Untitled

Wellington Independent, Volume XV, Issue 1326, 23 February 1859, Page 6

Company, while burgesses wero a part of a Corporation. What interest had Mr. Lindsay? Mr. Borlaso thought a registered elector was a part of tho Constilution. "Suppose ho , is, hoiv does that give him the right to ask for an injunction against tho Superintendent ?" Mr. Borlase was again at a loss, and after some more circular arguing, (it is bocause it is,) he "carved in" oml sat down, lookiug very much as if he had " put his foot in it." ■

Mr. Brandon in reply briefly touched on the question of locus slancli and the failure of Mr. Borlase to show that tbero was any publio revenue under the Acts, aud was than proceeding to arguo as to the relevancy of the affidavits whioh wont •into the political bearings of the cnse, when be was stopped by his Honor who observed that he was there to try the cuso exclusively on its legal morits, and that if his decision would bnve the result of plunging the Province into anarchy and stopping the Government altogether, he had nothing to do with that. He would not however require Mr. Brandon to go any farther in. reply. The case come boi'ore. him as a question of law, and as a question of law solely could ho look at it. The legal quostiou ho took to be simply, whether the Superintendent could issuo warrants for the expenditure of tho publio money without an Appropriation Act of the Council. Thiitquestion he might have todecideifiheoasewontfor trial in March, but as regarded the present application for an injunction he wishod to ask Mr. Borlase what sort of an injunclion was he asking for —a perpelualone,orimel'<>r ten days? for his notice of motion did not spocify which he wanted, (Mr. Borlaso did not soo very clear what he was to ask for.) It was clear however that Mr. Borlaso had entirely failed to make out his case—he had noither shewn on Mr. Lindsay's affidavits that the latter had any such personal interest as entitlod him to ask for an injunction, nor had ho shown that there was auy publio money in tho Treasury out of which the Superintendent's warrants would be paid. The application must therefore be refused, with costs.

Wβ apologize for tho scanty oharacter of-our report of this oaae; but the argument, if such it can bo oulled, was of so disoursive a cliaraotor, and Mr. Horluse's logic was of so circular a description, as his Honor observed—and owing to his Honor's kind attempts to help the lamo dog over the style, by suggesting the points of tho case, the talk bacamo so conversational, that it is quite impossible to givo a verbatim report whioh would bo intelligible to our readers. We have therefore given tho substance of what passed, whioh is probably as much as i they will care to know.

In the matter vf John JCini/, un Attorney, §c. This was a motion for a Rulo Nisi calling on Mr. King to shew cause why ho should not bo struck off tho Rolls of the Court on aooountof certain matters disolosed in affidavits which had boon filed by Mr. Fox, and answer suoh affidavits, or otherwise as the Court should order. Oα Mr. Fox proceeding to movo, His Honor the Judge called on him to establish his right to make tho motion ac a private barrister of tho Court, on his own affidavits, and expressed doubts as to whether suoh a motion would hold good.

Mr. Fox pointed out tho anomalous poeition in which tho profession stood in this colony, entirely diflbre'nt from what it is at home, there being n 0 body of Benchors, or Incorporated Law Sooioty, to look after tho interests of the profos. sion, and purify its ranks from mon whoso actions pronounced thoni diaqualifiod to possess the coufidonoe which tho Court reposed iv Solicitors and Attorneys on its Rolls. Ho argued that unless individual members of tho profession could move in suoh cases, thero would bo no check on the intrusions or tho oonliuuanoo in the profession of mon tolnlly unfit to be olothod with that confidonlinl character which v placo on tho Rolls of tlio Court necessarily implied, Such right seemed to he supported by tho practioo of tho Court when parlies applied for admission, in referonco to which several cases had occurrod wherein such admission had boon opposed by private members of the profession, and the Court bad clearly adopted that practioo though there had beou no arguoieut upon it, from which ho inferred it was oonsiderod sufficiently established to hind the Court. If, however, the Court had doubts as to his right to apply in this capacity, ho was propared to move as the representative of Messrs, VVardell under a, power of Attorney, which expressly authorised him to sue Mr. King among other debtors of tho Estate.

His Honor admitted the difficulty of Mi. Fox's position and the force of his argumont, aud was unwilliug to oblige him to aleot iv which capacity ho should go on, lest the Court should seem to have tnialed him if a rule should be granted, and bo'should be unable to sustnin it ou the ground of his " loous standi." Too allegations in the affidavits, if not ans wered by Mr. King, no doubt were of tho most serious character and sufficient to justify the application ; the only question was whether he (Mr. Fox; was in a positiou to make tho application. It was doubtful how far even under the anomalous oirouinsfances of the colony, tho Court would be justified in entertaining Buoh an application by a private member of the bar. It might operate as a dau-

porous precedent. If the Attorney General had proceeded in the matter bo should bo incliuod to think that ho was, as a sort of Minister of Justice, so far chargsd with tho intorosts of tho profession as would justify him in doing so. Mr. Fox asked if his Honor would concur in his applying to the AttomoyGoneral for an authority to proceed.

His Honor said that was precisely tho suggestion which fell in with his views ; mid if tho Attorney-General gave such an authority it would lemovo all objections on the score of Mr, Fox's locus si&ndi.

It was finally arranged that Mr. Fox should mitko an application to the Attorney Gonoral for an authority to proceed in his uomo, and that in tho meantime his position should not be nfFoctoil by tho.delav wbioh might occur before a roply cuuld bo received.

Tho tuoliou therefore stands over till such time as tho Attornay-Gouerul cau bo communicated with.