuguant to the general principles (of law and to
natural Justin to say that the plaintiff bed portend! in
the warts of this country. With regard to the proceedings
taken by the plaintiff at Naples, the learned counsel con-
tended that they wen a mere matter of procedure, and did
not prevent the plaintiff bringing his action in this count y.
Mr. Hawkins (with whom was Mr. Archbold) having
been heard in support of the pleas,
The court took time to consider their judgment.

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