The Statesman.
London, England, 1819-06-03 00:00:00

'roams V. HUNT.

This was an action brought by the High Bailiff of
Westminsier,to recover of the Defendant • parties
of the espences incurred in erecting beatings, pro-
tiding poll clerks, &c. for the Election of Repre-
sentatives to serve in Parliament for the City of
Wesiminster, in June, 1818. The •ctien wag fosed-
etl
on the 51st Gen. 111. which by the 53d Gen. 111.
cap 152, was con.insed till the Ist of January,
1819. By that Act it is declared, that the High
Bailiff of Westminster 'hall erect a convenient booth
for the electors of that city, and provide poll-clerks,
and that the candidate of candidates shall 'Osbert,
him Or expellees sustained for those purposes.
At thr General E'ettion in June, 1818, hustings
op. r erected, pill-clerks provided, and various otter
eaproces were incurred by the High I3sililT, for the
•coiniminletinn of the candidates. Six persona ware
pot in nnmin•tinn, namely Sir Mu►ray Maxwell, Sir
jimu.! Hominy, Sir Francis Burdett, the II -
wile D 'ogles kinoaird, Major Cartwright, and
Mr. Own,. A few days previous to the Election,
the High Bailiff address►d a letter to those Gentle-
men, ',viewing • rooming for the purpose of se.
rarigii.g the payment of the esp./nom A nitaitlog
task place, at which Sir. Host •tteudid 1. pre-
son, and sig..-11 a declaration that he was a can-

dither., and spots attended In, !hr Metre) Meta
well end Sir Semeel H. etillt, is es lie potshot they
would be respenei le tee their .hare of 'hr espences.
Mr P. Welker atten4-4 ewe she ..it of hi ej .1 Girt.
weight, set of 'were so the Iligl lie IJ, VP.
mined silent. The Major se the •am• rim *rat a
latter, stating that be was Jest • etwdld• but reit.
from the peculiar sheesiee ef the toasty as shit
c r • , and his desire to ramose 11,, „el, re of Its
feilevr.citisens, he sentild serve I. Paethevent if re.
turned by them. No person appeared /be Or P.
Minim or Mr. Douglas Kieoeird. At she tide of
the poll, Sir S. Itemilly sod Sir F. Illerdett, ir•re
declared duly elected; et din a sliert time after, Cir
9. Romilly aad tiir M. Maxwell, ;void ten-thirds
of tee 'sponse, lorerred by the H(gt H.iiif. 6;r.
Heat, the idly other of the persons pus in neinko.
lien who had admitted that they were candid. re,
bring called upon to pay his third, resisted she pay.
meet, no the ground that he was liable mile for one.
sixth of the whole. The total charge eat 9361. 10s.
The case ea the pert of the Plaintiff wall repwerted
by the evidence of Mr. Smedley, the alrety•Bailiff,
end Mr. Innwoed, a surveyor.
Mr. SCAILRT in stating the nee observed, that
the account of she espences bad been flernished le
Mr. Heat es far back as August laws het that be
was then envied le other metopes for •he benefit of
the Plane, and it often happened that *bee persons
devoted bash body and seal la the public good, they
had not lime se look into their private cnneetne, or
to pay their debts. The Leveed Ceeresel then con-
tended, that by the Act of Paella.** 63 Gen. 111.
the Defendset was liable for his pretportiett of the
eapeoces, being otwe.third of the whole, as the ether
persons who were uominated did not in any esshoee
avow themselves as eindidates, so at to come withia
the meaning of the Act.

Mr. Huai, who conducted hie defter, in perinny
bogus by taking Ihi following objectifies :—First,
that the Plain.ilf bad sot prodeeed the writ to slid
%stiff for the election of Members for Westminster,
that being the omit evidence, which the roles of lair
regelted •hould *leapt he protioced.
The Loss Cuiur Juserca mi.), that he thought tbe
precept from the tibeilff to the High lisitiff was 'effi-
cient for the present perposo.
_ _

. .
Mr. Hunt then submitted t►at the Plaintiff °sight
to have predated aa alma copy of the Act of P.r.
figment on oleic' the present wits, was founded, It
being a private and not a public Act.
Mr. SGARLETe contended that it 111111 a pant Act,
inasmuch es it estesided the provisions of a public
Art, 18th Jets. II , mistier to elections in all parts
of the kingdom.
The Loon Cat= lumcs held that it was a pub.
1k Act ; but his Lordship added, that he 'mild
make a note of the objection.
Mr. Mat nest sotimitted that the Plaintiff oeght
to hare produced the pall-book, as the best evidence
to •how that ho was a candidate.

Air. `cA sr ',footed to the pep•r which had
been pot in, sigsed by Mr. Haut, is which he heti
declared that he wee e readiclate.

The LORD Ciller JUSTICB said tint this written
declaration was better evidence thee could be fere
ousted 17 the books is qeestion.
Mr. {lent then aticireseed the Jury. necked the
case of Morris v. Burdett, which was tried le ISM,
and in which Lord Ellenboreagb bad held, that if a
man made any use of the hustings, by himself or hie
adeals, be was respontible as a candidate fer his pet..
lion of the yammers. Ilk Lordship en lhet occasion
said, that sly charges for constables, station.ry„
printing, and other espeoces, except for the beatings
and poll-clerks, ought not to be allowed. Mr. Hoot
observed, that the Learned Counsel (Mr. Scarlet.)
had had a little experience in obese things himself.--.
lie could go through all his peregrinal,ons at Lowell
and l'eterboroegb, but be would not de it.
Mr. SCARLITT.-1 I.elle paid all the bills.

Mr. Hunt.—lt may be so, hat a man is Not to be
taunted is a Coast of Justice, when he resists ea
unjust bill, that he does not pay his debt,. Ean►bl.
tent as this bill is, If it had been ditided into sit
parts. I should slot ►ave resisted the payment of it.
The Learned Counsel has tried this ease before. He
took °erasion to mention me at Yolk ; end be thew
observed, that I had done great l..jury to the coon.
try, by opposiog one of tba best men of the dey-1
Sir S. Romilly.
Mr. SCA KLETT (warmly).—What do yes ions;
Sr ? I did not my so. if 1 said say thiag, It was
this—that you had doss him all the injury yrtm
meld, by dmiatiug that you were on the some std•
with him.

Mr. Heat.—l •ever was se the NW side with Sir
S. Ritually, er yes, sod 1 never shall he.
Mr. Hint then went on to observe, net the City
of Westminster, in which the Dean and Chapter re.
coned 60,0001. • year, was the only city is t .e king.
dem where candidates were pet to the espence of the
beatings; but the maim ground of his defence was.
that there were via coodidates or this ocrahlon, and
he relied os the case before Lord Ellenboroegh
He contended, that Major Caituriakt's friend had
proposed him, and that Mr. Walker wa. as mach an
agent for the Major, as Mr. B.yce Combo was for
Sir S. Romilly ; and he added, that however roman-
tic, genetic, ware, or extraordinary the Learned
Counsel might think it, that a man should devote
say part of his time to the public service, yet that ith
resisting this action he thought he was performing a
very important and • very useful service to hie coon.
try ; and he left it to the Jory to decide on the merits
of the case. He then called Mr. Mills, a serveyer
and eaghteer, and Thomas Fleming, a carpenter, who
deposed that they had eeeee yed the hustings at the
last election, and jedgiag of the size of the former
hustings, by a comparison with that, they conceived
the charge to be exorbitant. Mr. Jenkins, a poll.
clerk, was called to prove that the poll-clerks had
received only half-a-guinea a day, bet Oil croas.esa-
asimation, he admitted that they were to receive an
additional half-gained whew the High Bailiff reco-
vered his espences. Mr. Bart, • liege-draper sad
au elector of Westminster, stated, that be h.td at.
tended the beatings ortnwbothiselort
cninmnsm,itithep at
athethewaisssea
sosber of Major carig
envies, and that be thooght the last hustings were
as convenient as the fernier. They stood 011 is
niach around, but there was not so much as ler 1.1
Mr. Innwood was recalled by the Plaintiff.; Coen.
eel, and declared that be had replarly surveyed the