The Sun.
London, England, 1851-11-10 00:00:00

IRELAND.

ACTION AGAINST THE CHIEF SECRETARY..—The
the World
from Monday last, came before th Court
case of James Birch, proprietor of news-
paper, v. Sir William S • .urned
_
omerville Bart.
Bench this day. An action has been broughtQbeyeetnh'es
plaintiff for 7,0001., claimed as a balance dee "for
work, labour, and service rendered by plaintiff in sup-
port of the existing Administration, at the instance
and request of the defendant, from the 16th of July,
1848, to the 16th of January, 1851,"
including a
charge of 3001. for copies of the World, supplied and
distributed, as alleged in the declaration. The de-
fendant required that such a bill of particulars should
be furnished as would enable him to proceed with his
defence ; and the question was fixed for final decision
this day, when the Lord Chief Justice and Judges
Crampton and Moore took their seats on the bench.
We subjoin a brief report of the argument, which
terminated iu the granting of the application made by
Sir William Somerville, and the staying of all fur-
ther proceedings in the action.
Mr. John Perrin renewed his application on the part
of the defendant, to the effect, that a bill of particulars
should be furnished by the plaintiff, in order that the
defendant might be made acquainted with the species
of demand made upon him.
Mr. WHITESIDE, Q.C., and Mr. M‘DoaTouGu, Q.C.,
severally contended that a bill of particulars had been
furnished, and that, in compliance with the order of
the Court, an amended bill had been furnished on the
day after the application on the part of the defendant
had been made. Those Learned Gentlemen cited a
great many authorities and cases to sustain their vie w,
after which
The CHIEF JUSTICE delivered judgment to the
effect that, on a former day, an application had been
made by the defendant demanding to be furnished
with a bill of particulars, but, in consequence of some
informality in his affidavit, the Court refused the
motion with costs, giving him, at the same time, an
opportunity to amend his application, in conformity
with the Act of Parliament, in order that
the motion should come properly before the
Court. In the first instance, the Court was of
opinion that the bill of particulars furnished was per-
fectly illusory. An amended bill had been since
furnished, which in no essential respect differed from
the first, and Mr. Justice Moore, who was not present
in the first instance, quite agreed with the members
of the bench who then presided, that the original
and amended bills were perfectly illusory. The Court,
therefore, were of opinion that the application of the
defendant should be allowed.
Mr. PERRIN—And all further proceedings stayed.
CHIEF JUSTICE—Yes.
RESIGNATION OF Mn. COMMISSIONER CURRAN.—
Soon after the opening of the next year, Mr. W. 11.
Curran, Q C., for many years one of the Commis-
sioners of the Insolvent Debtors Curt in Ireland, is
to retire, according to the arrangement for superan-
nuation made in the new Act for the regulation of
that court. After that time Mr. Baldwin, Q,C., will
be the sole Commissioner. All the circuit business
heretofore discharged by the Insolvent Debtors Com-
missioners has been transferred to the assistant bar-
risters at quarter sessions, and the duties of the
Commissioners are confined to the Central Court in
1)04.