HC Deb 05 April 1805 vol 4 cc211-3

The Speaker acquainted the house, that he had received a declaration, in writing, subscribed by sir Francis Burdett, baronet, who is returned a knight of the Shire to serve in this present parliament for the county of Middlesex, that he, the said sir Francis Burdett, did not intend to defend his election for the said county. And the said declaration being delivered in at the table, was read; and is as followeth, viz. "Whereas, on Wednesday the 13th day of March last, a petition, subscribed with the names of George Boulton Mainwaring, esq. therein stated to have been, at the last election for the county of Middlesex, a candidate to represent the said county in this present parliament, sir William Gibbons, baronet, sir William Curtis, baronet, Henry Thornton, esq. William Mellish, esq. and Samuel Pepys Cockerell, esq. was presented to this house, complaining of my election and return to serve in this present parliament as a knight of the Shire for the county of Middlesex; which petition this house has ordered to be taken into consideration upon Tuesday the 7th day of May instant: "And whereas, on Wednesday the 10th day of April last, this house ordered that the said petitioners should upon the 20th day of April last, by themselves or their agents, deliver to me, or my agents, lists of the persons intended by the said petitioners to be objected to who voted for me, giving in the said lists the several heads of objection, and distinguishing the same against the names of the voters excepted, to, and that I should, by myself or my agents, at the same time deliver like lists on my part to the said petitioners or their agents:— "And whereas, it appears, upon the face of the sheriff's poll, taken at the said election that at the said election, 12833 persons voted for me, and 2832 for the said George Boulton Mainwaring, amounting in the whole to 5665 persons actually polled; and that 103 persons tendered their votes for me, and 99 for the said George Boulton Mainwaring, making 202 tendered votes; in the whole 5867 votes polled and tendered:— And whereas, between the said 13th day of March last, when the said petition was presented to this house, and the 20th day of April last, on which day this house ordered the said lists to be exchanged, there was not Sufficient time for me, by myself, or by my agents, to examine into the rights of 5867 voters, so as to enable me to make out, with sufficient certainty, a list of the objectionable voters received on the poll for the said George Boulton Mainwaring, with the several heads of objection, in the manner ordered by this house; and therefore no such list, nor any list, has been made out or delivered by me to the said petitioners or their agents:— "And whereas the said petitioners have delivered to me a list of the persons who voted for me objected to by them, with the several heads of objection, amounting to 1944 persons; but between the 20th day of April last, the day on which, pursuant to the above-mentioned order of the house, they delivered the said list to me, and the 7th day of May instant, an interval of only sixteen days, on which day the said petition is ordered to be taken into consideration, there is not sufficient time to examine into, and ascertain, the rights and titles of 1944 persons therein objected to, so as to enable me to maintain and defend the same:—"Now, by virtue of the provisions and enactments contained in the second section of a certain act of parliament, passed in the 28th year of the reign of his present majesty, chap. 52, intituled, "An act for the further regulation of the trials of controverted elections, or returns of members to serve in parliament;" I do inform this house, by this my declaration, in writing, subscribed by me, and delivered in at the table of this house, that it is not my intention to defend my said election or return. Witness my hand this 1st day of May 1805. Francis Burdett."—The house was moved, that an act, made in the 28th year of his present majesty, for the further regulation of the trials of controverted elections or returns of members to serve in parliament, might be read:—And the same was read. —The house was also moved, that the order, made upon the 10th day of April last, for taking into consideration, tomorrow, the petition of George Boulton Mainwaring, esq. sir William Gibbons, baronet, sir William Curtis, baronet, Henry Thornton, esq. William Mellish, esq. and Samuel Pepys Cockerell, esq. complaining of an undue election for the said county, might be read:—And the same being read; ordered, that the said order be discharged. Ordered, that the said petition be taken into consideration upon Friday, the 7th day of June next, at three of the clock in the afternoon.

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