The Sun.
London, England, 1857-07-17 00:00:00

protracted sittings of the committee (though it did his
attendance to the ordinary Parliamentary duties), and
he asked to be relieved from serving on the committee
in consequence.
After a discussion whether the question rested with
the house or the general committee on elections,
The ATTORNEY-GENERAL said that if Sir E.
Dering attended at the table of the house to be sworn,
and assigned reasons against doing so similar to those
centained in his letter, it would then be competent
for the house to hear evidence at the bar relative to those
reasons and judge of their sufficiency. Sir E. Dering
then being present it would be in the power of the house
to dispense with his attendance. If that course were
not followed it would be difficult to determine whether
in reality the whole of the committee should not be
taken to bo discharged, and the general committee of
elections proceed to strike another committee.
Sir E. DERING rose and addressed the hop. He
said lie had no wish to shrink from the ordinary duties of
the house, or those of an ordinary election petition, but as
this petition involved a scrutiey, and the consideration
of 240 individual cases, he doubted if his health would
permit him to undertake the physical exsrtion of a pro-
tracted daily attendance, and in conequence he thought
it better to make the communication he had to the
Speaker.
Dr. Latham was called to the bar of the house, and
examined by the Speaker. Ho said, that his present
opinion wee, that Sir E. Dering bad begun to show
inarrnititee similar to which sent him abroad last year.
The exe:tions necessary to a daily protracted sitting
woul I be prejudicial to his health, and he considered
him phy,ioally incapable of discharging the duties of a
com i t teeman

Sir G. GREY reg►ette I that Sir E. Derinc, had not
been sworn to tne above evidence given, and Sr E. Dering
txcused his attendance, even at the inconvenience of the
committee proceeding with only four members instead
of the house adopting what he (Sir G. Grey) considered
an irregular proceeding. . . _

The attendance of Sir E. Daring was then dispensed
with, and the order for the coiniiiitreP diebarged.
THE CASE OF MR. MERRY, M.P.

Mr, COBBETT, in pursuance of the notice given by
him yesterday, in presenting a petition from Mr. Merry,
M.P., relative to a petition against his return for Falkirk
Burghs, moved that instructions be given to the com-
mittee of the General Elections Committee to appoint
a select committee of five members to consider Mr.
Alt rry's case, and that the committee have power to send
for persons, papers, and records.
Sir -G. GREY said that, assuming the facts to be
true, Mr. Merry bad not adopted the proper course.
The act prescribed in such cases, that within ten
days after the lodgment of the petition the sitting mem-
ber should go before the examiner of petitions, who at
the expiration of that time would give five days' notice
to the parties to attend before him and enter into the
cive. Instead of that, Mr. Merry had delayed moving
in the matter till the day before the members of the com-
mittee were to be sworn. He thought the committee
must be sworn and the petition against the return pro-
ceeded with.

Mr. WALPOLE con,id.•red there was no ground for
the motion before the houie.
Atter some remarks from Sir W. HEATHCOTE.

Mr. COBBETT said this was not a question of recog-
nisances, but of petition or no petit.on, and as the house
appeared to be against the motion be would not press it.
The motion wee accordingly withdrawn.
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 th 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
26th 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 question.
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 had just been read. An elector had a
right to bring an action 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. If he did so,
he rendered himself liable for contempt, and he (Mr.
Butt) considered the house should carry out the resolu-
tipns 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 house 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 not
tak• such 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 ins, lyed a breach of the privileges of the house.

Mr. HILDYAttD addressed the house at some
length. He quoted from various authorities to show
that there wag riot 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 Homo 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 mariner.

After some further discussion,
Mr. BUTT asked the Attorney-General for Ireland
whether the statement was true that the Crown Solicitor
—on the part of the Crown—had sent up bills of indict-
ment against the Mayor of Sligo!
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 he 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. HEA.THCOTE,
The motion was withdrawn, and the amendment
agreed to without a division.

NEW MEMBER.

Mr. MARSHALL 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 cournated pro forma for the introduction
of certain amend me). ta.

The other orders of the day for the morning aittir g
were then disposed of.
The house then suspended its eittings at 4 o'clock, and
resumed at 6 ~'clock.