§ Lord G. Somersetreported from the general committee of elections the names of the members of the select committee appointed to try and determine the merits of the petition complaining of an undue election and return for the borough of Wigan, as follow;—The Earl of Lincoln, Mr. H. Tufnell, Mr. H. Kemble, Mr. R. Scott, Mr. F. A. M'Geachy, the hon. H. T. Howard, and Mr. Benjamin Hawes, (chairman.)
On calling over the names of the Mem- 758 bers preparatory to their being sworn at the Table, it was found that the hon. H. T. Howard was absent.
§ Lord G. Somersetmoved—
That the clause in the Election Petition Act relative to the attendance of Members appointed to try and determine the merits of petitions against alleged undue returns of Members to sit in that House be read.The clerk read the clause, which set forth,That any Member appointed to sit on an election petition, who shall not attend in his place one hour after the House meets, and take the oaths, or who shall depart from the House, unless the petition be discharged, shall be ordered to be taken into custody of the Sergeant-at-Arms, or otherwise punished or censured as the House may direct, unless it be verified on oath that such Member, by sudden accident, has been prevented from attending.
§ Lord G. Somersetwished to know before he made the motion which he meant to propose, whether any hon. Member could inform the House of the cause which occasioned the absence of the hon. Mr. H. T. Howard?
§ Mr. Tufnell said,he believed that it was the intention of the hon. Member to have been in his place at the proper time, and most probably he was then on his way to the House. He hoped, therefore, that the noble Lord would not press his motion at present.
§ Lord G. Somersetsaid, that as the act was imperative, its letter and spirit must be followed out; and he should, therefore move, that the hon. H. T. Howard be taken into the custody of the Sergeant-at-Arms.
§ Motion agreed to.