The Sun.
London, England, 1857-07-16 00:00:00

THE CASE OF MR. P. SOMERS, M.P.

Mr. I. BUTT presented another petition from Mr.
Somers relative to the criminal proceedings adopted
in the Court of Queen's Bench, [reland, relative to the
Sligo election, which was read by the clerk at the
table of the house, and ordered to lie on the table.

Sir G. GREY' said tb t the petition was different
from the one presented yesterday, and could not then
be entertained by the house.
Mr. BUTT moved that the clerk do read at the
table of the house the resolutions of the house on the
26'h Jan , 1703.—Agreed to.
[The resolutions which were read bad reference to
elections of members of the House of Commons, making
it a breach of privilege in any person interfering in the
proceedings relative to returns of members, except in
particular cases, as required by act of Parliament ]
Mr BUTT then moved that the proper officer of the
Queen's Bench in Ireland return to the house a copy of
all the proceedings in the action mentioned in the peti-
tion. The hon. and learned member said that there
was a petition against the return of Mr. Somers for
Sligo, and that, pending that petition, proceedings
had been taken in the Court of Queen's Bench, Ireland,
relative to the non-taking of certain votes at the election,
which was the same question the committee had to de-
cide. Since then, an indictment had been preferred in
the county of Sligo, against the mayor and his clerks for
conspiracy, in refusing to take the votes in questicn.
The hon. and learned member referred to a similar case
occurring at Aylesbury, and on application to
the courts of law, it was held to be a valid
proceeding, on which the House of Commons passed the
resolutions that bad just been read. An elector bad a
right to bring an acme against a returning officer for
depriving him of his vote, but he ought not to be allowed
to do so either directly or indirectly pending a similar
enquiry before a committee of the house. It he did so,
be rendered himself liable for contempt, and he (Mr.
But) considered the house should carry out the resolu-
tions of 1703. He should move, in addition to the motion
before the house, that the further consideration of the
case be adjourned till Monday, by which time the re•
turn he asked for would be made. The matter could then
go before a committee of privileges for decision. He
considered the bouse should act cautiously and solemnly
in a matter of this importance.
Sir G. GREY considered this a proper subject to be
brought under the notice of the house, and one in which
they should proceed cautiously and solemnly, and nit
ake sueh steps as would lead to inconvenience. He
moved as an amendment that the two petitions of Mr.
Somers be referred to a select committee to enquire into
their contents, and ascertain if the facts contained in
them involved a breach of the privileges of the house.
Mr. HILDYABD addressed the house at some
length. He quoted from various authorities to show
that there was not the slightest pretence for saying that
the proceedings instituted in the Irish Courts were a
breach of privilege.
Mr. .HENLEY approved of the course proposed by

the Home Secretary.
Mr. M'MAHON hoped the house would deliberately
set its face against interfering in this matter, and allow
the case to be disposed of in the usual manner.

After some further discussion,
Mr. BUTT asked the Attorney. General for Ireland
whether the statement wag true that the Crown Solicitor
_ . .

—on the part of the Crown—had sent up bills of indict-
ment against the Mayor of Sl.go.
The ATTORNEY-GENERAL for IRELAND said
he bad received no information as to the character of the
proceedings said to be pending in the Crown Court. The
only information be had on the subject was from the
newspapers, but he thought the information wrong,
because he gave the Crown solicitor instructions
not to proceed on the part of the Crown in
election cases except where a riot or assault, &C.,
had been committed. He thought he should be able to
stop the criminal proceedings pending the investigation
of the committee.
After some remarks from Sir W. HEATHCOTE,
The motion was withdrawn, and the amendment
agreed to without a division.
NEW MEMBER. _

Mr. MAnsuALL took the oaths and his seat for East
Cumberland.
LUNATICS (SCOTLAND) BILL.

The house went into committee on this bill.

Clauses 1 to 16, after a general discussion on the sub-
ject of a character similar to those that have so recently
taken place in the house, were agreed to with verbal
amendments.
ASSESSMENTS (SCOTLAND) BILL.
This bill was read a second time.
BANKING BILL.
- - -•

This bill was committed pro forma for the introduction
of certain amendments. _ _ .

-----____.
The other orders of the day for the morning sitting
were then disposed of.
The house then suspended its sittings at 4 o'clock, and
resumed at 6 o'clock.

[LEFT SITTING.]