PARNELL AND "THE TIMES."

Ashburton Guardian, Volume VII, Issue 1920, 16 August 1888, Page 2

PARNELL AND "THE TIMES."

» (PER PRESS ASSOCIATION.) London, Aaguat 13. " The Times " expresses surprise at. the action of Mr Parnell, and contends that the proceedings are brought too late and only with the object of evading the statutory enquiry. Messrs O'ConnorJ and John Redmond, M. P., have commenced separate actions m England against the proprietor of the " Times " for charges made against them. In the action which Mr Parnell intends bringing against the "Times" m Scotland ;£5 0,000 damages are claimed. Sir Charles Russell, instructed by Mr George Lewis, the well-known solicitor^ will conduct the case of the Irish members before the Commission. Mr Parnell's action against "The Times " will be tried m Scotland m November. The proceedings are not barred, as they were commenced prior to the Royal assent being given to the Commission Bill. Mr Chamberlain has written a letter to " The Times " to prove that Mr Parnell was formerly willing to assent to a policy of coercion, including change of venue and private enquiry m case of outrages aud the paying of compensation to those who suffered by agrarian murders. (Received Angaafc 16, 12.50 p.m.) London, August 14. Mr Parnell has now served a writ on Sir John Walters, proprietor of the " Times." The trial will probably be fixed foi October. The " Press " says, with reference to Mr Parnell's action m issuing a writ of arrestment against the agents of the " Times " m Edinburgh, that the process referred to is probably that known m Scottish law as *( arrostment for founding jurisdiction," and the object, we may assume, is to have the case tried without having to take it before an English jury, whom Mr Parnell would consider likely to be prejudiced. The following aocount of the legal procedure referred to is taken from a standard work of reference : — <• Arrostment for founding jurisdiction is a form of proceeding m the practice of the Scottish law, and it is of an extremely important nature, for, by means of it, a foreigner, or one beyond the jurisdiction of the oourts of Soot* land, who happens to have any property m that country, may be sued m the Scottish tribunals. It is a personal remedy, and the mode of procedure iB thus :— The summons (or declaration, as it would be called m England), whioh iB exouted by leaving a copy m the proper office m Edinburgh, contains m express terms a warrant to arrest adfwndandani jurisdiationeni; and when Bervedon the party having possession of the foreigner's property, Buch warrant has the effeot of attaching it, so aB to give the Court jurisdiction over the foreigner himself. This manner of founding jurisdiction is said to have been borrowed by the Sqotoh from the lawyers of the Netherlands, and it can be traced b'aok m the praotice of the Scotch Oourts for upwards of a century. In a oase, however, brought by appeal to the House of Lords from Scotland, an attempt was made to show that for this mode of arrestment there was no sufficient authority m the law of that country, and it vtbb represented to the Houbo as a barbarouß contrivance of comparatively reoent introduction. But their Lordships had no' hesitation m affirming the judgment of the Court of Session m favor of their jurisdiction so obtained. r . .. . „ JS