The Northern Daily Times.
Liverpool, Merseyside, England, 1856-01-01 00:00:00

Ris Honour said that

casts c

wi!h, and that tl,

a been eiv

.5 oat not having, been
-, and an irregularity which ought
...lowed, inasmuch as the case being, as he consi-
dered, an unprecedented one, the proceedings ought to be
conducted in a strict and regular manner. Because be
should not hesitate to say that the circumstances were such
as he should feel it his duty to bring under the notice of
the Lords Justices in a court of appeal ; and, be shmild fur-
ther think it his duty to bring the matter before the Lnrd
Chancellor, inasmuch as ho thought that the parties con-
nected with the court were using its powers in a manner
which they ought not to do, and under circumstances which
a,ight to be communicated to the highest tribunal in
But, in the first instance, he took the objection
there was no notice of matron. The only application
upon which the court could act should be by notice of
motion supported by affidavit, and there being no fiat in the
world before the court to put in motion, he objected in the
first instance to give any reply to the application that was
made upon him. Mr. Simon was about to reply, but his
Honour.said that be had rlo locus standi, and that it was a
matter entirely for the court to deal with. His Honour then
proceeded to say that Mr. Bardswell and other professional
gentlemen in the town_ took a wrong view of the section
which affected the point at issue. They seemed to think
the court ought to be moved before it put its jurisdiction in
motion, but that Was not necessary, and he had so thought
and acted in some cases at Bristol roiig before the court seas
constituted as it now was. He considered it quite sufficient
if the court were made aware of any commission or fiat not
being in the court, for the court of its own mere motion
to issue, as it bad done in this case, S summons for
the production of any such commission, which
he begged to sty he considered ought to have been
immediately brought to the court. The court was not
moved by any improper exercise of its authority, but it was
bound, directly i knew there were records belonging to it
which were not it it, to see that they were brought and
made records of it by being placed on the file. In that
view of the law Mr. Commissioner Perry concurred,' and,
therefore, without any affidavit, but being informed that.
there were certain jilts, bearing certain names, in the
possession of a certain solicitor, and that not being denied,
the court'had, in.ithe exercise of its jurisdiction, issued the
summons for thet4 nroduction. He presumed the proceed-
ings were in Mt. tßardswell's possession ? Mr. Bardsweli
replied that he nelther admitted nor denied it. A lengthened
discussion took pldee on this point, and it appeared that the
summons served oh Mr. Bardswell was incorrect, inasmuch
ai the commission, of bankruptcy had not been issued against
Patrick Magee and Michael Corcoran, but against Patrick
Magee, who alone had been made a bankrupt. His Honour
then said that, irrespective of the summons, as an officer of
the court Mr. Bardswell was bound to answer the qorstior
of the court, whether he had any proceedine— -

not to b

be land

under, a
,ptcy lotted against Patrick Magee
Mr. Bardswell repi 3 that there could be no difficulty in
answering the queatk but he thought the court would not
object to say whether t, is male for a legitimate
obje4 or otherwise? Because heshould state to tho court that
the present application was male totally irrespective of any
matter connected with the estate of Patrick Magee, but for
the 4hject, of taking proceedings in another court, to do away
with an enquiry which had already taken place between the
client of the party on whose behalf the application was
being. made, and other parties ; and that party wished t'
use the powers of the court and its documents, not for any
matter connected with the estate. but with' the view of
bringing proceedings of a most unjust and unwarrantable
character in anot
that might ba " -
her court. His H •nour replied Olaf

e request

to the