HC Deb 22 February 1808 vol 10 cc698-9
Mr. Horner

rose to move that the order for taking into consideration the Petition complaining of the undue election for the borough of Great Grimsby, should be discharged. The grounds upon which his motion rested were, that the standing order of the house had not been. complied with by the petitioner in the last session; that order requiring that the petitioner should give in a statement of his qualification within 15 days after notice to that effect had been served upon him, subsequent to the presenting his petition. Such notice had been given to the petitioner last session, but no qualification had been accordingly given in; and thus the qualification had, within the regular time after the renewal of the petition in the present session, been re, turned to the house, in the absence of any precedent, since the enactment of the Grenville act, that the house should be governed by the analogy of its practice, antecedent to the passing of that act, which would be fatal to the claim of the petitioner to be heard. He therefore moved that the order be discharged.

The Solicitor General

stated, that he agreed with the learned gent. as to the practice of the house antecedent to the passing of the 10th of the king, the Grenville act. But he contended, since the enactment of that statute, which transferred all jurisdiction on matters of controverted election from the house to. the committees chosen under it, it was not competent to time house to discharge any order for a committee to determine the merits of; an election, in any other manner than as prescribed by the act. The whole jurisdiction rested with the committee, which alone was to decide upon the question specting the qualification, and therefore the house could not have power to discharge the order pursuant to the motion of the hon. gent—After a few words from Mr. Croker, the motion was negatived Without a division.