case thomas SMITH Plaintiff edward PHELIPPS Defendant in error that march Mews  dig way smith v Phillips S of will III c repeal by ballot Act sched as to copy  of poll a action of debt lie against a return officer at a election for l  penalty under the statute of and will III cap S for not deliver a copy of the  poll to a candidate on be require viner vol p c the now defendant bring his  action of debt in the court of king bench against the now plaintiff as bailiff  of the borough of ivelchester for refuse to deliver to he a copy of the poll  take at a election for member of parliament for the say borough at which  election the defendant be a candidate and this brown er p action be find on  the statute of and William III chap sect whereby it be enact that every  bailiff and brown other officer to who the execution of any writ or precept  shall belong for elect of member to serve in parliament shall forthwith  deliver to such person or person as shall desire the same a copy of the poll  take at such election pay only a reasonable charge for write the same and that  every bailiff and other officer to who the execution of any writ or precept  for elect of member to serve in parliament shall belong for every wilful  offence contrary to this act shall forfeit to every party so aggrieve the sum  of l to be recover by he or they or his or their executor or administrator  together with full cost of suit the declaration state that the town of  ivelchester be a ancient borough and that the burgess and inhabitant of the  say borough time out of mind have choose two burgess to serve in parliament  for the say borough that on the that of January george king a writ issue out  of chancery direct to the sheriff of Somerset command he to cause to be choose  two knight for the say county and two burgess for every borough within the  same county to serve in the parliament to be hold at Westminster on the that  day of march then next follow which writ on the that of January be deliver to  John Trevillian esquire then sheriff for the same county who the same day make  his precept to the say Thomas smith then bailiff of the say borough of  ivelchester to who the execution of the say precept do of right belong for the  election of two burgess to serve in parliament for the say borough accord to  the say writ That by virtue thereof on the d day of February follow it be  proceed to a election for the say borough when sir James Bateman William  Bellamy John Hopkins and the plaintiff stand candidate and several elector  vote for sir James Bateman and the plaintiff and several other for the other  two candidate and a poll be then demand be have and take in write by the say  bailiff That on the that of the same month the plaintiff require the say  bailiff to deliver he a copy of the say poll and be ready and offer to pay he  any reasonable sum of money for the write thereof as he shall require but the  say bailiff do not deliver the same but contrary to his duty and the say act  of parliament voluntary and utter refuse to deliver he a copy of such poll  whereby the plaintiff be entitle to demand and recover the say penalty of l  the defendant smith have plead the general issue the cause be try at the lend  assize hold for the county of Somerset before Mr justice Eyre and a  substantial jury when after a long trial and upon full evidence a verdict be  give for the plaintiff to the satisfaction of the judge it appear that smith  who be a practice attorney have behave himself in a very arbitrary manner and  that his whole proceed as bailiff and particular this for which the action be  bring be in open defiance and contempt of the law brown the court of king  bench have give judgement for the plaintiff Phelipps upon this verdict the  defendant smith bring a writ of error in the exchequer Chamber where the  judgement be affirm by all the judge of the court of common plea and the baron  of the exchequer unanimous but to reverse this judgement of affirmance and  also the original judgement smith bring his writ of error in parliament and  though he appear by counsel on the argue it yet I have not be able to find a  print case on his behalf if any be ever print on the part of the defendant in  error it be say t Lutwyche I comens that this action be find on a law make to  remedy many great abuse commit by officer concern in election of member to  serve in parliament which have long be complain of and by which if a remedy  have not be timely apply the very constitution of parliament may in a great  measure have be subvert and since the fact be clear verify by the verdict and  the ground and nature of the action as well as the form and manner of the  proceed have be approve of by the judgement of all the judge of England it be  hope that the judgement of the exchequer Chamber will be affirm with cost  accord after hear counsel on this writ of error it be order and adjudge that  the judgement give in the court of king bench and the affirmance thereof in  the exchequer Chamber shall be affirm and that the record shall brown er p be  remit to the end execution may he have thereupon as if no such writ of error  have be bring into the house jour v p then it be proposed  That the plaintiff  shall be order to pay to the defendant the sum of for his cost by reason of  the delay of the execution of the say judgment  And it be also propose that he  shall pay cost and a question be state on the first proposition and a debate  ensue thereon the question be put whether the word five shall stand part of  the question and be resolve in the affirmative it be order that the plaintiff  shall pay to the defendant the sum of for his cost by reason of the delay of  the execution of the say judgement