HC Deb 29 January 1819 vol 39 cc145-6
Mr. Sinclair

presented the1following Petition from Mr. Hunt against this bill: To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. —The Petition of Henry Hunt, esq. humbly sheweth; That, at the last election for the city of Westminster, your petitioner stood along with five other gentlemen, as candidates for the representation of that city, and soon after the close of such election, an account was sent him by Arthur Morris, esq. the high bailiff of the said city, claiming of three of such candidates only, the sum of 936l. 9s. 11d. as his bill of charges and expenses for such election; and, on your petitioner objecting to several items contained therein, particularly to a lumping one of 522l. for a carpenter's bill, the said Arthur Morris, without further ceremony, brought an action of debt against your petitioner for the same; and while your petitioner was trying to get from him fall particulars how such article, amongst others, was made out, he, by two sharp practising attornies, of the names of Trower and Twedly, snapt a judgment against your petitioner in such action, and was about to levy an execution thereon; to prevent which, your petitioner was obliged to apply to his majesty's court of King's bench, in which court the judgment had been so, obtained for a rule nisi to set aside the same, which rule, at the request of the said Arthur Morris's counsel, stands over to be argued on Monday nexy.—And, your petitioner further showeth, that the said high bailiff, by bringing actions of debt, and snapping, thereon final judgments not only deprives the party he shall so sue, of a right to dispute his charges, however illegal or unjust they may be but also takes away from the subject the writ of inquiry by a jury to assess the damages he would be entitled to, in the case of an interlocutory judgment, which your petitioner most humbly submits is, the bounden duty of your honourable House to prevent., And your petitioner further complains, that the enormous expense of erecting the hustings is wholly unnecessary, and that at the late election two thirds of the same was neither appropriated to the use or convenience of the candidates or their friends, but that it was daily occupied by persons sent and paid to interrupt the proceedings, who had no other business there, in violation of the privileges of your honourable House, and in defiance of the statute, 'That declares the election of members 'of parliament ought to be free;' that the late lord Ellenborough said, when presiding in the court of King's-bench, that the high bailiff might hold the election in Westminster-hall or some other place, without putting the candidates to such enormous expense, as is the case in all other cities. And your petitioner further adds, the place of high bailiff is one of very large emolument, out of the proceeds of which he might, in virtue of such his office, pay all such outgoings, as is done in all other cities.—Your petitioner therefore prays, that your honourable House will cause due inquiry to be made into the amount of the large emoluments of the said high bailiff, and if they should be found sufficient for the above purpose, that your honourable House will not pass any other new bill, to throw more impediments in the way of free election. And your petitioner further prays, that in case your honourable House, after due inquiry, should think proper to pass any new law exclusively for the protection of the said high bailiff, your honourable House will not fail to introduce a clause to prevent him in future from suing by action of debt, but that his remedy under such new act should be an action by assumpsit only, which would effectually guard against any attempt at future extortion, and not deprive the subject of his writ of inquiry before a jury to assess the damages; or that your honourable House would, in such act, limit the sum to be paid to him for his charges on such occasions—And your petitioner, as in duty bound, will ever pray, &c. HENRY HUNT. Ordered to lie on the table.