The Express.
London, England, 1855-09-08 00:00:00

4

baba

o .0. IoGES' CHAMBERS.—Seri. 7.

i:a •if:EIN U. DIVAN.—NOVEL AND IMEODEANE
• • • APPLICATION.
war en applicatiou mad. by Mr. C. Volenep Laub,
s.: lie writ of habeas 'corpus, to trt ifs the defendant, sow la
...Solloway Gaol, Won the hoolvisot Debtor Coen, Mbe
Mord ander the act. The eircensettnees of the case wore of
• • miersi ettorecter. The defendant, it will 19 remembered,
Tee seorerary elan Deposit and General Life Amosistion,
end wee loefkbed at the Central Criminal Coast by the com-
e piny for embezzlement, end being ronv.cted, was adjudged
to emlitern monilia'imparionmeat, with horn .abotr, in the
ILl•Owai Gaol Wore bM Watiethn he had Merl his peti-
tion red schedule is the Iltooler 11, Store Court, ander
the Peotection Act, and obtained his interim order. Winn
the day of hoarier/ Indeed he was in prison, under hie eon-
Mace, and an oppl'estion was made to the Icsoleent Debecre
Court (or en order to brieg bim up for examination, which
o ' the chief ,ommiotioner 'rented. The froverbor of the
gaol, flowerer, refused to obey the order ot the I deem.
mimio:er, se it was not a suffierest outhori. yto him An
application was then made to Mr. Damn fdart:n at cham-
bers, for a writ of hatuse, that tt o defendant might be
brought up to he heard ow the mo•tere of hie 'athlete and
schedule, hot that I d judge relused the application os
the gr,und that it was made by Mr. C. V. Lewis o• behalf
of the insslirent. he being hi. attorney in the matter of the
iteelvent, but gave permiaoloa for another application to be
made on the part of a creditor. net present application
was, therefore made, supported by en affidavit and a state-
moat t.l the facts of the ease.

Mr. Lewis said he was a creditor on the schedule, and
aDDli•d that the defendant =iota attend the court on his
adpurned elimination, which was appointed Put t►e 13th
No 'ember.

Dlr. Justice Wines asked under what system of insolvency
Oro ease was to be beard ?

Mr. Lewis said it wet under the Protection Act.
Mr. Justice Willie wished to know whether the mutt had
the same powen to attain* witnesses under the Protection
Act as is the prism ewes ?
Mr. Lewis sotwend affirmatively, and produced the order
of the Chiet Consmissiriter of the court to the governor of
the Holloway Gaol, which he had refund to obey, and the
only remedy to get thecae* beard was by a writ ot baba's.
His Lardiship observed that the rule was settled in Mr.
Cobbett's ease diet • &deadest was not entitled to a writ of
habeas to be presser, but that as • witness he could attend.
In the present case he thought he bad power to older the
defeedeat to be brought to the wart, but not merely tor his
own bear fit, but to be eausinod as • trtnees.
Mr. Lewis said Mr. Baron Martin declined to grant the
applicatioo he bad made to him, as it was on behalf of the
insolvent, bat suggested that a creditor boil a right to apply.
Hs (Mr. Lewis) sow applied in the mincer puioted out, end
apprehended tb.t u erl &or his lordship woidd gnat as
application, so that the we might be beard in the Insolvent
Debtors Court.
The learned Judge I.:peened himself in fav:ar of the
application that a writ of habeas atigat inue tun the defend
ant to attend the court and be examined ; but before he
janted it he would consider the ear ter,aud give Lisopiniun
simply granting or nfesiag the application.