The Statesman.
London, England, 1820-01-13 00:00:00

LAW IIitiLLIGEIVCE.
COURT OF KINOIi BENCH, JAW. 12.

WESTMINSTER ELECTION.
• evt.i.zre v. NOILIIIII.
, This was an action brought by the plaintiff, a respect-
able inhabitant, of the City of Westminster, rcsaliiig at
Knightsbridge, against the High Bailiff of IVestreitister,
to recover a compensation In damages for a malicious re-
fuel of Mr. Cullen's vote for J. Cam Hobbouse, Esq. at
the late Election for Westminster.
Mr. BLACKBURN stated the ease to the Jury as one of
considerable importance, not *ply to his client and the
Electors of Westminster, bet ether eitiesami parts of the
kingdom. It involved the question, whether a mss was
to be deprived of his elective franchise for the outlay.
meat of his parochial rates. The facts were these :—AI
the Election for a Member to serve is Parliament, after
the death of Sir Samuel Romilly, the plaintiff attended
at the beatings as one of the inhabiters* of the parish
of St. George, Hanover-4quart. and tendered his vote fur
Mr. Holiboase. His vote wash*siel ea the F reuud
that be bad not paid his rates. The plaiiali being re-
jetted in front of the hustings, west rotted to the High
Bailiff's box, where be asserted that nodsieg but par-
tiality could induce the Deputy High Bailiff to reject hie
vote, as he was sot aware that Isis rates bad been de-
manded. The Collector hod sever called upon kitv e
ioilt
did sot know that nay deemed upon him bad been
and if he owed the Collector any stun be was then reedy
to pay. He pulled Bank-solos out of his pocket for the
of paying the W inter, who attended the hest-
lags, but he resolved pis other sadefoetion than a state.
meat that his vote could not be received. Hering
been rejected twice on the same ground, he retired
without being able to give his vote. Upon this state-
ment, Mr. Blackburn contended that the plaintiff had
sustained a severe injury. He had been deprived of his
elective franchise by what the Learned Cestasel iirsciibed
to be partiality on the part of the High Bailiff. Ile
cited a Dumber of decided cases, to prove that the non-
payment of rates did not disqualify a voter, but relied
chiefly on the Shaftesbury case, in which a Select Com-
mittee of the House of Commons bad decided by resolu-
tions, that the son-payment of rates was no Marian-
chisement of a voter. He Assisi. prove that the Cel•
lectors of poor-rates attended on the hostiogs to object
to voters, whilst partiality was felt with respect to the
voters in the interest of Mr. Lamb. He should prove
Commissimser Fraser, of the Navy, residing at Somer-
set House, was permitted to vote, although he did sot
pay scot and lot, and was sot entitled to vote by the
Act of Parliament. In the coarse of many efforts made
4y his Learned Friend (Mr. Evans). who was Camped
for Mr. Hobboase's Committee, to get the rejected
voters admitted upon the poll, his Learned Friend laid
'tie Shaftesbury case before the retunthig officer, inti-
mating, at the same time, that an action would be brought
against him by the rejected voters.
!fr. Bkscancan read the observation of Lord Holt.
in the ease of Ashley v. White, in which that Learned
Judge declared his opinion that, the Jury ought to give
*l aatiff large damages against any returning-0o
deprived him, as an Englishman, of his elective
tight. The Learned Counsel a6o contended, that it NU
unnecessary to prove the direct malice on the part of the,
9-Revving...Meer. The refusal of a vote wit..o.it jnetili-
teflon was in itself an injury, whether it proceeded from
mane, or partiality.
•Mr. Hinman produced a espy of the writ for the
olectioe of a Member to serve is Parliament, is cease-
game of the death of Sir S. Bomilly.
Misstep from the Journals of the noose of Commons
were mot read, is which the right of voting for Mem.
:hers for Wesestioaterr W6ll allowed to eelmsd to certain
parishes, among which wesSt. (lenge, Haooverzequare,
.where the glided/ resides.
, Mr. J. Lee, Vestry Clerk of St. George, flatting&
book of John •kullen was
• Poor hear, and IN-
colleArd every
-.r•erly.
Hob-

11‘ _ at
ilectiour
;• their
*J of
aptori.
ai
r. box
bolsi
How-

'sire=
hays
r dad

:bat
Bit

iitaced his-book of rates. Johil4.;ulleit was
sated 41. 4d. Is the Poor and'Highway. and 10,.
M the Watch. The roes were generally eolie:ted every
is months, bat they had parent° collect quwerly.
George Roaadthweite, leepector of rotator Mr. Hob.
loose, knew John calks.. the plaintiff, who lived at
inightsbridge. At the basting daring the lest ilection
, there were separate places far the voters to glee their
votes. The plaintiff perhaps, went to thi part spPri.
'Aged to St. George,- Haiever.eyakre. On the itbdt el
rebrearj be sew the itf de High Bailiff's boa
upon As .tio bored se objection bei.g
made to his vote. Tit Cy er for St. George, Hutto.
ver-eonare, had klebted veer thentes, and said Mr.
Collee.bed net r Me laid he calletiloi the 'straws
sir. Callen 1!'. • see se? The Wetter scid
be "1" a lhote 41t • thee said. that is false, I have
aoboy t Heard, did yea at say time
a 4 on ine.inr .„ did ever seed yea away.witit•
ant the Nand SS. rip. Mr. Liking, thseallactor,
torgell.4Mec De* did. Tlur amity Higii &MI
thee est 4 ai canoe OW be had and the
rate trooloopoitleittil pileistiff's vote unit be rejected.
C aid ali.Shimarr• —Ha said the DePetY
H ' 'us Weeded by his legal adviser. flu
Pl *sea else rejected on the same grouted NM
•
4.4
hiftaimploy of the plaintiff deposed, that
e sores, &Meg cell for the. poometes.