THE BRADLAUGH PROSECUTION.

Star (Christchurch), Issue 4161, 22 August 1881, Page 4

THE BRADLAUGH PROSECUTION.

In the Quoen'B Bench Division, before Mr Justice; Dennmn and Mr Justice Wa 1 kin Williams, the further hearing of the case Clarke v. Bradlaugh, which was a demurrer to tho plaintiff's statement of claim to recover £500 penalties in consequence of his having taken his seat and voted in the House of Commonß without first having taken the oath as preacribed'by law, was resumed. Mr Bradlaugh again appeared in person ; Sir Hardinge Giffard, Q.0., and Mr Kidd appeared for the plaintiff. Mr Bradlauglj, in continuation of his arguinont, to show that the issue of the writ in the case was a judicial proceeding, quoted a number of cases to show that the dicta laid down by tho learned judges was in favour of his contention, thut the date of the writ dated back to tho first moment of the day it bore date, and that consequently no cause of action had arisen when it was issued. Mr Ju3tiee Denman remarked that the statement ,of claim said nothing about the day on which the writ was issued. It was merely stated that the act which was complained of was done alter tho writ was issued. That had been traversed and demurred to, but there was no assertion on the face of the statement of the cause of action when the writ was issued. That was only to be gathered from a statement on its top. His lordship suggested that it would be better for all parties that the decision of the point that the time when the writ was issued should be inserted in the statement. Mr Bra^ laugh said he had no objection. Sir H. Giffard said he would rather not consent to any alteration. After some discussion, the alteration was mudeby the introduction of the words " that on the 2nd July, and before the issuing of the writ in this action, which was issued on the same day." Mr Bradlaugh then proceeded with his argument that a writ was a judicial act, and that a plaintiff must have a complete cause of action before the iesuo of the writ. Hir H. Giffard said the question »bich the Court had to decide was a very simple one, namely, what was the extent and meaning of the rule of law which had been adopted for cenvenience sake. No case had been quoted in support of the principle which the defendant contended for, except in the argument of counsel. Be did not know on what authority it was described as a " judicial proceeding." It was the act of the party at the commencement of the suit. He knew no distinction for this purpose between civil and criminal proceedings. A judgment waß a judgment, whether that of a superior or inferior Court, or ia a civil or inferior caße. He submitted that the demurrer must be overruled. Mr Bradlaugh having been heard in reply, Mr Justice Denman said he was of opinion that the demurrer must be overruled. The statement of claim, as altered by the consent of the parties by the Court, stated that on July 2, and before tho issuing of the writ, which was issued on the same day, the defendant sat and voted, and stated what they must assume to be the cause of action for a penalty. To that the defendant demurred as being bad in law, on the ground that it disclosed no cause of action. After listening to the arguments that had been addressed to the Court in this case, and after having carefully examined and considered tho cases that had been quoted, he was of opinion that the demurrer must be overruled. Mr Justice Williams said that he was of tho same opinion. The statement of claim disclosed a good cause of action. Judgment was given for the plaintiff.' Mr Bradlaugh gave notice of appeal, but the case, however, was ordered to be restored to its position in the list for a trial, for which a day would be fixed.

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