The Sun.
London, England, 1857-01-22 00:00:00

her. In the case cited from the Year Books, it was held
that " if a guardian by reason of nurture delivers the in-
Lint to another for instruction, he may afterwards retake
the infant," and this is vouched for as good law by Chief
Baron Comyn in his Digest. It might be every way
much better for this child toremain in the school atHamp-
stead, which appears to be in all respects so admirably
conducted, and we may individualy deplore her removal
from it ; but in this matter, as there is nothing con-
trary to law in contemplation, we have no jurisdiction to
determine ; and we think that we are bound, in the dis-
charge of our judicial duty, to order that the infant,
Alicia Race, be now delivered up to her mother. We
trust she will ever be treated by her mother with the
affection and tenderness anticipated by her father in the
letter which he wrote when he foresaw that he was soon
to fall in defence of his country.
_ _

Mr. O'Malley thereupo❑ rose and said he had an appli-
cation to make to the Court, upon affidavit, that the judg-
ment now pronounced should not be immediately exe-
cuted. The learned counsel then read the affidavit of
Robert Sweeting, of Clement's-lane, Lombard-street,
attorney for the Sailors' Orpha❑ Girls' School.
Lord Campbell—ls that an affidavit which might have
been read before, or of something new ?
Mr. O'Malley said it stated new matter ; that on the
20th inst. a bill had been filed at the instance of the com-
mittee of the said school, whereby the said Alicia Race
had been made a ward of Chancery ; and that, by leave
of Vice-Chancellor Kindersley, notice had been given of
an application for an injunction, to be heard at the sitting
of the Court this morning, restraining the mother from
taking possession of her said daughter, and from cueing
out any future writ of habeas corpus. The affidavit stated
that the said bill in Chancery further prayed the appoint-
ment of a fit and proper person to be guardian other than
the mother ; and that there was an affidavit in the said
suit that as soon as the mother obtained possession of
her daughter she intended to take her away to Ireland.
The deponent further stated that he believed the injunc-
tion was now being argued before the Vice-Chancellor,
and that it was intended to prosecute the sail suit with
despatch, and that it was probable the proceedings for
the appointment of a guardian would be concluded within
a month. The learned counsel also read the affidavit of
the Rey. E. H. Bickersteth, to the effect that in Nov.
last the mother said to him that when she obtained pos-
session of the child she intended to take her away with
her to Ireland.

Lord Campbell—lt is my opinion that the order of
this Court should be immediately executed. We have
done our duty, and the Vice• Chancellor will do his.
Mr. Sergeant Shea applied that the child should be
brought into court and delivered up to her mother.
Lord Campbell said he thought that would not be ne.
cessary, but the order of the Court must be immediately
executed.

Mr. O'Malley said he was informed that an injunction
had been granted, and an undertaking given not to re-
move the child from her present custody.
Mr. Sergeant Shee eaid the intention of the applica-
tion for an injunction was in order to defeat the order of
the Court.

Lord Campbell said this Court would take no notice
of the injunction. The Court had pronounced its order,
and that order must be obeyed.
During this discussion there was great excitement in
the court, which was crowded with the friends of both
parties, but this was ultimately allayed by Lord Camp-
beil's directing that the patent case of " Listery.Leathe''
should be proceeded with. The parties then withdrew
from court, and we are informed that the Rev. Mr.
Bickersteth, with some kind expressions, and assuring
her she would be kindly treated, delivered the girl up to
her mother and solicitor. The mother took her daughter
up in her arms and kissed her several times, but the
daughter, a child of very interesting appearance, looked
pale and excited, and did not at all reciprocate her mo-
ther's caresses, though she appeared very pleased to see
her brother, and kissed his hand several times.

JUDGES' CHAMBERS.
(Before Mr. Justice Coldridge).

THE LATE CASE OF FORGERY AT THE MANSION-HOUSE-

HEWITT T. MONTEFIORE.

This case, which was mentioned in our paper of Tues-
day came on before his lordship on an application for the
discharge of the prisoner, who was arrested on Monday
last, en a judge's order, for debt, as he was leaving the
Mansion•house, where he had been charged with forgery
on the Cape of Good Hope Bank.
Mr. Lewis submitted that the defendant was entitled
to his discharge. Toe defendant was discharged by the
Lord Mayor on the 15th inst., and an affidavit, dated
the 9th, was made, on which the capias was issued, and
actually before the discharge from the Mansion-honae.
Mr. Justice Coleridge said where a judge bad a doubt
be was bound to give the prisoner the benefit of it, and
he should therefore order him to be discharged. Order
accordingly without costs.