Bygones Worth Remembering, Vol. 1 (of 2)Holyoake, George Jacob
Philosophy
Bygones Worth Remembering, Vol. 1 (of 2)
Holyoake, George Jacob
Holyoake, George Jacob, 1817-1906; Social reformers -- Great Britain -- Biography; Working class -- Great Britain -- Biography
The result of these inquiries was, that the petitioners were induced,
as a matter of public duty, to prosecute certain electors of the town
of Berwick-upon-Tweed for the offence of offering bribes at the election
aforesaid. The prosecution was instituted under the provision of the Act
of 1854, known as "The Corrupt Practices Prevention Act," when one or
more of the persons upon whom writs were served in accordance with the
provisions of the Act, made affidavit that to the best of their belief,
Mr. Richard Bagnall Reed, the secretary of the Northern Reform Union
and the nominal prosecutor in these cases, was not of ability to pay the
costs of suit in case of nonsuit, and applied through their counsel
to Sir G. W. Bramwell, one of the Barons of Her Majesty's Court of
Exchequer, to make order that security should be lodged for payment
of the costs in these actions if proceeded with. A report of the
particulars of this application was published in a newspaper printed at
Newcasde under the title of the _Northern Daily Express_, which report
is verbatim, as follows:--
"London, _December_ 16, 1859.
"Actions have been commenced, at the suit of Mr. R. B. Reed, the
secretary of the Northern Reform Union, against several persons
suspected of bribery at the last Berwick election. The actions are
founded on the 5th Section of 'The Corrupt Practices Prevention Act,
1854,' which provides that 'any one who shall be guilty of using any
undue influence at any Parliamentary election shall not only be guilty
of a misdemeanour, but shall also be liable to forfeit the sum of fifty
pounds to any person who shall sue for the same, together with full
costs of suit.'
"An application was made at chambers before the Hon. Mr. Baron B ram
well, on the part of the defendants in the above actions, for an order
that the plaintiff should give security for costs.
"Mr. Chitty appeared in support of the application.
"Mr. Rutherford appeared on behalf of the secretary of the Northern
Reform Union to oppose the granting of the order.
"Mr. Chitty founded his application on an affidavit, which stated
that Mr. Reed was not the real plaintiff in the action; he was only
instigated by the Northern Reform Union, who were the real plaintiffs.
A copy of the _Northern Daily Express_ was annexed as an exhibit to the
affidavit, and a passage was read from it relating to the proceedings of
the Northern Reform Union. Mr. Chitty cited cases to prove that where a
plaintiff in an action was for the benefit of third parties, he is bound
to give security for costs; and he endeavoured to show that in the event
of the action being decided in the defendant's favour, it would be in
vain to look to the plaintiff for costs.
Public-domain text, read in full here on John Shaqi.
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