§ Mr. Cradockpresented a petition from the inhabitants of the town of Rye, entreating the attention of the House to the conduct of their returning officer. The petitioners stated, that he had acted, at the late election, contrary to a recent decision of a Committee of that House; and he was of opinion that subordinate officers, who were thus guilty of a dereliction of their duty, deserved to be visited with severe punishment.
§ The Speakerobserved, that if this were an election petition, it could not be received, as the time had gone by. The hon. Member must be aware, that in the last Session of the last Parliament, certain parties presented a petition against the then return, involving the right of 6 election, on which a Committee of that House had decided; and, according to that decision, persons were placed upon the poll which had the effect of changing the appropriation of the seat. By the law of the land, that decision was to be sent down to the borough, and the voters had a right to take six months to appeal against the report so made by the Committee. They had appealed; but until the six months had expired, that appeal could not. be considered. In the interim that Parliament was dissolved. The appeal was heard, and they knew the result. A new election had, however, taken place at Rye; and some parties who were dissatisfied had petitioned against it; but that second petition had not been yet heard. He now asked, whether the present petition complained that the returning- officer did not admit those votes on which a Committee had formerly decided? whether this petition was founded on the same circumstances as were contained in the petition against the return? If the hon. Member answered in the affirmative, the House would require no farther proof that this was an election petition, and could not be received.
§ Mr. Cradocksaid, he had not seen the petition to which the Speaker adverted.
§ The Speakersaid, the duty of a Committee appointed under the Act of Parliament was not only to try the right of a person elected to his seat, but also the conduct of the returning officer. He then read an extract from the petition already presented, from which it appeared, that the conduct of the returning officer was complained of.
§ Petition withdrawn.