HL Deb 09 February 1860 vol 156 cc687-8
LORD TEYNHAM

presented a Petition from the members of the Northern Reform Union, complaining of Proceedings with respect to the Prosecution of certain Persons for Bribery at the Election of Members for the Borough of Berwick-upon-Tweed, and praying for Relief. The Petitioners stated that the result of certain inquiries they had made into circumstances connected with the last election for Berwick-upon-Tweed, in August last, had in- duced them, under the Corrupt Practices Act of 1854, to commence actions against a number of persons for being implicated in bribery; that the actions were brought in the name of Mr. Reed, the Secretary to the Union; that application was made to a Judge in chambers (Mr. Baron Bram-well) by the defendants that Mr. Reed should be ordered to find security for costs; that this was objected to by his counsel, on the ground that it was contrary to precedent; and that Mr. Baron Bramwell, notwithstanding, made the order on Mr. Reed, and in the course of the hearing designated the proceedings of the Union as "nasty." The Petitioners complained that the order was contrary to the statute, and that the learned Judge had cast an unmerited slur upon their motives and actions.

THE LORD CHANCELLOR

wished to say a few words in reference to this petition. He had always made it a rule himself to present every petition sent to him for the purpose which concluded with a reasonable prayer; but in the case of this prayer the object of the petitioners seemed to be only to throw odium on the Judge. Their Lordships did not meet there as a court of appeal; and if the petitioners were dissatisfied with the decision of the Judge, they might have appealed to the Court of Exchequer. There was no Judge in Westminster Hall entitled to more respect than Mr. Baron Bramwell.

THE EARL OF DONOUGHMORE

said, he did not see why the noble and learned Lord should object to the petition. He could not admit that this House was not a proper court of appeal against the misconduct of any Judge.

THE LORD CHANCELLOR

said, the noble Earl misapprehended the case. In the event of a Judge doing anything that was supposed to be unworthy of his office, it was proper that his conduct should be brought under the consideration of Parliament; but what ha had lamented was that the petitioners, in memorializing their Lordships, who did not sit there as a court of appeal, had controverted the spirit of an Act of Parliament.

THE EARL OF DONOUGHMORE

said, he need only remind the noble and learned Lord that not very many years ago a complaint was made to this House against the conduct of a noble Earl then high in official station, and that the petition against him was presented by the noble and learned Lord himself.

Petition to lie on the Table.