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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"

Hansard to publish their reports was
no justification to them for publishing a Parliamentary report
containing a libel;" and Stockdale obtained damages, which were duly
paid. Stockdale, encouraged by this success, when, in spite of the
result of the late trial, Hansard continued to sell the report, brought
a fresh action; but now the House forbade the publishers to plead to it;
and, as they obeyed the prohibition, and forbore to plead, the case
eventually came before the Sheriff's Court; fresh damages were given,
and, in obedience to the writ of the Queen's Bench, the sheriffs seized
Hansard's goods, and sold them to satisfy the judgment. Lord John
Russell, as leader of the House, moved to bring to the Bar of the House
all the parties concerned in the action--the plaintiff, his attorney,
the sheriffs, and the under-sheriffs. He was opposed by nearly all the
legal members of the House except the crown lawyers, Sir Edward Sugden
especially warning the House that "a resolution of the House was of no
avail in a court of justice;" while others taunted the House with want
of courage in not proceeding against the judges themselves, rather than
against their officers, which in this case the sheriffs were.
There could be no doubt of the importance of the question, since it was
no less, as the Attorney-general, Sir J.


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