The Express.
London, England, 1859-07-02 00:00:00

COURT OF QUEEN'S BENCH.

/trigs is Bras.—(Bsbn Kr. Jostles Wlsiisses
Mr. Amain MI.)

lot Qi ZVI r. TNT Pis/OP OP CNICOUTIIII.—JPDONTIT.

le thie aria me way be twarebend, a rate Wel was eh.
tea& lateig tees est& ea the moque ef Mr. 111•41,
ta.C., lad et U. imeaate a( the R. Charlie Gellattly,
el lielyeelheeeet. oaktd, ("lime epee the Bebop
of akkbeeer, to *bee MOO II by a madams Amid sot
bees, twepel)hei Ms le apples a.,mmtatke to
Wee tweets Awl weetkee awl doctrines of the Rev. R.
aeadell, rim of L'Aquila, le Jose —erbkit preview
••• &oarless were al i& t. be eostrery to the nifty-Mae
smite el tbe Chard% & fast se—pad mire la esterdesoe
el% tk• ieedeag of tbe am& of It.ww. The tale was
..died at pew length es the het &ye of YMII by Dr.
111,11,more, Q.C., lir. J. D Cuing" awl Mr. %VW& ea
WSW of tbe IWq, Red Mr. Dmlt, Q.C., Mr. Roebied
Clarke. tad Dr. Swebey, as Wulf e( the Rev. Mr.
Goliebtly.

fie chief pleb lavehei is the ervismat wens them:
I.t. The hieing; hav:ma lamed already anemia iato the
(barge epithet tie Rev. Mi. Readmit, wee it dieceetlonery
in the cmrt seder the 3rd beiliCO of th• Charch Discipline
Act to compel the Lishop to hene the comesimioa
de-
etwaded

2rellyi W it compulsory out the ruin to set it. powers la
emirs M tbe lastest, or e torte stranger—that ie. of cat
nit mellhat witlcia toe perielt of Lsvicgtut or eves within
the diorme of Cliklester

The iwlipoistof ilts!mort woo sow gives.

Mr. Jackie Hili having reviewed the arguments urged
upon the court oath* masks el the rule beteg argued, said
he was of opinkm that if Ur cam reseed solely upon the ma-
structsta to be pat apse the ard seethe of the Church Disc&
Coss Act, he should iodine to the conduits
that the court had se cllscreCon in the seater,
bat that the rule meet be mole absolute; sad he
would lean the our. to the opinion in order that the jade.
mist of the Coen of Error dwell be taken on that poise. It
was not necessary, however, to go into that consideration,
as there rearmed the question whether the complaint ought
to be urged upon the court in say particular mousse—sad
whether se in this car it wee open to an satire
stranger ts the diocese to rill upon the court to
put its power in motion. Upon that poiat his conclusions
were flair distinct. lie thought if would be ptoductive of
the greatest isconvenien-le sod mischief if the court meld be
thus moved, and that they ought not to interfere tartly epos
the spplication of a party h icing no contest*. with the
diocese of Chichester. Upon th ant short ground, therefore, he
wee of opinion that tbi rule ought t be discharged.
I Mr. lattice Wightinan was of opinion that the ',gimle-
t er. Intended that toe exercise of then power to issue a cora-
mirk a should be discretionary with the bishop. It wag
easy to conceive ewes is which neither the office of judge nor
tr proseeator would be profit at by the iamitexion of such
an inquiry as woe here demanded. A proceeding of the kind
might t rove moot vexatious, anl as only tending to intreduce
disquiet when none rousted. Before the passing of the
statute it wee quite certain that the old * of judge could
act Le mewled by any private individual without
the previove esnetios of the court, and although
the Church Disciplias Act intr.dared a new mode of
procedure, sad antlsorised the bishop, upon era or scan-
dalous reports reaching him, to iestitute • commie-
of inquiry, still he could not but think that
the legislature fah nisi the power to be !M.
duel with due ugard for the interests of the
church and the maistinaece of religious dle-
cfpline. He was therokee of opnion that the
bishop could *emcee a duvretioa with regard to lesideg •
csnuaission, and therefore th.t the protect rule shear be
discharged. He regretted that in • ease of such lawman,
the rl Chancellor and the Chief Justice of the Cosmos
Plebe, who were member" of that court whim the
rule was argued, could not be primal to de-
liver their own opinion', but he had tries eatberieed to
repot that it was the opinion of both that the rule ought to
be dechargel.

Dr. Poll.honors th.•o applied ander the let of Will. IV.,
cap. G, for the Bishop of Chichester's care.
Mr. Janice W.ghtuion, atur cooterting with Mr. Jostles
Hill, said that as the venom:ion had been Instituted by one
who was a perfect stranger to the diocese, his learned
brother end hivirelf were of opialon that the rub ousht to
be diocharged with cost..
Rule discharged secordiosly.

(X)URT OF COMMON PLEAS.

Sham at Nisi Priva in Loadces.:(BeVrelArd Chid
Justice Erie mad a Speciel Jury.)

'l GUT e. TIM s..iitti-V4•111171N COMPAXT.