The Express.
London, England, 1864-05-07 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
• m Banco.-IBefore Lord Chief Justice Cookbern
sod Justices Blackburn, Midler, dad 81160
mag r. THE XeCIABLASTICAL COlllllllBlOllOB.
• Hairy James moved,oe behalf of Mr. Fannie, for s
.';'',:hog upof on the Eccleaseetioal Commie:been, aa lords
‘u,e :.:Aner Preston Wynn, in the comity of Hereford,
to their steward, to show came why a mandamus
yw
not issue directing them to admit the applicant, on
';,cuient of a single fine, to certain lands which were
the manor.
;meted.

THE QUIZ% V. BROWS&
yrs Helli
sh, Q.C., with whom was Mr. Kemplay, showed
J.:Oast a rule, calling upon the governor of the gaol
i'i::!e llinhing, in the Isle of Mau to show cause
, writ of habeas corpus should not his.
him to bring up the body of Mr.
• who had been committed to the House
..s for libeL The learned counsel said he bade pry&
..r objection whether this court had power to said
of habeas into the Isle of Man. It WU
in Crawford's case, 13 Q. 8., page 613,
• i.enerally speakiog, a writ of habeas corpus
t. did
the Isle of Man, but the question now arose nadir
sad _ti Vic., cap. 20, which was pawed in coma
.c , tile writ of habeas corpus that was sent from this
4tv i'mada. That act provided that the writ of
corpus should not issue into "any colony
lareijn dominion of the crown," when them
!Awfully established courts of justioe, with
coin to issue an order or writ equal to the writ of
corpus, and enforce the due execution of the same.
:he Lord Chief Justios—This is not a colooy.
, ; it is a pert of our foreign dominion',

aL:•
to Lord Chief Justine—Yon must show it, end not
i=e
yr Mellish said the Isle of Man originally belonged to
:,abet of Atholl, and was transferred to the Crows,
wt to certain °bedtimes, the same as Jersey and
3.:ter, which originally belonged to the Dulte of
. . _

Nr. Justice Blackburn rid he thought the word " fo-
N: denoioes " were intended to distinguish those islands
i,hreltar or India.
1!. Slellish said the authorities of the island could not
F., a writ of habeas corpus, but one tantamount to it.
...e..aart had power to consider whether the commitment
;4%1 or not, and there was an appeal from it to the
-yr maned. _ . _

i;. 'Ain; Shoe said the power of issuing the writ under
;A: cases wee raised before the Privy Council in the
case.
y. Mellish then read a portion of his affidavits. from
it appeared there was in the Isle of Man the Staff of
:women% Court, which had authority to examine into
or illegality of the imprisonment of any pe
,
whine them if they considered he wee Wee ally ha-
..red or detained, its nature and effect being smiler to
• isheas corpus in England. The next question
vi,ther the Howie of Keys had power to
7. It for contempt. The contempt here was in publish.
::bels upon the functions of the House of Keys. On
.rpliation for the rule a doubt was expressed whether
gym. of Kers was in meal= at the time of the cam-
-a:. It was clearly shown by the affidavits that
were summoned to a session in November, 1863,
Itol continued with certain short adjournment
to the present time. The power of pro-
'on was doubtful. They were summoned for the trans-
..): of certain business, and when disposed of the see-
: was at an end. Owing to the coofficting decisions
te power of council in the Jamaica and Newfoundland
the last one being against him, he could not argue that
body merely as such legislative body had power
~,arrut for contempt, neither did he show soy cosiom-
;o'er on the part of the House of Keys to commit for
.:ru pt. The power of that body to commit for contempt
;e:MI on a statute passed by the legislature of the
which received the assent of the Ponce Regent on
••• P•l7.
kmptay followed on the same ride.
_ .

11:. .I..istice'Shee mad the clause in the 25th and 36th
..3cm against the lathe of the writ in our colonies or to-
-4: .:001111/0011 was limited to those courts of justice which
:.•ver to isms writs of habeas corpus.
welsby (who appeared in support of the rale) mid
of Government Court merely reviewed the dad-
of the inferior courts.

T:thout, however, hearing the learned conneel,
::.o Lord Cle( Justice said the rule must be made &boo-
n ith regard to the preliminary objection to the jam-
.. of this court to issue a habeas corpus to the
• • f Man under the 25 and 26 Vic., no doubt it was true
• i,le of Man did not form pert of the realm of England,
;:e questioa still remained whether it was part of the
dominions of the crown. He thought it was a part
...., dominions of the crown, bet not of the foreign domi-
to 4 the crows, and that court bad jurisdiction to seed a
of habeas corpus into the island. He thought the others
ootenable against the issue of the writ, and the rule
..? therefore be mode ►bsolute. The House of Keys had
.wer to commit, and the defendant was illegally in
•!.y. The other learned judges concurred,
....e absolute for a writ of habeas corpus.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
HVNT AND BURTON V. EMIT.
Ile Solicitor-General and Dr. Wamby for the plaintiffs ;
• ii. T. Cole acid Mr. J. Lloyd for the defendant.
Ite testator wu a farmer bear Blindfold, in Doreeishire,
ti be left a will, dated Jouniar, 17. 1863, by which be be-
ta:bed his property, shoat 1,000 f., to his nephew, Geom.
I:::, a baker, at Blandford. Be had two illegitimate
k !dm, the defendant and a daughter, sines deceased. By
7TeTIJUS will he had benefitted the defendant, but he had
Utak become din atisbed with his conduct, and bad made
b • .'.l in question two days before his death.
;Ile use was not quite ooseindid when we west to prem.]

COURT OF BANKRUPTCY.
(Before Mr. Commimioner Goulbern.)
:S RI SMITH—APPLICATION FOR ULLA=
The debtor in this C•••, a contractor, of Belerave-wharf,
relied his application for Wawa The facts were some-
: icoliar. Alter obtaining his protection under the
6! Causes of the act of 1861, the debtor had been arrested
:ftving the court, and the question arose whether the
c..::_swoner had power to order his Meese, as under a
atruptcy.
soloed and Mr. T. Salter appeared in the case.
P., Honour said that the applicatson was mad* under the
•cction of the act of 1861. The debtor had been &I,
notwiUutsodiug the protection given him by the
section ; and the question was whether the court
:osier to release him. He was of opinion that
.;:t had not the power to interfere with the proems
r •• ; erior court, and the gaoler ought refuse to orey an
-::.:ads to that effect. The debtor could only be re-
,v the same authonty as that by which be was
• L. 4. In the case of bankrupts, a special power of
was given to this court by the 112th section
Consolidation Act; bat there was no such special
do in the case of debtors executing
,Pplication had been made to the superior court and
; therefore this court could not and ought not to
If the debtor chose to appeal, the deposit might
the lowest amount, 101.

TriLaIiAIL—TIIIIIL4SOPOLITAN MUSIC•HALL.
..z.i was another question arising under a deed. Mr.
4in. in June last, made an assigumeut of the whole
, interest in the Metropolitan Music Hall, Edgware.
..0.1 executed the usual deed, under which •
la was appointed trustee. Possession was given,
property has since been sold to a compeuv for
•• • . Ihl behalf of • creditor who had not executed the
in..... was now asked that the trustee and a mortgagee of
should be brought before the court to be
it being alleged that the mortgages had been
- lire= the debtor by fraud and collusion.
„. • • agood now showed canes against the application.
; by whom it was made (Mr. Dobson) bad already
9Mefflogs in Chancery against the trustee. Turn-
L debtor, had been examined, and stated that two
t deeds had been executed by him, either immedi.
r -fore or after the caseation of the trust deed. This
•-• led be Mr. Pittman the mortgages, and architect
!-•• hall, who In;d• affidavit that his wort-
.

,as 'executed
iu April, two mouths be-
execution of the trust deed. He also stated
Lad advanced 1.100/. out of hie own pocket towards
of the building, and had a further claim of
f r his services, by special agreement with Mr.
under which he devoted the whole of his time
,•clvemooth to the diligent prosecution of the
to Mr. Dobson, who was said to be a journey-time
had not executed the deed, the COWS had no
of his beings creditor at all • indeed, the evidence
• • other way, for thedebtor bad not iaideded Dawn
: •: of creditors.
tour asked for the deed, bat was told that it was
_ _

. ,ourt.
who (with Mr. Martin) appeared in support of
Atloll, said that it was nude ow behalf of Dobson

said be could not take that feet on the men

of
• d would rely on the right of Mr. Dobson to make
.cation. The act of 1861 and the decision of the
.iceellor gave a creditor a clear right to have
•te auder a deed summoned and examined. No
k :ether the creditor bad executed a deed or not be

r the 197 section " bound thereby," and had all
•4 of • creditor in bankruptcy.
I. Abbrooke, as arnieue curiae, suggested that the
.:a not entertain the application without having the
s before it. _

' ',our concurred in this view, and directed the pro-
to be scut for. Unless the court had evidence
applicant was a creditor, anybody—the sweeper at
ice—might coins in and wake such an application.
hearing Mr. Martin,
H.,tiour dismissed the application with costa.

PREAECTATION Or nig OXFORD DEL kRA-
,
•Le clergy waiting on the Archbishop with the
o Lest Thursday are re•lueited to attend in their