The Express.
London, England, 1852-02-11 00:00:00

taw Ententgence.

COURT OF QUEEN'S BENCH.—TransamT.

syrri.u. an heron
At the sitting of the court several judgments. in ewes
which had beta ergo, wao deli dby Lord Campbell.
Those of /mast public Interest were the tollowing

Tan Qualm e. Pot-Locit.—Ma. RAUSDAT. EX-JUDOS OF
TDB LIVISIVOL COURTT COUST.
This w a rale to show cause why an laformation, in the
stature of a quo warrant°, shook' not be granted, carnal; on
Joseph Pollock, Req., to allow by what authority he es-
emiaed the °Mot of jadge of the County Court of Liverpool.
The ground of the application was, that when Mr. Pollock
was appointed, the oleos was not meant, and that Mr.
kamakay, the former judge, hail not been lawfully removed
from it. '1 be qaestioa the court bad to matador was whe-
ther on t►e affidavits which had been Bled Mr. Ramesh.,"
was entitled to try the question of the legality of his re-
moval by noun of a quo winnow. The point tamed oa
the emiatraciion of tho 9 and 10 Vie. e. 98, s. IS, which
enacted that the Lord Chancellor—and when, the district

was in of Ltneaster, the Chancellor of the Duchy
—should have power to remove a judge of the County Court
for "inability" or nikbehaviour." By a formal instru-
ment, under the heud of the Earl of Carlisle, the
Chancellor of the Duchy of Lancaster, Mr. Reensbay
wee removed from the office of judge of the County
Court of Liverpool for " and misbehaviour."
The court was of opinion that that instrument
was not necessarily wholly conclusive, and that the Chan-
cellor of the Duchy of Lancaster was under the authority
of the ewe of " Hex e. Warren," subject to the control of
this mart wbo might inquire into the cause and manner of
• seam The court did not expect that the instrument
of renewal should set out all the causes of removal or the
evidemee by which it was supported, and this instrument
Was drawn up in the words of the act, they were to pre-
game that the Chancellor of the Duchy had eaertired his
jurialktiee properly until the eestrary was shwa. Dot they
still thought that it was open le Mr. heashre to show that
he was renteved on improper evidense. r 'eat the cos-
plaints itialut him were net smelt as le dYpelify him, or
that his eamiset did not amuse to 0 inahft se misbeha-
viour " east the act. On ash affidavits as court would
grant a role to thaw as.. he amt. warreate, with a view
to his reeMentlea be his albs. The court was to see that
judges and ether fenetiemerise ad met exceed their autho-
ritEThe Chancellor of the Derby could may remove a
ju after hearing the party assersd, nor weld be act
wt t bearing evidence, nee had he any authority t
remove whim the sewer abeam did not amount to
"inaWiiy or asisbehniser." When, however, the party
had had a &Abhorring, when thodeleges were "inabiltyemi
nahaminer." and evidence bed Men heard, the tart
mid net intake into the with et the charges or the
ammand abeam. produced, he or this the Chimeeller of
Ms Deria mes esmetitated the jeep. Looking to the ode
dais ithe puma ere, it arra re the court =7
were naiad w air the prinempam that the
Wpentr. ellidalle nestated that the anima
• unimpenaall. end *lila bk
=in Imes aseseeni- he had Ma wag, se In a*
lagmeaViiihe eamalial et M. akin eta for asm
tempt et Nat TM aunt add set ay ant Mwe were nit
grave Mr. Resalmsy, or that he had set se•
esived=e7atianquiry, or that he hid net a [sir haw
ing, or that evidence had nut been resolved. It was sum-
theme with the allegations I. the allinite that the
media/ als, haw been regular. and as alines wlc eat
=it as shows. It was send that cm Meekest con-
e( the at the court was Meal to groat a quo
warrant in order that the reel Emits of the ease
he inquired into. But as. asset was of
that when the Chaseeige if the Duchy
had soled properly in the dinharge et the duty of
his Mee, in inquinag into charges ref " lmahllity and mis-
liainieur," and heard evidence es those charge'' the
leglskare intended that his decisios, martin thejudge,
amid be final and conclusive. Muck street had bees laid
ea the hardship of an enactment, by which the removal of
• judge sad he so effected; but when the smart had se,
rived at the meaning of the legislature in es art of parlia-
ment. Oa we all they had to do; and it wee net der am
to dealt en the policy of seek an asalensa. The smart
was at, however, of opinion that the krigabare kttterdtd
that sea **abeam as this Kush be sanded entirely
withal Thee. mom be await sunewhere of re-
meQuit judges. It esuld hardly be by
11114 aan ▪re the crown hy both hams of parlia-
ment, m ist the ease a the jed%f the separior court*;
but wee It 111111161•41616111 i by the • tare dm en appeal to
the jury ahead le seamisil ie all rams fur juke.
it was penal, ant rho legidasse weight have han th eight
that the Lied Chaseller, et the Chandler of the Ihsehy
• laremater, was as esupperent as were, alter
the ham* of evhlssee. Mdab on thethey alarm of
a away Oat judge. 14 at the remota of •
jaw of • Casty Court. alter m inquiry, the appsintineni
et his rasesseet might ht weaned hy peas of • pee
wersuere" many ease supported by dilavits, it would be
doulad wham all the bane such seacoast
might Nam coma nen fist menths, sod sash
a state of alp might he evesi pelage/ kr ware by law
ilea Ise ihe hoarsen a new lubli:}l2,.. site lease
he hie wassasse dug, Masi hie dales wia
ability ned inerty, might aka es re reread his
Wary, beelike Wag liable to amass by peaks to suits
'gaunt when judgment had been given and execatias
Mae/ The smut must look to the et the
ase. emil Ibis was that it should he Ara=
Chesseller et an Chancellor of the Dray et Lemarast to
samerve a judge a a Comity Cant Ist inalslity or anista
hafts. The natural eastrustisa if this Maguage was
Mat these ficatiewies might anew without appeal tor
"1•4191 ft se misliehaviewr," if whisk they wee em &
lead thejape. lie appeal had ban enpaaralven. eel
ha dm emit new Is 'semis ase as appeal woad be was.
same the temans legiamien, and neiesniketheemelves
to the einanstisn et eels et pediment Kr P. Kell is
moving kr the rale, relied ea the are 4 the "Qum v.
Owen ' bet that was me tainan in this isatiasse der ft
was the ere of the rasa et In tank a • County Cart
for "inability and isidiehnienr." when it was shown that
his °sly " Lability " was his ma being able to Bauble
deka. Esas WM an • clam 4 ear whisk aisied re
the seased stinalt clerks by inankenle i bud
ea the Lard .-reikr et the Chemella th=
of lamearar led any the of rensend peesemed by
heseaseds yet me ass been the resssalen
• pada clerk,
resiened by en impabentsila et i
after ,
_et
aria narks had bean Wye% and In which widows led
bees Mad. The ale of "Ilea v. Wanes" wee net re
that easel. Lai Illanashl Mies used ea awake wkieh
is anti now adapted? "Thad me seek remora esuld take
pleas without the parties being salpeet to the eastrol of this
mart ;" bat at the seise time they did ea Oink that they
add Waite law the eases of reurnaL The
mart we 4 *Wes 64 the essislimilen of the
sat oesisaded kr he applying kr the rde was
ea maisimM either wia Oa* or . and till
sacra aka is the prasediew was riga ea fns said
been nie. Sir I'. IGdy emakined aft libitum the
anew swami Kr. Bartobay selgialled la • asaseal as
On eViittifshit hie sadist in the ens a the annatel of
114. the ease of • amnia, in Limped, ether
dumps are ear eseleined in that nismielal wen
Weight keweed. Mut essh an inquiry to be ma
dared an ibles=ries only if mama Weds% eel net
einiked by raw hat should be esatesied a •
ask awaispena re that Midi was seared by rhe beadas
stem len arena woes dean, with as anted if a har-
diest with s view to Ms Ming -disbarred. h eel
lesed by Kr heashay the as amps spina bin were
ea fully hand.. Medan eemplaiat wa, ant eller the M
way was dead the sonenes et ream& wee psemenasul
without WON aides te Mi. Ressalay rake en Ma to
sheer awe why he sisal& BM be amend. Mat the hlr
lakeense was that it was demi, aid that the Chaseeller of
the Dusky only teak time te .welder hie judgment. Lem
a al, it was mid that the judgment ma vitiated
Laeprivate of as MU" etdna Lord Oak. to Mr.
y. wee libey w
given to Mr. ]Leafy In use that leThroughtter as hi choseas,
it sad not have been latrdd to vitiate the proceedings
eta seen if re,, bat was only meant to mitigate the
in pain ilieled an essamse, which sentence was comb-
teat with M.
Oa • man might have many valuable
quake, and be as andebie am is print, life, and yet be
renewal ire " inability ad misbehaviour " from the aim
of • judos. The rule wadi Iterelen be refused.

Ca•as e. Porretz.—Conev Kamm Jvansatertorr or rue
Surname AND Coeur Couars.
This wee a maratien as te whether. la ea salsa far • seas
to aid& the feridimies errarrep sense applied. .e
la thumped°, ewe swell be vases eat when the parties
lived *meaty mike apart. The lOUS IP= Keyed= that the
ewer wet eat le sea ems gem a eseeerreatjurinlie-
Ilea M its seperier IMMO. mad dot web ware recoverable,
thee esiwailleghtig*dee sapreessil_W the Oman of Coat.
ram P" awl =left lase a dairies ell the Court of
Embegwer.
lIIITIONISINO Or Ma. domes PATTNION.
It Mend less Maimed ire ea Mame to Mr. Janice
Palma weld he Nash, by the Airerweplieseral, on the
pert ef the beie, en this. the het wwwilwa af hie occupying
a eget ea lite beech, at ea awl, bier thins was a large
wee* et letehtere, mid Wag is the Esp e greet
number ef slesegars. amen wham mei several the
Wally et ate Nana judge.
At the risks ef the inert,
The AtlenterGeareal mid—My lards, ea basal of my
beedwea KIM bar may I crave permission to emus a few
weeds ef retro to the harmed Julie The h about le quit
this avast. Mr. hales Petunia. I use dieggal by my
beverree ef the bar to mem, to yes *sir semsee regret
diet they tee yea Ilse the lest time ea the beady are which,
fee mewill yews, yea have occupied aced with infinite
\eager le yileesel& awl to the sabeanded ardishetion of lbw
we are about to lees you it will eat perhap
retab ree As we
me to offer, aft vowel/am' le pee b tw
calve, fM aysemis• of the emus et the swim prehmisa.
that the Mil and sacred duties ef the Judicial
etch we. sever non faithfully, mere honourably, et mere
ably disobeyed thee by yen. Though we Imre yea, your
=will shyer linger fa • piece with white we are
y INSoOlood to solloloto the ot many
pumas when we have been simmiessii to metre. Tee,
.emery wok b e disrisbed by elk eel ugly ea account if
that met Mmes. by *Welt we heyeell pelted, hot front
the reeeneebames yea Wiles bee K jwitiee and
bared et witch oIiONNI lora look lelelibility of
peeve le die amigo* of
bpi Wa yaw dadsdoila. and of hat
4611611116 maim,
ilia hr usi,enbe whether we Loay vs.
mewl thejedlge. mei. Tea rry wou
boo redreftwel the empect. margetise,ca and theith ander-
/1y idloothoo Kersey member grille preilimiem We regret
lot asmisegasse edema falbwrigg. awl the appealwouion
thee it might htesellate ibis iss disdkaw ef your
fluss des mod yes be ttdYmwlwo your