The Express.
London, England, 1861-05-01 00:00:00

COURT OF COMMON PLEAS.

(Sittings in Bowe. —Wan Lordadsl Justice Ede, and Jas.
lion Wines, Bylee. and Keating.)

lIIIP V. lIIIIVILLZ. -MON 9. ',UHL -TKO

CA/IN/L
The hearing of the areremate la these cases was coati- I
need this morning.
Mr. Lush, Mr. Welsby, and yr. Crosels. appeared for the
pleintiff, in the arm case ; Mr. Naylor, for the plaintiff is
the second OWN ; and Sir F. Kelly, Mr. O'Malley, sod Mr.
Demme, were for the defendant.
Sir Y. Kelly drew the attention of the cast to • slumber
of carte to show that • jedge of a court of record, or, as
he lidded, a judge of a court not a court of record, could
net be sued for any set dew by him in hie character of
hedge is refeneees to a Titter within his jurisdiction.
Theta as to the error in the procedure, what did it amount to?
The plaintiff Kemp said that she asked for witnesses to her
character to be seat for when she wee before the Vim-
Chancellor, but this request was refused, sad sioramimg this
acasiust to he ties it was seeking mere thaa a reissues cif
evidence, a this/ dose every day by judges of the emporia-
court& It would he monstrous to say that • dc
wbe improperly rejected evidence should be
to ea mine. As to the plaintiffs, even if they had bad
irreproachable characters down to the time they IMO
arrested, still all evil must have • beginning, end the Vice-
Chaseallor might very well conceive that the 6mm/tames
under which the plaintiffs were going to the party were
likely to lead to immorality, and therefotherefore he might
well seeped them of eviL If he did so he was bound
to punish there, and was not answerable for any error
is judo:wet ie so doing. As to there having been so
warrant of ememitmeet, the fact was that there was
a warrant,which, however— no doubt because it was informal
—the defeadaet's mussel refused to produce. This state of
eirounudiumsteswever. only entitled the plaintiffs to eve
of the content@ at the warrant ; sod not
tarZhirgere was no warrant at all. For aught that ap-
peared, tie eminent might hive bees perfectly formal
wady regular, mid the pleatilh sot having gime
I say endow, to show that it ernsinformal, the
case, he submitted, upon this *at failed upon the fact.
' Eves if there were no warmed at all, this, he sub-
mitted, although it milli% entitle the primmer to be dis-
charged upon habeas, still world give him no right of ac-
tion spinet the judge. Suppose the lad." in theism cause
at ea anise committed • witaem ler contempt, mid fagot at
the seemest to direct • warrant to be made out, but
that es • esbesqemat day he dimpled a warrant to be
• this, idtisd, would be solleisat,
=iagid be eeMlh:t present came pethetly formal minuets bad beau
some time attic the comsidtmest draws up and signed
by the Viee-Cheasellor. de to the queetion whether the
rhos err • legal plus of sosiSsmset, it appeared that it
bed blew used from ancient time as a prison ; and it fur-
appeared the • perfeet *ode of laws for its
maiwiesewee mid semiegeemat had resoled the mineliss
of th. am. harehry. If the pesos were sot a
me, thew the 17Wvenhy ardher far sissy piers
proper
Hem istesvAhry elm wen mallow hot, then, if
a purses were by mistake sent to • wrong prises, Mel it
would he • meet mischievous thing to my that the judge wee
to be fields is dams:es. Upon the whole case it was lab-
mitted that the Vice. Chancellor, having acted best ide is •
matter within his jurisdiction, was not answerable for say
error he might have committed.
The court after bearing Mr. O'Malley, and Mr. Demme,
eu the same side, took time to omeider the state.
Judgment postponed.

COURT OP BANKRUPTCY.
(adore Mr. Oseaskokeer lam)