The Express.
London, England, 1858-06-14 00:00:00

COURT OF QUERN'S BENCH.--Jums 12.

Mtteage is Beaoo.—Bata• Lewd Campbell sad Judas
Colerklge, Re* sad Crompton.)
TN[ BIN 0. J COMM Or LIWISTUUII:III2.-CMCMCN

RAT'S.

This was • role for • certiorari to bring op a distress
warrant leaned by three justices of Leicesterehire, mein
Joseph Moseley for It. 16.., being the amount of • chinch-
rate leen! upon him, which he had refused to pay, in ceder
that it might be geisha& It appeared from the affidavits
at which the role wail granted that when the see asp
hidere the justices None ley ma he objected to the=
the red of he illegality, and was prepared to
that polities ha the proper court, and .upon that ground he
ecalesied the owner was taken oat of their jurisdiction.
The Aitken asked him to state his legal objection. to the
role, bat he declined to do so because they had no jurisdiction
to decide them Th. justices then said, if he did not they
would kegs their warrant, and be therefore among other
objections stated that the chairman of the vestry meeting at
which the vote was agreed to refused to pot an amendment,
which bed hem properly proposed and seconded. The
howeverinit that he did not dispute the legality
of the IMO beta hae, end issued their warrant.
114. Illemaglay. in now showing canoe against the rule,
Mined to the affidavits of the three justices, who said that
they duly considered the allegations and objections of
Neneley against the validity of the rate, and same to the
oaraelosion that they were not made in good faith, but were
put forward by him merely ea • pretest for avoiding the pay-
ment of the rate.

Lad Campbell—They dl not deny the trnth of the state-
smen! la the afEdavits on which the rate wadi granted, and
which show, I think, that be had bond die objections to
Ulfb NAIL

liacanity—The question ls, whether the good faith
of the allegation el Ms Intention to (timpani the validity of the
rate is not a fact to be determined by the justices.
Lord Campbell—The man appears to haws before this paM
the church rate regularly, and time is a church rote to which
he avers very serious objections. The affidavits., which are
unanswered. seem to me to show that the two might be
reseonebly questioned.
Mr. T. Bell followed on the we aide.

Mr. Mellor having been heard in sapient of the role,
Lord Campbell said the 163rd Oeo. 111. authorised juatiose
to grant *distress warrant on the non-payment of a church
rate, but sestina 7 mid that they should forbear to give judg-
meet in a ore la width the party disputed the validity of
the rate. The mites a, therefore, had jurisdiction only whirs
the rate was undisputed ; and if the rate was bona fide dis-
puted. they had neJterlethetion. mmaidered that in this
mow there wee se esker for the justices coming to the con-
etheion that the eldetelons to the rate wen not made bona
Ida. All the evident, wee the other way, and the justices
wire not the coordodos Judaea ci whether a rate wee disputed
bond dos. Aitheugh the justices itt the present instance
acted no doubt basoorahly, it was capricious on their part to
pay they did est believe that the party objected in good
hilly end therein, the role must be absolute.
Tha other jaw beluga( the same opinion,
The rule wee made absolute.
ILITIMIIMET OF MP.. JUSTICE COLIRIDGE.

It Wog known that Mr. teaks Coleridge would take his
seal leave el the Mash to-day, the court became densely
wowed leverdle the Milemeon. The noncoms of barristers
weer
eitem the *pa ever witnessed In thia smut on •
OCCIAIL They nearly filled every part of the build-
ing, mad only • limbed number of the non-professional public
wereable to dad accommodation within Its walls. Shortly
ober two o'clock • slight pause occurred In the business of
the court, and Lord Campbell easing the Attorney-Oeneral,
whit had only a M skates previously entered and taken
his mat among his learned brethern in the centre of the front
row, called upon him " to move."
The Atteraily-Oesentl then rose, the whole bar rising st
the some time, sad said—May It pima your lordships,
Mr. Justice Coleridge, the moment has now mired
when I am celled apoe to discharge the duty of
sampling to exprem to your lordship, in the name
of the bar of England, the sentiments of regret with
which we have learnt that yen are about to quit the
Maks which you have for so tom a time occupied and
aimed. Three sod twenty years have now elapsed sinus
yam lordship was mind by the well deserved favour of the
mown to • seat upon that beech. Throughout that wrestled
period your public life Ma been distioguisheiby that diguiry
and suanined eureka of high judicial conduct which have ren-
dered', may of our predecemors il 'notions, and have won far
the of the law la Me court the respect end
modidease of the people. But, my lord, it is more especially
*the maabsrecitheltar that your long and eminent judielei
career has exhibited • blight example of the display of ell
those attributes which beet become • judge in the discharge
of kis many duties. To • clear and powerful intellect, to
Mpg end mnallatkatil learning, at once acute and profound,
to as saamirlsi end patient assiduity end attention, your
leedship bee saw added the imtimabie and scarcely leas im-
portant qualities of unvarying courtesy of tkaneenour even-
ars et temper, and kiadlisem efintert. My lard, is bidding
you farewell, we rejoice to lad that yOur country will act be
altogether deprived of mar havahmble esrviose, end that
your well-tried abilities end maims. may yet be called
into action in the Mina of the moverena. bat, my lord,
whether you shall modem to dedicate year elate to the
Y
good, or Men seek the enjoyment of that reptile to
whisk the labours al • long and metal Mee well attitie
me, be aoseted, lord. that cm your titiremeat teem slat
bona yes will tarry with you the rapeet, Me rose* end
the mama of mum member at the bar, zed *sir dame end
eermet Mama yem health. ptomain, andkapptessa
Mr. Jetties Oaleridge, whom lellOika INS MI mist that be
wee enable Is speak same lestasate, retrested the bee,
who bad romaked steediug, to rams *or on sag, Is
Ildtatiir ammo Attermey-Omerell and madmen
et the bar, amyl my kindles timab for this moat anal-
tyke, leakiesay of per reglad. I wish I maidd. Mel that
what Imp hum sell were as strictly just as it is sisnwhatly
kid; MO this cannot be, I will not deny myself
the plumate of that to some extent I hale turned
the geed 'plaint of Um bar. I should be an-
pastel, lade* if I doubted the *Marin of such ••moose-
am of kW lestimalie se have attended roe in every step
toms& my This, geatirshea, the close of the
whole, so he so elegantly, end so touchingly to my
heart, pat by the 'bend Aisne,-General, will be grate-
tally remembered by me se kap me I live, an it is a great
=altte ma, ahluagh it somewhat trial me at • .ry
o ; for, pailessa, you will readily believe that
lam make the intellement of very oonilictiog tailings. I
bops end taut that ure modelle& to retire helots -I
es
rtatto do so by dolmen or infirmity will tarn out
t nawiesly se II certainly has not been hastily
takes. It hes been her Ilitiesty's pleurae to summon me
to her Privy Council, which will give me still some Mikis!
IMpisyvaset, sad I do sot think it right to shrink frosa
M
eimelee babg email within the manses at my strength
ende4ok, ; but I bawd to Ample mat, with • dean
at eaaatsal at thee of life, and after too many years
of Mbar. sad I e sageriy the prospoct of rota a-
=jpeasalle whisk were the delight of my youth, but
bead loweret.ampitible with the milk of our ab-
mtbileg gentiamen, with ell three circum-
stantial Cietylikmmited, I may be sacuud from saying that
it is a way mks thee& that I an now- la SO
Mei 11111111 MO dbaslipti habits sad break up argeo
slakes damn 40 yeme—babits end esesciatiam "Mk
Lai::l ow fo impaisliy intertwined with, one
Weems • part of, my very Datum It is a scams
thought eat I ham count to the seat of my plietionel
teem, end the whole responsiMan ot tong
MAIM
noires Maw to rim ap at sate beam me with the allestlen
Mat ea negloot d ditty tea mow be amended, no brae& cd it
emaked. At this mesteat, tee, whether I will Of no, ley
=recalls • long at tam& sad emateire with
11 haw laboured- within these walls, who haw,- pared
dem beihro
our sad whom ia the owns d nature I matimesittalbee keg to alter. Gemismea, I arum yen it ie
,• mildenkleythengla that I at to part *eft ma. I em well
resells* with whet miegivags I hiek my eat he the dace