The Express.
London, England, 1851-06-17 00:00:00

FOR HALT-PAT.

The plaintiff in thiscase efaiaed arrears of half-pay, and
he issued his writ directed to " The Commisaioners for exe-
cuting the odes of Lord High Admiral," and served it
upon Captain Milne, one of the commissioner. In the
course of the term a rule wu obtained to set aside the
writ and the service of it, and it submitted to the court that
She writ itself was bad, inasmuch as it was directed to the
Salarlairser by their aggregate name, as though they
INN•iniveration, which it was submitted that they were
MSS lat if the court should be of • different opinion, it was
Hess aMendrd that the writ had not been properly served.
TMs rib was argued a few days ago, and to-day their lord-
ships gave their decision
The Chief Justice said this rub wee to set uide the writ,
and the service for irregularity, and the court had taken
time to enable them to look into the acts of parliament.
Three points were raised. First, it was said that the de-
fendants could not be sued es a corporation. Secondly,
that if they could be sued as a corporation the service was
irregular, for the Uniformity of Process Act said that
in the cese of • corporation writs should be served upon the
head officer or secretary, and thirdly that the court bad
no right to enter into the consideration of the merits of the
action, and to see that it was for half pay, but must look
simply to the process and the service of the process. Though
at the time of the argument he was inclined to think that
they ought to look at the affidavits, to see what the action
was about, yet he now agreed that the nib meet be dis-
armed, it being safer to adhere %Wig& than to
ia from it favour a sag ere. By the
=read II 0110. IV., the prisdpel et lbMajesty's
wavy wise walisind to esmerthe sod maintain, or to
&had Mims with reference Is iralawkw matters, lands,
tenements, and Isereditaments vested in thin, and all their
Rowers were subsequently transferred MS the cow Omassie-
wears of the Admiralty. The argemoth was that those
gwassedings referred to actiara4larlang. Mint
drs present proceeding being M ISM MA wet ears wt
the set It wee also said that the bet .sly embarked them
he pressed in their emperate capacity, bat AM
set empower any body a see then he Hat,
name; but the court Mil of thimble JIM they
might well be said is their adintive name. The
was eat whether the masa meld be
ss dieffy Oda ailothel slither =the poems&
ism wen .pier. It was sok as the said, disc lie the►
tiff bad pet an action which clearly was set meistMeelis,
bat whether he could sue the Warmer in their eaminnie
obesity. If they were to decide es the prime mem
that he amid sit sae, they weld deprive Ma Mind( et
bit be it iisspisee. I t was est heinme is bis *idea is
ease was perfectly Min, that Hein the piled, sit
aft to take it, Mir ht it, lis a aeon at seism It ems
Naha at what time the • was te be main The
peeper 11111111110 MIS filifflalgranaee to be ascured,and the
sa
enwthien dem might be raised spas s tag
Weyltedit, es or*Wset piesalss, wad it ami be d Jud Me theos void Om be sa oppor-
by
tunitydm it timadee • Ith it eed
iassplisse es his that It
wean be Ellis* it the sleet to say, and it we. set eight
that
p fewry sheald de se minutely, what court shield
be bee at this aims the plaintiff bed
a right to web "I am this ths asseediag ashe gamy ;" mai the iskieste mew awns ia
sod my, "It h nth a Beth action." Oa these evoneds the
appikaties whisk Mil lima made suet be sainiessesthl ;
Miles the sale bed bun maned with outs, it maw be dim-
allamed' sesh.
dber Mips manly elneerrid fa Ail Maui&