On Thursday, an application was made to Mr. Justice Williams,
sitting in Chambers in Chancery Lane, to enlarge the term for execut- ing the writ of inquiry in the fifth case of Stoekdale versus Hansards, from that day to the fourth day of next term. Mr. Vaughan Richards appeared on hehalf of the Sheriffs, who made the application. He pro- duced the affidavit of Mr. Willhon Burchell, one of the Under-Sheriffs, stating that he had been served with a notice of a resolution passed by the House of Commons, by which lie was threatened with punislunent for a breach of privilege if' he attempted to execute tile writ of inquiry issued by the Court of Queen's Bench, and which he was commanded to execute on that day. The Under-Sheriffs, Mr. Richards stated, had no option--they were under covenant with the Sheriffs to execute the process of the Court. If they neglected that duty, their bonds would be forfeited ; and if' they executed the writ, they were placed in this diffi- culty—that they could not apply for the protecti en of the Court against any person who should he bold enough to interfere wit'.[ the due course of' justice, until the fourth day of next term. Therefore they prayed that the term for the execution of the writ mialit be enlarged to that day.
Mr. Chadwick Jones, for Mr. Stoekdale, contended that the Judge could not interfere. The case was a common one ; no precedent had been produced for Li departure from the general practice ; and as Mr. Stoekdale was certain of danteges, lie would be injured by being kept out of his money itr a considerable period.
Judge Willial»s thought that a single Judge sitting in chambers was hardly justified in granting the applicatioe. He eight to consult his learned brothers. It appeared to him that nothing could really be gained by enlarging the term, which merely put off the difficulty. Great inconvenience must result whichever course he took.
Mr. Richards still prteeted his motion ; and, finally, the Judge ordered the term to be enlarled to the fourth day of ant Easter term, and all proceedings meanwhile to be stayed.
While Judge Williams was the application in Serrant's Inc., Mr. Under-Sheriff ilurchell's Ccmrt in Red Lion Sleare was filled with persons anxiees to leeru what damages Stoeltdele would obtain front the Jury see:menet-1 to assess them. Mr. 1:i:in:Leff waited till Judge Williams's deel -a "as known, and then informed all parties in terestcd, who nil ale I..: in attendenee, that the terra was enlarged.
Mr. Platt, wit; nee ..red for ntee!:;dale, said- llis client was up lu Si cv.-!;:th• ; his attorney wmm locked up in New- gate; tile attorney's were lociied up, he knew net where. lie, however, came hero repreaentim, them ; and it that N1 had j.at been intimated to him Ind eot taken piece, he shiadd have en:diamad ;is Mr. Stuckdale'o
couni,l, notwithstanding all tut.: in the matter.
Previous page
