iff. On the 31st of July, 1839, Messrs. Hansard
again informed the house that similar legal proceedings were threatened
against them on behalf of a Mr. Polack on account of some alleged
defamatory matter contained in a report of the state of New Zealand,
which had been published by order of the house of commons. In this case
they were directed by the house not to take any step towards defending
the action with which they were threatened; but subsequently Mr. Polack
communicated to the house that proceedings had been commenced without
his sanction, and that he had no intention of taking any legal steps
in the matter. The matter seemed thus set at rest; but on the 26th of
August, Stockdale commenced a third action against Messrs. Hansard, for
again publishing the same libel; the sale of each copy of the report
containing the alleged libel being, in contemplation of law, a fresh
publication of it. This was also communicated to the house of commons;
and Messrs. Hansard were again directed that the action should not
be defended. In consequence of this direction Messrs. Hansard served
Stockdale with formal notice of the resolutions of the house of commons;
but notwithstanding this, on the 26th of October, Stockdale filed
a declaration in the said action, wherein the damages were laid at
L50,000. On the 1st of November intercalatory judgment was signed for
want of a plea; and then Messrs. Hansard again caused notices against
proceeding with the said action, together with fresh copies of the
resolutions, to be served upon Stockdale. The action, however, went on;
notice was given that a writ of inquiry of damages would be executed
before the sheriff of Middlesex on the 12th of November. This writ was
executed, when the sheriffs' jury assessed the damages at L600. Stockdale
then applied to the court of Queen's Bench for a rule to compel the
sheriff to return the writ of inquiry. This was ordered; and on the
23rd of November a writ of _fieri facias_ was issued and lodged with the
sheriff, who thereupon took possession of the printing-office, premises,
and stock in trade of Messrs. Hansard. On the 16th of December, Mr.
Winsland, a builder, purchased of the sheriff goods belonging to Messrs.
Hansard to the amount of L695. The sheriff, however, had not paid this
money into the hands of Stockdale, when, on the 16th of January, the
case of Messrs. Hansard was brought before the commons by Lord John
Russell, who presented a petition from
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