HL Deb 17 April 1848 vol 98 cc396-7

The EARL of EGLINTOUN moved— That the matter of the Protest given in against the Vote of the Person assuming the Title of Lord Colville, or Lord Colville of Ochiltree, being received or counted at the meeting for the Election of Sixteen Peers of Scotland, holden at Edinburgh upon the 8th day of September, 1847, with a view to direct such Inquiry, and to make such order as to the House shall seem proper, and for the Lords to be Summoned.

Motion agreed to, when counsel for the party protested against were summoned to appear before the House.

Mr. Serjeant Holcomb appeared at the Bar accordingly, and was interrogated by the Lord Chancellor.

The LORD CHANCELLOR: Mr. Serjeant, do you appear as counsel for the person commonly called Lord Colville of Ochiltree?

Mr. Serjeant HOLCOMB: I appear here, my Lord, as counsel for Lord Colville of Ochiltree.

The LORD CHANCELLOR: It appears that at the last election of Representative Peers for Scotland that gentleman offered his vote under a protest. Application is now made to the House to institute an inquiry into the grounds of that protest; and the question I have to ask is whether you have any objection to urge against that course?

Mr. Serjeant HOLCOMB was proceeding to call the attention of their Lordships to the details of the Act of last Session under which the present proceedings were founded, when

LORD CAMPBELL reminded the learned Serjeant that the question at present to be considered was, whether he had any objection to urge against the House proceeding to consider the protest.

Mr. Serjeant HOLCOMB said, he did not object to the protest being considered.

LORD CAMPBELL said, that the Order of the House would be made under the Act of Parliament to which the learned Gentleman referred.

The LORD CHANCELLOR: As you do not object to the protest, that is all we require of you. The case must not be further argued at present.

The learned counsel then retired.

The LORD CHANCELLOR said, that the regular course of proceeding was to appoint a Committee of Privilege, to whom the protest should be referred.

The Motion for the appointment of a Committee of Privilege, to meet on Monday, the 15th day of May next, was then put and agreed to, when Mr. Serjeant Holcomb was again called in, and informed of the decision of the House, and told that he should have due notice of the appointment of the Committee.