66 66 engaging poll clerks, should be borne and defrayed by the respective candidate or candidates, at such elections, in the cases and in "manner as in the same act are more particularly " mentioned and provided for: and whereas the right of election of citizens to serve in par"liament for the city and liberty of Westminster "is, by the last determination of the house of "commons, of the nineteenth day of March, "1795, declared to be in the inhabitants house"holders, paying scot and lot, of the united pa"rishes of Saint Margaret and Saint John, and "of the several parishes of Saint Paul Covent Garden, Saint Anne, Saint James, Saint George Hanover Square, Saint Martin in the "Fields, Saint Clement Dunes, and Saint Mary "le Strand, (including so much and such parts of "the said parishes of Saint Martin in the Fields, "Saint Clement Danes, and Saint Mary le "Strand, as are within the liberties, districts, "limits, or jurisdictions of the duchy of Lan "caster,) and of the liberty or district of Saint "Martin le Grand, in the county of Middlesex, "and of the precinct of the Savoy: and whereas "the number of persons entitled to vote under "and by virtue of such last determination is very "considerable, and far exceeding in number the "voters in many of the counties of the kingdom, "and there is no convenient public building " within the said city, wherein to hold the elec tion, and to take a poll in writing of the "electors, in the event of the same being legally "demanded: and whereas, by reason of the popu"lousness of the said city, the taking of a poll in "writing is attended with considerable expence, from the number of clerks necessarily employed therein and whereas controversies having of late arisen, as to the payment of the expences 51 Geo. 3. c. 126. Westminster. 51 Geo. 3. c. 126. Westminster. attending the building of a convenient booth or hustings, heretofore usually erected for the holding of such election, and of the expence attending the clerks employed in the taking of "a poll, when demanded, it has been deemed expedient, under the circumstances aforesaid, to "make some certain provision for defraying such "necessary expences, by extending the directions "and provisions of the said act in that behalf to "the elections of citizens to serve in parliament "for the city and liberty of Westminster: now, "to the intent that a stop may in future be put "to such controversies as aforesaid, and the ill consequences of the same, and for maintaining good order and uniformity of proceeding within "that populous city and borough, which is of great consequence to the whole kingdom", Be therefore enacted, by the king's most excellent majesty, by and with the advice of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that at all times from and after the passing of this act, upon every election of a citizen or citizens to serve for the said city of Westminster in parliament, the bailiff, or in his absence his sufficient deputy, shall appoint, make, or erect, or cause to be appointed, Booths to be made, or erected, at the expence of the canexpence of the didate or candidates, a convenient booth, or place for holding the election; and the said bailiff or deputy shall, in case of a poll being demanded by any of the candidates, or any two or more of the electors, appoint a convenient Poll clerks to number of clerks, not exceeding in the whole be appointed the number of twenty-six, to take the poll, the expence of (which said clerks shall be at the expence of the candidates. the candidates as aforesaid, and be paid not ex erected at the candidates. by the bailiff at ceeding one guinea per day each clerk); 51 Geo. 3. c. 126. Westminster. Bailiff, &c. and the said bailiff, or deputy, shall also make out a list of the several parishes, districts, or divisions, (not exceeding eleven in number in the whole), into which the said booths or polling places shall be apportioned or allotted, and shall, upon request made, deliver a true copy which polling thereof to any of the candidates, or their agents, places allotwho shall desire the same, taking for each of ted, and to dethe said copies the sum of two shillings, and no more. § 2. And be it further enacted, that the bailiff, or in his absence, his sufficient deputy, shall, at every such election, allow a cheque-book for every poll-book for each candidate, to be kept by their respective inspectors at the place where the poll for such election shall be taken or carried on. to make out liver copies, &c. A cheque book for every poll-book allowed cach canditate. secuted. § 3. And be it further enacted, that in case Bailiff offendany such bailiff, or his deputy as aforesaid, shall ing to be prowilfully offend against, or act contrary to the true intent and meaning of this act, such bailiff or deputy shall be liable to be prosecuted, by information or indictment in his majesty's court of king's bench at Westminster, in which no noli prosequi or cesset processus shall be granted; any law, custom, or usage to the contrary thereof in anywise notwithstanding. § 4. And be it further enacted, that it shall and may be sufficient for the plaintiff, in any action of debt given by this act, to set forth in the declaration or bill, that the defendant is indebted to him in the sum of and to alledge the particular offence for which the action or suit is brought, and that the defendant hath acted contrary to this act, without The manner ing in case of offence against and proceed this act. 51 Geo. 3. Westminster. Limitation of actions, &c. Statutes of ceedings on this act. mentioning the writ of summons to parliament, the precept thereon, or the return thereto; and it shall be sufficient in any indictment or information, for any offence committed contrary to this act, to alledge the particular offence charged upon the defendant, and that the defendant is guilty thereof, without mentioning the writ of summons to parliament, the precept thereon, or the return thereto; and upon trial of upon trial of any issue in any such action, suit, indictment or information, the plaintiff, prosecutor, or informer, shall not be obliged to prove the writ of summons to parliament, the precept thereon, or the return thereto, or any warrant or authority to the bailiff, grounded upon any such writ of sum mons. § 5. Provided always, that every action, suit, indictment, or information, given by this act, shall be commenced within the space of six calendar months after the fact upon which the same is grounded shall have been committed. 6. And be it further enacted, that all the jeofails, &c. to statutes of jeofails and amendments of the law extend to pro- whatsoever shall and may be construed to extend to all proceedings in any action, suit, indictment, or information, given or allowed by this act, or which shall be brought in pursuance thereof. defendant to costs. If plaintiff § 7. Provided always, and be it further ennonsuited, &c. acted, that in case the plaintiff, or informer in recover treble any action, suit, indictment, or information, given by this act, shall discontinue the same or be nonsuited, or judgment be otherwise given against him, then and in any of the said cases the defendant against whom such action, suit, or information shall have been brought, shall recover his treble costs. 51 Geo. 3. C. 126. Westminster. Powers and provisions of electors to cept where hereby altered. § 8. Provided also, and be it further enacted, that all and every the clauses, powers, direc- former acts tions, provisions, penalties, aud forfeitures men- relative to tioned and contained in the several acts made continue and now in force, concerning elections for cities in force, exand boroughs not herein or hereby specifically altered, or otherwise provided for, shall be construed as heretofore to extend to the city and liberty of Westminster, in the same manner as if the same, and every of them, were severally repeated and re-enacted in the body of this present act; any thing herein contained to the contrary thereof in any wise notwithstanding. 9. And be it further enacted, that this act Continuance shall continue and be in force from the passing of act, thereof until the first day of August, one thousand eight hundred and thirteen. |