The Express.
London, England, 1861-02-11 00:00:00

No!eitt qiecuir.

Mr. Justice HILL sad Mr. Judea KZA7lllo—North Lama-
,hlre, gsturday. Fels 14 d Ilha On lb at Lancaster. Westmore-
land. Weleesday. Feb._ gIIA Agekby Cumberland. Friday,
Eels 22. at the city of QM'S.: 11kItthumbeeland, Wednesday,
Yeb. V. at the Castle of Nenreasilespoia Tyne Town of New-
castle opowTyse, same day, at the 61111,,ha1l of the said town
Durham. Saturday, Mardi?, at (hr Castle of Durham; York-
shire. Tturelay. March 7, at the Castle of York ; City of York,
same Jai. at the G.dklhall of the said city ; South Lancashire,
llittraLty. March 21, at lAvarpaoL
OXFORD CIRCI'IT.
Mr Justice Bucaacam and Mr. Damn WlLDlt—Berkshire,
Thorwlay. Isl.. it,. at Reading Oxfordshire, Monday. March 4,
at Ottani Worcestershire, Thursday, Marsh 7. at Worcester
City of Worcester, same day, at the city of Worcester; Stafford-
shire. Monday. Marsh 11, at Stafford: Shropshire, Wednesday,
Marsh •...^), at ahrewshury. . Herefordshire, Monday, March 25, at
Hereford. Monmouthshire, Thursday, March at Monmouth
I.lousestershink Tuesday. April 2. at Gloucester; City of Glom
cem,r. same day. at the city of Gloucester.
CIRCI IT OP THE PRINCIPALITY jir WALLS AND

COUNTY iAi.►nVs of CEE9rI:R

Mr. Baron CNA/MILL sad Mr. Justlee BTUs —North Wales :
M.ottounery•hlre. Wettleallay, March 13, at Welchponl , Merio-
nethshire, saturday. March Id, at Bala; Ciumarronahlre, Tuts.
day. March In, at Carnarroo; Anglesey, Friday, March 22, at
licaumarls Denhishshire, Monday, March 23, at luthln , Flint-
shire, 1 hurslay. March ra, at Mond. Cheshire, Saturday. March
30. at i heater South Wales : Pembrokeshire, Saturday, Feb. 23,
at Ilarerfurdwest . Town anal County of Itayerronlwast, same
day. at the town of Barerfordsest Cardiganshire, Thursday,
Feb 2.5. at Cardigan . Cartnartbesabire, Monday. March 4, at
armarthes . County of the Borough of Carmarthen. WWI day.
at the bonnie* of Carmarthen . Olermargaishire. Friday, March
11, at 'manses: Brecknockshire. Thursday. March 21, at Brecon,
litadnorahlre, Wednesday, March M. at Trestelipx

EQUITY COURTS.-713. 9.
(More Vim-Chancellor I* J. eitt/A)
Tlll NADAWLII OT BVTI V. MART.

The Vice-Chancellor to-day delivered judgment in this
case. which came on upon a motion by the infant plaintiff,
the Marquis of Bate, by the Earl of Harrowby, his next
friend. for as injunction to restrain the defendant, Colonel
Crichtoo Stuart, from further proceeding with a petition to
the Court of Session in Scotland, end from instituting any
ether proceedings in Scotland or elsewhere without the leave
of the court. It appeared that by an order of the court
made in February. 1:460, the defendant, Colonel Crichton'
Stuart, General Stuart. and lady Elizabeth Moore,
were appointed guardians of the infant plaintiff,
the Marquis of Bute, during his minority. In
April, I irk, Lady Elizabeth Moore removed the
infant plaintiff to Scotland without the leave of the
court, and in the following July Lady Elizabeth Moore was
removed from being • guardian of the infant, and was
ordered to deliver him up to the custody of General Stuart.
It appeared that various proosedinp had subsequentlytaken
place in Scotland with reference to the guardianship
of the infant plaintiff, and that an appeal was pending in the
Howse of Lords, and the present motion was to restrain the
further prosecution of such proceedings pending the appeal.
Mr. Bacon.Q.C. Mr. Malins,Q.C., Mr.C. T. Simpson, and
Mr. Hothouse appeared for the several parties.
The Vice-Chancellor said—A conflict of jurisdiction
is any rase is an evil: but in a matter so important
and delicate as the guardianship of infants, such a
conflict is a calamity. It is the study of this court to pre-
vent such an evil In prowtion as the power of this wart
exervised under the Great Seal is enormous, so it is the habit
and duty of its judges to be cautious and careful in its exert.
cite. The system on which this court manages the affairs
of infants is a benign sod kindly system. It prevents, and
where it cannot prevent it moderates and soothes all
angry dispositions. The property of infants is
never more unrightemady squandered than in
resetting angry quarrels as to guardianship. Thu
Beat object is the benefit of its wards, and this court
knows so jealousy oo matters of jurisdiction which an in-
terfere with the paramount duty of securicg every bees&
which its wards can obtain from any other quarter.
Between an English jurisdiction and • Scotch jurisdiction,
where the courts of both countries sit under the authority
of the same Sovereign of the United Kingdom, it is of essen-
tial importance that an harmonious action should prevail,
and that all °milieu of jurisdiction should be avoided.
What seemsextraorilinary in this ease, and what has not been
satisfactorily accounted for, in that the defendant, Colonel
Crichton Stuart, whose name appears as an active litigant
in the Scotch court, seems to be • reluctant and helpless
actor in these proceedings. All the orders of this court
were and still are approved by him. His counsel ea this
occasion are instructed to say, and have properly said, that
he has lest all his assistance to carry the order of this overt
into effect, but at the same time be is advised that he must
claim to be allowed to proceed is Scotland in defiance
of the order, of this court—orders which he believes
to he for the benefit of the infant—but which his
Scotch advisers tell him it is his duty to endeavour
to set aside by proceeding in the Scotch court. I cannot
doubt that it is the duty of this court to interfere by its
injunction to relieve him in this state of perplexity, and
to restrain him and his advisers is Scotland from further
litiptios pending the appeal to the House of Lords. This
exit aunt permit itself to doubt that the Scotch court
and those who are erring in these procesdinos in Scotland,
will recognize the order which I purpose Bowl* make. The
of that order is to restrain as indecorous 171:17consistent with the dignity of this court, which acts
under the authority of the (treat riesl;toexerche eta power for
say other than to forbid • cost inuance of such • con-
tent till tiCrsapreine peer of the House of Lords shall
have settled the gnsstis.. Lout Moe, in the case of
" [weedy v. last of " (2 Swans.. 323), said, with
mehrease ie rinse if this Ida& " It will be difficult to do
MiciaWeis the inures Is Zoete,' aid the courts in Scot-
madl the courts in Scotland aid the courts in England."
Earley esihramael lawyer will concur is the wisdom of this
henipent view. It is the view which forbids the conti-
nents of a misebievous eobeict. This court always enter.
taw, as it intoned to entertain, a tender reelect for the
authority of the Court of Session. Its judges are owe
stews distguished learning and ability shed a lustre on
their country ; and they have is this matter done their
haat to administer that system of law which it is their
duty to uphold. This court, on au applieation hire
the parrot, ought not to withhold whatever maistiume it
ma give to maintain the dignity and utility et that mart,
by restraining the defendants in this suit fran
or being made instruments to continue, to make it theorem
of worm, than useless contentions. On that principle it is
that I minuet refuse the present application to restrain the
delendaat, Colonel Crichton Stuart, and still more his ad-
visers and agents, from continuing the contest in Scotland,
when the nominally eouteodiug parties have really no ad.
verse interests. As the real estates of the Marquis of Bete
is Scotland, and his rights and interests is them, must he
properly governed by the law of Scotland, it is sot proper
to extend the injunction to proceedings regard* them.
In other respects the injunction must go secordieg to the
prayer of the bill till the further order of this court.
COMIZIT r. WoOD.—ALLLUID roust riresintorneter.
This was an action brought by the plaintiff, Mr. William
oahbett, whose case has been so frequently before the
various courts of law. apinst the defendant, an attorney,
for false imprisonment. The defendant pleaded sot guilty,
and justification.

Mi.. Knowles and Mr. Gibisoos were counsel for the plaintiff ;
Mr. Hawkins represented the defendant.
The complaint made by the plaintiff was that the de-
fendant had mused him to be arreeted as a spies ad intl.
facieodurs ow the sth of September, 1566, and ha had bees
imprisoned from that dabs in Use spasm.
The plaintiff failed . to establierlri.l.case, and Mr. Baron
Martin proposed to duvet a unseat, but Mr. Cobbett per-
sited in senderiag a bill of exceptions, so the learned judge
directed a reediest for the defendant.
Someasamment was created in court whoa, on Seale, the
oasis wise hmi 'eroded the plaintiff, and who bad been
served migli • embpsona in court, refugia( to give his evi.
dew mill is ems paid his expeassa, Mm. Cobbett crowd