Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-10
- Case-Court Of Kimgs Benck.


Tb,swas anaciion brough, by the High Bailiff
oi Westminster. against Mr.. Henry Hunt one
81 the Candidates al the last General Election
tor the representation iii Parliament or the
CITY OF Westminster, 10 recover a third share
OF the, expense of ereciiEg hastingS, paying
poll clerks, &c. in Convent garden during that
Election contest the action being founded un
the Statute 53 Geo. III, C. l52
Mr.. Scdrlett(witA whom WAS Mr.. Marryat,
MIR. Quincy aud Mir. SmedIey) stated the
plauiiit' case. and observed, that an action
was brought by the High Baihtf Of Wes,min-
ster, against Il gentleman whom the Jury
might probably haveh heard OF before, as a per-
sou who protested himself TO be great advo-
cate Tor public Independence, and candidate
Tor popular Appreciation. The claim which
the plaintiff now preferred, was one recuani-
seu by Act or Parliament, and which could
not be resisted upon any grounds of reason or
justice that he MIR. s. could anticipate
ffobaDly, however, the defendant, whose DO
puiarity had Row arrived at it's height, mig Int
Suggest as defence on the present occasion,
tiiat hls extraordinary anxiety for the public
welfare aud his devotion to the public
cause, both iii mind as well as in person had
deprived INN of the power OF attending TO his
own private concerns, and of performing those
Obligations which his individual capacity re-
CURED him 10 discharge. Tie jury however,
iaishi tank that this plea would not serve
the defendant Oh the present occasion.
According To the Act OF Parliament, upon
winch tas action was founded, the High Bal
I'M OF Westminster was entitled to recover
| from all persons who stood as candidates for
representation III Parliament, proporti0mate
STARE lfOiB each, OF The necessary expense in
Cured III the CrectiOn of hustIugs paving poll
clerks, aud other charges, incidental TO "a con-
tested election Tie questions which the Jul
~ hdd 10 determine on the occasion, were,
hrst, whether NJ Hunt had offered himself as
a Candidate for Westminster secondly. wle-
ther lie was one OF the three candidates ouly
VINO were called upon 10 contribute towards
the expenses IN question; aud thirdly, whe-
Ihef TIE charges and expenses of which he was
required 10 bear share, were reasonable and
just Ii was true, that by the construction
which The late Lord EllenDOrou.h had nut up
on the Statute, 53 Geo. Ill. c. i52 in an action
against SIR Francis Burdett, d person vino dad
not &c uaily present hlmsclfas a candidate up
on the musings, was not liable TO contribute 20
tle expense OF the election; but the de!eud-
ant cenIu not avail himself of any thing in that
decision, as ground of exemption. AT The
late General election there were undoubted-
~ SIN Candidates put in nomination: three of
whom, namely Sir Francis Burdeit, Major
Cartwright, and the honourable ID. Kinuaird,
were exempted frSm liability, on the auhUrl-
~ OF the decision referred 10, inasn,uch as on
being applied To by The High Balm before the
Election, they disciamed the character OF
Candidates, notwithstanding their political
iiieh0Shad put them i'll nomination. Tue IA
vowed Candidates therefore were only Sir Sa-
mnel RoniilIy, Sir Murray Maxwell, and Tie
The contributions due from the first tw o
thus mentioned, had been most cheerfully paid
without any difficulty or objection, and The,
backward neaS OF the defendant in following
their example could only be aScribed 10 the
reason already OVERWHELMINGLY. that his de-
v0iidn te the p1.bllc interest had completely
put II out OF his power To attend to his private
concerns. Itfrequentiy happened tina meiI lIk t
MIR. Hunt, who dedicated the whole of their
live" TO the public, and who felt AN ardent pa
ya1l .tte..p IL 81.
mony ct attending 10 their private affairs aud
paying their debts. The Instance how before
the court was but too strong d verification of
this position. A the same time, however. il
was TO be hoped, that gentleman of MIR.
Hunts patriotic disposition would not be dis
posed to higgle about slNpences, after the dis
tngnshed mark of public appreciation which
he had experienced al the late General Elec-
ton, III the iiatteriDg testimonial which the
poll book disclosed.
Alter apatient investigation of the case, and
iaboured defence i'll which the defendant
acted as hs own counsel, the jury found a
verdict for tnP Plaintiff Il,n,.,ns a. m. a. y