The Express.
London, England, 1863-05-26 00:00:00

COURT OF EXCHEQUER.

Bitting, in Banco in Term. —Motors -.Lord Chief Baron
Pollock end !krone Bramwell, Channel], and Wilde.)
ALLEN r. gnamsksr.—ElllllVlCZ OP A WRIT ON • LUNATIC.
Mr. Gray moved en the pert of the plaintiff, for per-
mission to proceed in this nation notwithstanding the
writ had not been served on the defendant. It appeared that
the defendant had been taken to • private lunatic
asylum at Chiswick and the plaintiff applied to the
keeper, Dr. Tuke, to allow the lunatic to oe weaselly
served with promos, or to deliver to him a copy of the writ,
but he declined to do so. A copy of the writ was them
left at the asylum, and according to the affidavits Dr. Tube
bad received the document, and had mentioned the fact
of its service to the lunatic, bet did not give it
to him. Under these circumstances, the question was

whether the court would allow the plaintiff to enter an ap-
pearance and proceed with the action, and the learned
counsel submitted that he ought to be permitted to pro-
ceed, because the writ had oome to the knowledge of the
alleged lunatic.
Mr. Baron Wilde said the cue of " Holmes v. Service,"
decided by the Common Pleas, stood is the way of the ap-
plication. In that case, Chief Justice Jervis said there
was no provision in the Common Lew Procedure Act for the
service of a writ on a lunatic, while it abolished the writ of
distringsa, by which formerly proceedings could be taken
against a lunatic ; and he added that the absence of each a
provision was probably unintentional.
M 7. Gray said that in the case mentioned there was no
proof that the writ mine to the knowledge of the lunatic.
The Chief Baron—lf the court did not allow the plaintiff
to proceed in a case like this, a man by voluntarily goMg
into a lunatic asylum, would shut himself out from legal
communication with the whole world.
Mr. Baron Wilda did not think that the Common Law
Procedure Act in abolishing the old process by &skin s.
intended to render lunatics less liable to the service of
write than they were before.
Mr. Gray—lf an alleged lunette must be personally
nerved, he would, by shutting himself up in an asylum, be
able to give preference to say of his creditors he chose to
select.
The Chief Baron—l think ere must give permission to the
tiaintiff to go oe.
Mr. Baron Bramwell did net think the decision of the
Commies Pleas was well founded, as the case of a Mastic
Iwas not omitted from the act, bat left to be treated
In therm. way as anybody else. It was only aeoseemy to
peeve that the writ had come to his knowledge.

Mr. Baron Wilde said the decision in tLe Common Hem
proceeded on the principle that no communication was roads
to the lunatic, but in this came the writ came clearly to the
knowledge of the defendant.
Application granted.

COURT OF BANKRUPTCY.
(Before Mr. Comminsiooer ifolroyd.)
IN El STUDS-SINGULAR CABE.
The bankrupt, who had been co-respondent in • divorce
cue, applied for his releue from muitocly. The circum•
stands of the case were peculiar. The verdict in the
Divorce Court had been for the co-respondent, and the
petitioner. Miller, was mulcted in the costa. Soon
after Miller went to Jersey, and an attachment was
issued against him for disobedience to the order
of the Judge Ordinary. Proceedings in bankruptcy were
taken against him at the instance of Hicks, but those pro-
ceedings failed, and the coati, 251., tell upon Hicks. On
his return to this country Miller was arrested at the suit of
Hicks for the amount of costa in the Divorce Court, 103/.,
without any allowance or set-off being made for the 2:./. of
bankruptcy coats incurred by Hicks against Miller in this
court. . . . . .

....
Hr. E. Reed supported the application foe release, which
was opposed by lir. Gaut.
Hicks was sworn, and deposed that be bad personally
been no party to the erred of Miller, and never knew of his
arrest or discharge from custody until it was all over, it
having been done by the attorney without his knowledge.
His Honour held that the toots io bankruptcy ought to
have bees set off against the costa in the Divorce
to which Hicks would have been otherwise entitled,
refused the release. _ . . .

(Before Mr. Registrar Roche.)
IN RE SIR CHARLES SULLIVAN.

This was the fintTiating under the bankruptcy of Sir
Charles Sullivan, Bart., described es formerly of Ember-
court, Kingston-on-Thames; then flag lieutenant to the
admiral of her Majesty's dockyard, Plymouth ; then of
Maddox-street ; then of St. John's-wood ; then of
Gloncesterplace, Dorset-square ; then of Porcbester-
place, Oxfordequare ; thee living under the name
of Charles Sibley at Sidasouth ; then of Ballycotton near
Cloyne ; then of Rock-lodge, Fermoy Castle ; then of Hon-
fieur, in France ; since of the Colonnade Hotel, Haymarket;
and now a prisoner for debt in Whitacre's-street Prism).
The bankrupt has filed a statement of accounts showing
debts, secured and unsecured, of upwards of 30,000,.. 01
which 10,000!. is due to one creditor and 7,030!. to another.
He recently made application for his release from custody,
when he was opposed on behalf of Mr. Florence, one of his
largest creditors, and Mr. Commissioner C,oulburn directed
that he should only be released on entering into his own
recognisance. for 5001., and finding two sureties in MO/.
each. He has since remained in custody.
Only two debts were proved, for small amounts, and no
assignee wa chosen. Further proceedings were adjourned
until the next sitting.
Mr. Lawrence appeared for the bankrupt, who is still in
custody.

U ARNIE RUSSELL.
This was another Ant sitting in rather a remarkable case.
The bankrupt was the plaintiff in the celebrated action of
" Russell v. Adams." She is described as of 24, Cottage-
grove, Peckham; previously of Southampton-street, Cam-
berwell ; previously of Osnaburgh-street, Regent's-park ;
and previously of Andover-road, professor of music,
'Mester. Shen in custody at the suit of
Mr. Adams, the defendant in the breach of
promise case and on her applying for her release a few
days ago Mr. Commimioner Fine refused to gent it until
she had been four months in custody at Mr. Adams's snit.
Her only creditors are Mr. Adams, for 315(., and Mr. Pike,
her own solicitor, the amount of whose debt is not stated.
No debts were proved, and of course no assignee wee
chosen. The proceedings will therefore be conducted by
'Mr. Aldridge in future.