The Sun.
London, England, 1851-02-06 00:00:00

PETITIONS.

- Mr. F. FRENCH presented a petition praying for an
extension of the jeasing powers of Trinity College, Dub-
lin; also a petition with regard to the repairs and main-
tenance of St. Patrick's Cathedral, Dublin.
NEW WRITS.
_ _

Mr. HAYTER moved for a new writ for Pontefract,
in the place of Sir Samuel Martin, who is now one of
the Barons of her Majesty's Court of Exchequer.
THE NEW WRIT FOR DUNGARVAN.
Mr. HAYTER said a new writ was moved for yester-
day, for the Borough of Dungarvan, on the assumption
that the Right Hon. Richard Lalor Shed had vacated
his seat by the acceptance of the office of her Majesty's
Plenipotentiary to the Duke of Tuscany. He (Mr.
Hayter) believed he was in error in supposing that
the acceptance of that office made it compulsory on a
Member to vacate his seat; therefore the course which
he now proposed to adopt was to move that the order of
the House for issuing the new writ should be now read.
The Clerk at the table then read the order.
Mr. HAYTER moved that a supercedeas; should be
issued to annul the writ. -
Mr. ROEBUCK said he should like to knew whether
this was the ordinary mode of proceeding. If so he had
no objection to it, but he saw great danger in such a
precedent. If they established a precedent of this
nature, it might become extremely injurious to the
proceedings, liberties, and privileges of the House, and
he should like to know from the Attorney-General
whether any harm was likely to result from such a
practice hereafter?
Mr. HAYTER said he apprehended the Hon. Mem-
ber wished to know whether the present course
was the usual course of proceeding. Now if
if any error were committed he supposed the usual
course was to put it right as soon as they could. There-
fore the question depended upon whether an error had
been committed. He found several instances in the books
of the House in which it appeared that the mere accept-
ance of the office of one of her Majesty's plenipotentiaries
did not divest a Member of the right of sitting in the
House. All he could do, therefore, was to move the
motion which he had already done.
Mr. F. FRENCH thought some further explanation
ought to be given on the subject, as this pro-
ceeding was contrary to common sense. The rule
was, that if a Member accepted any office of emolument
under the Crown his seat became forfeited.

Mr. M. J. O'CONNELL observed that great incon-
venience would arise if a supercedeas was issued, as the
writ for a new election had probably reached the hands
of the sheriff for the borough.
The ATTORNEY-GENERAL thought the Hon.
Gentleman would at once see the necessity.of this course
if he would consider for a moment. The question of
whether the acceptance of the office of envoy from the
Sovereign of these realms to a foreign state came within
the provisions of the statute of Anne had once or twice
been discussed in the-House, and there were distinct
precedents in the journals to show that it did
not come within the Act of Parliament. Ac-
cordingly gentlemen had repeatedly been elected
Members of Parliament while filling the situation of
envoy, and it was quite clear that the acceptance of the
office by an existing Member did not vacate the seat.
Now yesterday an order was made for the issue of a
writ to elect a new burgess to serve in Parliament for
the borough of Dunvargan; but the borough of Dun-'
gervan was not vacant, and consequently by
law no person could be elected to fill the place.
At least, any gentleman who might be apparently
elected under the writ would not be entitled to take his
seat in the House, since the Right Hon. Richard Lalor
Shell was at this moment legally Member for Dungar-
-van, and the seat was therefore at present full. Now
What course ought to be adopted in this state of things
was obvious. It was to stop the proceedings that
were irregular, and at once obtain a supersedeas to do so.
No doubt some inconvenience would result from the is-
suing of the writ, but no incovenience could be so great
as that which must necessarily follow a step which was
contrary to law, and he had no hesitation in recommend.
ing the House to adopt the motion before it. All the
first inconvenience of the writ issued yesterday might be
remedied within twenty-four hours.
Mr. JOHN O'CONNELL wished to know if it was
intended that the Right Hon. Gentleman should retain
his seat, or was another writ to be moved for ?

The ATTORNEY-GENERAL said undoubtedly a
new writ would be moved for as soon as the seat be-
came vacant. He had no doubt that when his Right
Honourable Friend the present Member hi/came aware
that his acceptance of the office of envoy had not
vacated his seat, and that his holding the office
was incompatible with his attendance in Parliament, he
would forthwith comply with the requisites necessary for
vacating his seat.—(Hear, hear.)
The motion was then agreed to.
PAPAL AGGRESSION.
_ _
__

Mr. THORNELY presented a petition from Wolver-
hampton and West Bromwich against the Papal ag-
gretsion.
Sir R. H. INGLIS presented petitions from several
places in Dorsetshire to the same effect.
WINDOW DUTY.

Mr. HODGES presented a petition from Tunbridge
Wells praying for a repeal of the window duty; also a
petition from the same place praying for the establish-
ment of county financial boards; and a petition against
the Papal aggression.