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.
"Mr. Baron Bramwell hereupon made the following extraordinary remark: 'This Northern Reform Union is a purity society. It consists of patriots, and surely these gentlemen will only be too eager to give any security that may be desired, if it were merely to show their high-mindedness and integrity.'
"Mr. Rutherford said that his Lordship, on looking into the case, would find that the application now made was a vexatious proceeding to throw obstacles in the way of the plaintiff. Mr. Reed was the secretary of the Union, and the proper person to sue. The Union must sue in the name of some one, and who so proper as their secretary? The authorities that had been cited on the other side did not touch the case, because the plaintiff was suing for penalties, which, if recovered, would be for his own benefit. It mattered not at whose instigation he was suing. He was suing for a penalty, which the Act of Parliament gave him the right to sue for.
"Mr. Baron Bramwell: 'What is the plaintiffs position? Is he a man of substance?'