HC Deb 05 February 1819 vol 39 cc327-8
Mr. Holmes

presented a petition from Richard Cotton Mould, praying that further time should be afforded him for entering into his recognizance. The petition having been read,

The Speaker

observed, that a case similar to this had not before arisen. Indeed it was not possible, because the act of parliament out of which it grew, took its date subsequent to the last general election. That act described the time when notice of the party being ready to produce sureties, ought to be given; and the present petition prayed for further time to effect that object. By the law, as it at present stood, the House could enlarge the time for entering into recognizances, but not for a longer period than thirty days from the time of presenting the original petition. That enlargement could only be granted, on the statement contained in the petition, praying for further time, being verified on oath: the manner in which it was to be verified did not appear. The only way, it seemed to him, would be, to call the petitioner to the bar, and swear him to the truth of his petition. It could not, therefore, be moved, that the petition should lie on the table, as that would dispose of it for the any, and such a delay would prevent the petitioner from applying hereafter for an extension of time. The petition having been read, the proper coarse, he conceived, would be, immediately to call the petitioner to the bur, to verify, on oath, the allegations he had made.

Mr. Holmes moved, That Mr. Mould be called to the bar, to verify the statement contained in his petition. The motion was carried, and Mr. Mould swore to the truth of the facts he had stated. Mr. Holmes then moved, That time for Mr. Mould to enter into his recognizance he enlarged till to-morrow.

Mr. Wynn

said, that by the act which passed a few years ago, it was directed that thirty days notice should be given of the intention of petitioning, in order that inquiry might be made into the character of the sureties; that the person petitioned against might be able to recover his expenses, If the petition were declared frivolous and vexatious. By the same act, under particular circumstances, a longer time was allowed to the petitioner to find sureties, if those originally proposed were objected to. The period pointed out for the reconsideration of sureties was eight days, "at the least," after the objection. He thought, according to the strict technical construction of the words, that "eight days at the least," meant eight days exclusive of the day on which notice was given. But, as the House always acted with liberality towards petitioners, and as, in this instance, it was very probable that the petitioner supposed the words "eight days at the least" to include the day of giving notice as well as that of entering into the recognizance, perhaps they would accede to the prayer of the petition, although it was not strictly in time.

The motion was then agreed to.

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