read; the petition was ordered to lie on the table. On the 25 Nov. a special return was made, ftating the fame facts, and that by reafon thereof no election or retura of a burgess had been made. This return was delivered in to the house, 27 Nov. on which day the proceedings in the cafe of Coventry, 6, 20, and 21 Nov. 1780, having been read; an order was made, "that all perfons, who will queftion the return. for the borough of Tewkesbury, do question the fame within fourteen days next after the faid return was brought into office of the clerk of the crown." 53 Journ. 128. On 13 Dec. (no petition having been presented in the interval) a new writ was ordered. 53 Journ. 148, 149. For a petition in the cafe of Nottingham 1803, fee poft, Petitioners tions of their own petition. Recogniaduce, 4. Of recognizances. By ft. 28 G. 3. c. 52. f. 5. every petitioner under that ftatute, or under ftatutes 10 G. 3. c. 16. ; 11 G. 3. c. 42. ; 25 G. 3. c. 84. hall enter into a recognizance to perform certain things within 14 days after the petition has been prefented, or within fuch further time as may be limited by the house; unless upon fpecial matter stated and verified to the fatisfaction of the houfe, the houfe fhall fee caufe to enlarge the time for entering into fuch recognizance: but the time fhall not be enlarged more than once, nor for longer than 30 days. In the exercise of this discretion, the enlarged; principle upon which the house appears to have proceeded, in admitting or rejecting applications for enlarging the time for entering into the recognizance, feems to have been, that where the grounds of the application have been the default of the fitting member, or fome inevitable delay, fuch as the impracticability of ferving the notices required by the refolution of the house, 11 Feb. 1789, 44 Journ. 111, by reafon Except thofe refpecting the right names, additions, and places of abode, of election folely. f. 32. See the ftatute. That the petitioner do give due notice of the time and place of fuch intended examination, together with the of fuch fureties, to the fitting member or members whofe election or return is complained of by fuch petition, or their known agent or agents, and to every other person or persons to whom the. Speaker ferved on fon of the fitting member having no known place of refidence, &c.; the house has been ready to grant fuch indulgence; but have denied it, when the delay has proceeded from the inadvertence or mifapprehenfion of the petitioner, or his agent. Dumfries, 11 Dec. 1789, 46 Journ. 47. where notice The time was enlarged for Sir James Johnstone the peti- cannot be tioner i to enter into his recognizance. The ground stated fitting memwas, the fitting member not having any refidence, or any known agent, in London, upon whom the notice could be ferved. But a notion upon the concluding prayer of his petition, that a notice left with the clerk of the house might be deemed good fervice, was withdrawn, by leave of the houfe. See Drogheda, poft. p. xxxii. ber. tioner upon Plymouth, 17 Dec. 1790, 46 Journ. 125. The house be- Where petiing informed that John Macbride, Efq. who had petitioned public fer3 Dec. 1790, against the election of return for that borough, vice abroad. was now abroad, commanding one of his Majefty's fhips of war, and it was uncertain when he would return; the ftat. 28 G. 3. c. 52. f. 5. was read; and it was ordered, "that the time allowed for John Macbride, Efq. to enter into the faid recognizance be enlarged until the 16th of January next." Afterwards by ft. 31 G. 3. c. 3. the time was limited to 30 days after Capt. Macbride's return to this country. cafioned by Seaford, 23 Dec. 1790, 46 Journ. 136. The agent for where the the petitioners stated, in his petition to the house, that the delay is octime for entering into the recognizances would expire on the examinthe following day; but that the examiners had deferred the ers, examination of the fureties, till that day. The time was enlarged till the 29th. nefs of the Shaftesbury, 29 Dec. 1790, 46 Journ. 137. In the cafe or by the illof Shaftesbury, the petition was prefented 10 Dec. The Speaker having informed the house that the recognizances Speaker of the House of Commons all have given notice to attend, at the time when any fuch petition is ordered by the boufe to be taken into confideration, or their known agent or agents.” And fee Journ. 24 Nov. 1802. The reader will find feveral useful forms relative to these proceedings, in the Appendix to His original petition was prefented had Speaker. Not enlarg ed where the delay arofe from peti tioners, &c. though re had not been entered into, but that this was occafioned by his own indifpofition, the time was enlarged 30 days. In the feflion 1802-3 the orders of the day for taking into confideration the petitions of Mr. Williams against the election and return for Tregoney *, and of Mr. Concannon against thofe for Seaford', were discharged 21 Dec. 1802 for want of the recognizance having been entered into. They both petitioned the house to enlarge the time; the former alleging that his agents had not received their inftructions to provide fureties till the 18th, and that the examiners had deferred the examination of the fureties for want of fufficient notice; the latter, that his return from abroad had been prevented by contrary winds; that he had only arrived in town on the night of the 20th, and was ignorant that a notice of two days was required to be given to the fitting members, of the fureties to be offered. Drogheda, 10 Dec. 1802. The time, for entering into the recognizances were enlarged for 21 days, on account of the fitting member not being in England, nor having any known agent there. The precedents in the cafe of Dumfries, &c. Seaford, and Plymouth were read. The like order was made in refpect of the petition of certain freemen Petition dif- and freeholders of that town. On the 3d of February, charged, al- Mr. Ogle, the petitioning candidate, not having entered into cognizance his recognizances, the order of the day for taking his petientered into, tion into confideration was discharged; and the Speaker due notice having acquainted the house, that one of the electors petigiven to the tioners had, together with two fureties, entered into a reber. cognizance in Ireland in refpect of fuch petition, which recognizance had been left with the Speaker, but that the validity of fuch fureties, had not, for want of due notice to the fitting member, or his agent, been examined and approved of in the ufual manner; the ft. 28 G. 3. c. 52., and for want of fitting mem * Prefented 7 Dec. 1802. 1 Prefented 7 Dec. 1802. Other petitions, prefented Seff. 1802-3, and not taken into confideration for want of the recognizances being entered into in due time, were thofe, of Mr. James, an elector, for Newcastle under Lyme; Mr. Hill, an elector, for Malmesbury : 2 petitions of electors for Kingflon upon Hull; and a petition of Mr. Agnew, for Bridgewater, prefented 24 Nov. 1802. the the refolution 11 Feb. 1789 having been read; a debate N. B. It may be proper in this place to introduce a few of the cafes that exhibit the former practice of the house with refpect to withdrawing petitions". A fhorter time than 14 days, li mited by confent. withdrawn Frequent inftances occur in the journals of petitions pre- Petitions fented, and not proceeded in, being withdrawn by leave of before ft. 28 the house. But in the cafe of Abingdon 1781, 38 Journ. G. 3. c. 52. 163. this permiffion was refufed, the fitting member not giving his confent: and the petition was afterwards voted frivolous and vexatious. In one inftance, fince the ft. 10 G. 3. c. 16. a petition was withdrawn, on the day fixed for taking it into confideration. London, 28 Feb. 1774, 34 Journ. 505. The petition of John Roberts, Efq. being ordered on the 24 Jan. 1774 to be taken into confideration on the 21 Feb. then next; that order was on the 17 of Feb. discharged, and the petition was ordered to be taken into confideration on the 28 of Feb. 34 Journ. 469. On that day, the fpeaker informed the house, that he had, on Saturday laft, received a letter from John Roberts, Efq. acquainting him, that he defired leave of the houfe to withdraw his petition; and a member acquainting the house that Mr. Roberts had defired him to m See the cafe reported App. No. I. p. 503. See poft, p. 473. move move for leave to withdraw the faid petition; and another member confenting on the part of the fitting member, it was ordered that Mr. Roberts fhould have leave to withdraw his petition, and the order for taking it into confideration was discharged. But, a fimilar proceeding being propofed in the cafe of Ilchefter, 19 Feb. 1776, 34 Journ. 561. and the speaker having stated to the house the abovementioned practice in the cafe of the petition of Mr. Roberts, the ft. 10 G. 3. c. 16. was read. And, "it appearing to be the fenfe of the house that the order of the day ought to be proceeded on, and that the house could not fuffer any queflion to intervene;" the committee was appointed in the ufual manner. A ftanding order was made 18 Feb. 1782, 38 Journ. 800. "That whenever a motion is made for leave to withdraw a petition complaining of an undue election or return of a member to serve in parliament, the confideration and debate thereof shall not be entered upon immediately, but the fame fhall be adjourned till fuch further day as the house shall think fit to appoint, provided that three days at the leaft fhall intervene between the day on which fuch motion is made, and the faid further day to be appointed." Under this form feveral petitions were afterwards with drawn. The reafon of the adjournment of the debate mentioned in this refolution appears to have been, to give all the parties concerned due notice of the intention to withdraw the petition. 22 Ap. 1782, 38 Journ. 939. the petition in the cafe of Chichefter, the confideration of which was fixed for the 22d, being proposed to be withdrawn, the confideration of the motion was deferred till the 25th, and a new order was made for taking the petition into confideration on the 29th. Leave was given on the 26th, that the petitions fhould be withdrawn, the fitting member having fignified his confent. See ibid. p. 952. By ft. 28 G. 3. c. 52. f. 8. no such petition can be withdrawn, "except fo far as the fame may relate to the election or return of any member or members, who fhall, fince the fame |