§ Mr. Wetherall presented a Petition from the petitioners against the return from the county of Mayo; praying that the time for receiving the recognizances appointed to be entered into should be enlarged.
§ The Speakerstated, that this was a Petition from certain individuals in the county of Mayo, praying to be allowed to lay before the House facts verified on oath, to shew cause why their time should be enlarged for entering into the recognizances demanded from them. The Act said, that such indulgence could not be granted unless it should appear to that House, by facts stated and verified upon oath, "That the applicants were entitled to it." This was exactly what the present petitioners wished to do. They offered to state facts to the House, verified by affidavits. As far as he could recollect, the House was not in the habit of receiving affidavits, taken out of doors, unless some member should be at hand to give a proper explanation, or the parties should be called to the bar to be examined.
§ Mr. Bathurstthought that, although not exactly consistent with practice, it would be hard not to take the oath of the petitioners, but to examine them at the bar of the House. If that course were adopted, it could not be known where it would stop.
§ Mr. Bankessaid, the House would be departing from the course adopted in cases relating to the expences of their own members. If the evidence on oath were of that kind that on the face of it no suspicion could arise, then he should say that to receive affidavits would be complying with the sense of the act of parliament. He thought there were many and grave reasons for the House not departing from their usual practice.
§ The Speakerstated, that the same words occured in the Election Act of the 12th of the King, relating to excuses from members on account of sickness. The House had always, however, received evidence at their bar. The petition might be suffered to lie on the table; and the House, on a subsequent day could come to a determination on the course to be adopted with respect to it.
§ After a few words from Mr. Wetherall and Mr. Bankes, the petition was ordered to lie on the table.
§ Mr. Wetherall presented a petition of the same import from the freeholders of the county of Mayo, which was also ordered to lie on the table.