The Sun.
London, England, 1839-12-31 00:00:00

STOCKDALE V. HANSARD.

As the day is fast approaching when the Commons
of England will meet and determine a most important
point—viz., whether the recent opinion of Lord Den-
man and other Judges shall be set aside and overruled

by a resolution of the Representatives of the people, a
statement may not be found uninteresting to our readers
of the various steps that have been taken by Stock-
dale against the Sheriff of Middlesex for the pur-
pose of recovering the GOO/. damages awarded him
by a Jury, together with costs, of Messrs. Han-
sard. It has been stated that the amount was
quietly paid into the hands of the Sheriff ; but although
such is the fact, it appears not at all improbable
that the plaintiff will not receive the money, there
being no doubt that ulterior proceedings will be taken.
The following narrative may be relied on for its accu-
ra-y. Subsequently to the case being heard at the She-
riff's Court, Mr. Platt applied to the Coup of Queen's
Bench, and obtained a rule against the Sheriff to re-
turn the writ, and on the 23d of November, a fieri
lacias 'vas issued against the defendant's goods, and
lodged at the Sheriff's Office, Red Lion-square. On
the '2sth of the same month the Sheriff was -served
with a Judge's Order to return the sari facias, and, in
obedience thereto, he returned on the 29th " thin he had
caused to be seized divers goods and chattels of the de-
fendants', which remained in his hands, unsold for want of

buyers." On the 2d of the present month the plain-
tiff issued a writ of venditioni exponas, requiring the
Sheriff to sell the defendant's goods, whereupon he di-
rected his warrant to Hemp, the officer ; and Mr.
Crook, an auctioneer, of Snow-hill was engaged to dis-
pose of them by public auction. Messrs. Parkes and
Preston, in the meantime, served the Sheriff with a writ-

ten notice, reminding him that if he proceeded to a sale
he would be amenable for the consequences of a breach
of Parliamentary privilege, to which document was
formally annexed a copy of the resolution passed by-
the House of Commons, declaring th it they possessed
the right of publishing Parliamentary reports. On the
3d of the present month the Sheriff was served by the
plaintiff with a Judge's summons for him to return the
writ of venditioni exponas, and on the sth instant the
parties attended before Mr. Justice Littledale, at his
chambers, in Sergeant's Inn, when his Lordship was
pleased to grant the Sheriff an extension of time, and
stayed the return until the 17th.

On that day the Sheriff determined to sell the goods
of the defendants, and Mr. Crook accordingly adver-
tised the auction to take place at one o'clock, on the
defendant's premises, in Lincoln's-Inn-fields. On the
evening previously, however, the goods taken in exe-
cution were disposed of by a bill of sale for 6951., to a
gentleman named Nicholas Winsland. On the morn-
ing of the 17th the writ of venditioni exponas was re-
turned by the Sheriff pursuant to Judge Littledale's
order, with the following endorsement on the back of

t, which our informant-obtained upon searching the
.nner Treasury Chamber at IVestminster

.STOCKDALE V. HANSARD AND OTHERS

" Middlesex.—l hereby certify and return ihat, by
virtue of this writ, I have caused to be sold the goods
and chattels of the within-mentioned and referred to,
and every part thereof, for the money by the endorse-
ment on the writ declared to be levied, being the best
price I could obtain for the same, and I leave the said
money arising from such sale before the Queen, at
Westminster, to render to the within•named John Jo-
seph Stockdale, as I am within commanded.."
The return is signed William Evans and John
Wbeelton, Sheriffs."
011 the 20th of this month, Stockdale took out a
Judge's'sumtnons directing the Sheriff to show cause why
he should not pay over the debt and damages ; and on
the 21st it was part heard, and adjourned for farther
hearing until Monday last, at one o'clock. At the hour
appiointed, William Burchell, Esq., the Under Sheriff,
and Mr. Watson, the Counsel, attended to show cause
against the summons ; when, in consequence of the
plaintiff being unable to produce precedents of a Judge's
interference under similar circumstance's, Mr. Justice
Matteson refused to make any order on the subject.
The plaintiff will, therefore, not be able to proceed any
further until the first day of Hilary Term, which is on
the 11th of January. He may then apply to the Court
above for a rule against the Sheriff to pay over the mo-
ney ; but the latter will aave four days 'allowed him to
show cause against the same. The House of Commons
will meet on the 16th of next month ; and it appears
to be the object of the Sheriff,and those who advise him
to retain the money in his hands until it is seen how
Parliament will act. The case is certainly one of a
novel and highly-important character, and it is right
that the public should be disabused of the inipression
that has gone abroad, that the matter was at an end.