The Express.
London, England, 1851-01-29 00:00:00

COURT OF QUERN'S BENCH.

- _
griever is liewoo.—lenesaLeaaCestreetx, Illa.Jensca Perrino...
• Ida Janice Mumma; Level& James Vreaansmi.
Ti. Bahl OF AVIITIUILLSIA V. NIAIL—JVDOIIIsWr.
Lied Campbell this mom*/ 'followed jedgmeot in
this ere, and mid that the find gentian the mart had
to decide arose epos the first mast ef the iimisnition,
mod depended upon whether the defendant was Woad
by en set of the legislature of New [tooth Wales. If h.
were not so tinand, the jadosent obtained against the Bank
Of Australasia imposed no liability upon him. The act was
pried for the advantage of the bask In which the defendant
WWI a shareholder. The colonial leghlature had andsubtodUy
as sothority to regulate the mode of proceeding is the
colonial courts, and there was notbiag contrary to the law of
England in enacting that, in animas which were to he
brought spies% the bank, the anima& should be
made the decadent. A judgment recovered in such ea
action would have the same effect out of the oohs,
so it would if the defendant bad blow"( appeared is person.
No specific mall be o tailiedonthejodgmentoutoftheeolony,
Uit were sot made the subject of an onion. Themeless:km
disposed of the point of the defendant not having bees pa.
wally served with promos is the:original action; but • very
important and difficult question arose as to the promisee on
which the setion wag brought having been obtained by
fraud as the pact of the plaintiffs. There were many dicta
Of
learned judges, and the authorities of many writers, to
show that ti.e lodgment of • colonial court of the
British empire came within the category of a foreign judg.
Met. but that was only prima facie evidence of debt, sad
Wald be invited into by the courts in this country. It woo
for the defendant to show that the judgment bad been frau-
dalendy obtained. All the authorities upon this question
were 'netted together in Professor Storey's " Conflict of
Law," sod in flonth's "Note. on Leading Casa." Having '
looked tato them authorities the court thought that the plea
of tread was bad. Tile court mini ad ion ally notice the fact that
there wes ea appeal from ooknial tribeinsis to her Majesty,
who would refer it to the Committee of the Privy Council ;
and whether there bed bees as spinal In the present ease or
not, it appeared contrary to principle to allow the
gunnies to be brought before a jury. The documents span
whisk the origisal action wee founded might be loot, or the
witnesses dead, sad the defendant might be tempted to
rebore fah, Whalen,. for the purpose of proving his case.
Epos demurrer to this plea, therefore, the judgment of the
court must be for the plaintiffs. The other pointe had been
deckled by the Court of Common Pleas, in the case of the
" Bonk of Asetralanae. Herding," in which decision the
court entirely etincurred.
Judgment for the plaintiffs.

LORD MAYOR'S COURT.
Bryon rag Ilawir Hos. bruin Wien" Esc°zoo.

IMPORTANT QUESTION.—SPANISH BONDS.
WADSWORTN r STONI AND CO., o.lllllll,lllal.—Tas
tat SIX Of SPAIN DIFINDANT.

The plena is this cue had issued an ettschment against
the earn of 10,0001. in the bands of Stone sad Morals, the
basken, as the mune of the Spaniels government, hung
in an affidavit of debt morn that her Majesty the Queen of
Spain was indebted to hint in the suss of 10,0001. stor-
ing upon certain bond. *vented in 1834 by the Clasen
Regent of Span on behalf of her august daughter,
the roust sovereign. An application wu now made to the
wart to dissolve the attachment, on common bail being filed,
ea the Inroad that the ME keit the plaintiff was ineufB•
tint

Mt. Mot.tagse Chamben, Q.C., erpt Mr. Randall was
heard is carport of the objeetioas to the affidavit, and Mr.
Locke, Mr. IL)lasd, sad Mr. Weighty were for the plaistiff.

The Iteeard.r did not call upon the mama for the plata-
tiff. and held that the alßd►vit was saffieleist, and that the
attachmeat nut be held geed.