The Express.
London, England, 1852-11-24 00:00:00

Tics *Fox INFANT*.
- -

A question was raisedthis case, whether it was neces-
sary to serve an lariat with a no ice of decree uader tee
Bth rule of the .12nd section of the statute Id and 16 Vie.,
e. 86, the words of which are, That in all the above cases
the persons who, 'moor ling to the prsseut practice of the
court, would be necessary parties to the cut, shall be served
with notice of the decree ; and after such notice they shall
be bound by the proceedings in the same manner as if they
had originally been made parties 'o the snit."
The Vice-Chancellor said, his opinion was, that it would
be necessary to serve en infant with notice of decree in
the same way so any other process of the court was served,
and if any difficulty Grose upm it at a future period, the
question could be decided when it mow!.

COURT OF QUEEN'S BENCH.-YESTERDAL
Bammw u P.Nwo —bssua! Logo Cuirso.L. Y 4 Ames Cos.'.

anon, Ma. reran Wausinise, aeo MI revises ERIN.
CRIMINAL INFOINATION AGAINST Mg. JOHN DIV MAT,
TAB POOLISHIR, FOR Ate ALLIOND LISIL ON ills
CUARLLS NAFIER.—Tnz ANIMUS OF &FINDS.
Mr. Montagu Chambers, Q.C., moved for a rule to eleur
cause why a criminal information should not bo filed ageism*
Mr. John Murray, proprietor, printer, and publisher of the
Quarterly fierier, in respect of an article in the October
number of that periodical, which reflected unjustly on the
character of Sir C. Napier. Previously to reading the
article in question the learned gentleman gave an outline of
the career of his distinguished client. to 1842 it would be
remembered that Sir C. Napier was appointed commander
in &lade Lord Ellenborough being at that time Governor.
General of India. This was shortly after the close of the
war in Affghanistan. Upper and Lower Scinde
were then under the rule of the princes who are well
known as the Ameen of Scinde. The government of India
suspecting a hostile correspondence was being maintained
between the Ameers and the Afghan chiefs, Sir C. Napier
received written instructions for his guidance, which re-
quired him to institute a strict invsntigation into the
suspected matters. lle accordingly did investigate them,
' and came to the conclusion that the supicions of the
government were well founded ; all the facts guiding him to
that conclusion were from time to time communicated to
Lord Ellenborough, Sir Charles receiving in return further
instructions from his lordship. Mr. Chambers then traced
the various incidents in the gallant general's career up to
the battle of Meaner. The effect of that victory was the
surrender at discretion of Hyderabad. Before taking
sion of that city Sir C. Napier issued • general orcirlet
joining that the strictest discipline should be observed
by the troops, and requiring that tho officers com-
manding should see that the greatest delicacy and
can was exercised in reference to the women in
the &num of the Ameers, who were to be permitted to
retain their jewels; a requirement which was so well ob-
served that the women not only took away with them all
their own jewels, but also a large patios of the national
treasure. Mr. Chambers then wool to do article, which
will be found at p. 379 of thin lindorsr under the heading,
" Art. IV. I. Dry Leaves Arse Y Egypt. 2. Speech
of Viscount Jocelyn in the Homo of Commons. 3. Par-
liamentary Papas relating to Seale, 1836-1843." The
learned gentleman proceeded to rani a great many extracts,
which, u he contended, cast unjust red false upersioaa on
his client in ninnies to the investigation into the matter
of the Amen, to the report made by him of that invntiga-
thin, and to the conduct of the troop, towards the women
of the Anseers on taking possession of Hyderabad. He con-
tended that the statement, of the reviewer were of a nature
to damage the character of Sir C. Napier both as a military
man and as one exercising • high and responsible political
office, and that therefore be was entitled to • rule.
Lord Campbell was of opinion that the court could not
interfere in this case. If there had been any passage
written with the intention of calumniating Sir Charles
Napier, their lordships would undoubtedly have extended
to him the
.protection of the court. But he could find na
thing chewing such an intention. The article seemed to
him to be an historical essay, turning on • disputed point as
to whether the Ameers of Scinde were harshly treated it
not. On that point of course the court could say nothing.
It would be, in fact, encroaching on the liberty of the prey
if their lordships said a criminal information should issue
under these circumstances. Whatever might be the case
elsewhere, we in England possessed a free press, which he
trusted would ever continue to discuss every question of 1
history, as well modern as ancient, without apprehending
applications like that before the court. It was true that in
times when the law of libel was yet unsettled, or settled at
best In • vexatious and tyrannical manner, it was • libel to
emu say officer of the crown of incompetency ; but that
doctrine was long since exploded, and now there was no im-
propriety in questioning the capability of any public func-
tionary to discharge his duty. As to Sir Charles Napier
personally, he (Lord Campbell) believed him to be one of
the most gallant, meet meritorious, and most distiagnished
officers that had ever led an army to victory; but believing
all that, sad looking to hint as one whose assistance might
be calculated epos by his country in the hour of need, his
lordship thought this application was not well founded, and
that the rule mat he refused.—The other learned judges
concurred.—Bolo refused accordingly.
TEN Qcson e. DAVITS.—ALLIOID Liam. ox Heat,

It will be recollected that to this cam, Sir Alexander
cipcklmant obtained a rule nisi for a criminal information
galena the i!efendant, Mr. Davies, the publisher of the
CAMSemises Chronicle, in respect of an article which ap-
parel la that newspaper, charging the Earl Fitehardiage
ttdr Mageoper motives in creating a batch of deputy-
Ilemessents of the county of Gloucester.
Mr. Willes now appeared ma behalf of the defendant, and
Win, admitted that the article was based upon an entire
elision, retracted every charge in it, and tendered
es to Sir A. Cockburn.
Ok A. burn said that Lord Fitabardiege would net
pm to make the rule absolute ; but, as his 10rd44 egad.
end some mark of contrition was du from the tindaat,
=lt ask the es= for auto to be taxed as between
sad moat es= le be le sews li
the
. Wilke aussaild to Ye, padded the
elle net mooed 601.—Sir A. Genkheths Maki so °New
liimikweetter was settled epos this hels.—lids discharged
by sa weet.
l'iocrrr v. JACILION.—NZI! Comma Law Paocaavga