§ Lord Miltonsaid, he held in his hand a petition from Charles Pitt, esq. who had presented a petition to the House, complaining of an undue return for the borough of Camelford. The petitioner stated, that he had arranged with the clerks for the production of the sureties to enter into" recognizances yesterday, but they had subsequently discovered that that was a day beyond what was allowed by the act of parliament, and when he came down yesterday with his sureties, that was stated to him. Such were the allegations of the petitioner: whether they were true or false, he did not know, but it undoubtedly appeared to him, that if he could satisfactorily make out that the not entering into recognizances within the time required by the law did not arise from any wilful neglect of his own, the House was 557 bound to grant him relief, perhaps by extending the time for so doing.
§ The Speakersaid, it might be convenient to state, in reference to the petition, that yesterday he had informed the House the petitioner had not entered into recognizances, in consequence of which the order for taking the petition into consideration was discharged. He had also subsequently said he had received a letter from the petitioner, describing his inability to enter into recognizances within the proper time, from the mistake of the clerk in fixing it for yesterday, a day too late; since that he had thought it his duty to call for information on the subject. He had learned that the day had been fixed on in the usual manner, and approved of by the petitioner himself; but that when the latter came yesterday, Mr. Ley found it was a day too late, and made a communication to that effect to the petitioner. He, however, put a different construction on the words of the act, and contended he was not. Under these circumstances, Mr. Ley proposed to enter into the examination of the sureties and to grant the certificate, if they should be approved of: and afterwards the petitioner might make any application to the House, touching the transaction he thought proper. The petitioner declined that course—said that he was resolved to petition the House on the conduct of the clerks—left the room, and then wrote the letter he had before referred to. In a case nearly similar, the course had been to appoint a select committee to take the facts of the petition into consideration, with a view to determine whether the case admitted of any, and what remedy. He had only further to observe, that though the petition did deal in part with the recognizances, it also went largely into the merits of the petition.
§ Lord Miltonthen moved, "That so much of the said petition as regards the non-examination of the sureties proposed by Charles Pitt, esq. in respect of such petition, be referred to a committee to examine the matter thereof, and to report the same, together with their observations thereupon, to the House."
Mr. Wynnthought that the petitioner ought to have applied to the House yesterday, and doubted whether the act of parliament left the House any power to resume the consideration of the petition, after the order relating thereto had been discharged. Even if it had, the petitioner 558 should be called to the bar to verify upon oath the facts alleged, before any other step was taken in relation thereto.
§ A conversation on the proper mode of proceeding then took place; after which the motion was withdrawn and it was moved "That Mr. Pitt should attend the House to-morrow, to verify the matter of his petition upon oath." The debate upon this motion was adjourned till tomorrow.