Lords XV.. committee in the house in which it originates is now Chapter The circumstances and manner in which certain bills It is the custom that the Lords should propose the time. pose time and place of meeting, whether the committee be first always pro and place of meeting. and Consolidation Bills, 149 ib. 33; 150 ib. 95; 151 ib. 43; 152 ib. 27; Anne's Bounty Board, 155 ib. 275; 1 147 ib. 165, 175. In the case of Chapter desired by the Lords or by the Commons; and the com- committee accordingly, and they agree in the appointment man's vote. The practice of the House of Lords, which empowers the The chairchairman of a committee to vote like the other members, without a casting vote, and establishes that, if the votes of the committee are equal, the question is decided in the negative (see p. 411), is followed by a joint committee.1 tions. An instruction to a joint committee is governed by the Instruc rules which regulate instructions to committees of the whole house (see p. 478), and cannot, therefore, be drawn in a mandatory form, or to endow the committee with powers already possessed thereby. A joint committee has the same power of swearing witnesses as committees sitting separately, in the usual manner.2 mittees each other. In former times, committees of both houses have been Select com-put in communication with each other. In 1861, also, communipower was given to the select committee on the business cating with of the house to communicate, from time to time, with a select committee of the House of Lords upon the same subject.1 added to the committee in respect Despatch of Public Business, Bill, Parl. Paper, sess. 1902, No. 222, 2 Railway Amalgamation Bills 3 In 1794, Corresponding Societies, 49 C. J. 619. 620; in 1801, State of Ireland, 66 ib. 287. 291. 116 ib. 77; 93 L. J. 13. moned by the Lords. CHAPTER XVI. WITNESSES AND PARLIAMENT. Chapter Table of Contents, duction. How sum- WITNESSES summoned to give evidence before the House of see IntroLords, or any committee of the whole house, are ordered to attend at the bar on a certain day, to be sworn; and they are served with the order of the house, signed by the Clerk of the Parliaments. And if a witness be in the custody of a keeper of a prison, the keeper is ordered to bring him up in custody, in the same manner.1 If the house have reason to believe that a witness is purposely keeping out of the way, to avoid being served with the order, it has been usual to direct that the service of the order at this house shall be deemed good service. If, after such service of the order, the witness should not attend, he is ordered to be taken into custody: 3 but the execution of this order is sometimes stayed for a certain time. If the officers of the house do not succeed in taking the witness into custody by virtue of this order, the last step taken is to address the Crown to issue a proclamation, with a reward for his apprehension.5 Peers, &c., how sum moned. Witnesses summoned by the Commons. When the evidence of peers, peeresses, or lords of Parliament has been required, the lord chancellor has been ordered to write letters to them, desiring their attendance to be examined as witnesses: but they ordinarily attend and give evidence without any such form. When the attendance of a witness is desired, to be examined at the bar, by the House of Commons, or by a committee of the whole house, he is simply ordered to attend at a stated time; and the order, signed by the Clerk of the house, is served upon him personally, if in or near 168 L. J. 513. 558. 266 ib. 295, 358. 3 Ib. 400. • Ib. 358. 5 Ib. 441. 442. • Ib. 144. 778 C. J. 240; 91 ib. 338. documents privilege, Chapter London; and if at a distance, it is forwarded to him by the XVI. Serjeant-at-arms, by post, or, in special cases, by a Refusal to messenger. If the order for the attendance of a witness. produce be disobeyed, he may be ordered to be sent for in custody a breach of of the Serjeant-at-arms, and Mr. Speaker be ordered to see p. 406. issue his warrant accordingly; or he may be declared guilty of a breach of privilege, and ordered to be taken into the custody of the Serjeant.2 Any person, also, who aids or abets a witness in keeping out of the way, is liable to a similar punishment. When the Serjeant has succeeded in apprehending such persons, they have generally been sent to Newgate for their offence.3 committees, 4 If a witness whose attendance is desired by the house or Witnesses If a witness should be in custody, by order of the p. 825. com The attendance of a witness to be examined before a By select select committee is ordinarily secured by an order signed mittees. by the chairman, by direction of the committee: but if any person should neglect to appear when summoned in this manner, his conduct is reported to the house, and an order is made for his attendance at the bar of the house." If, in the mean time, he should appear before the committee, it is usual to discharge the order for his attendance : 195 C. J. 58. 2106 ib. 48, &c. 3 90 ib. 330. 343. 344. 10 ib. 476; 82 ib. 464; 86 ib. 795; 93 ib. 210. 353; 96 ib. 193; 97 ib. 227; 99 ib. 89; 126 ib. 228; 157 ib. 318. 11 ib. 296. 305; 15 ib. 376; 19 ib. 461. 462; 21 ib. 356. 926. 6 A witness who has been reported to the house for his failure to attend a select committee has been ordered by the house to attend the committee, 120 ib. 180. 791 ib. 352. Witnesses but if he still neglects to appear, he is dealt with as in the Chapter other cases already described. XVI. When witnesses have absconded, and cannot be taken Procedure absconding into custody by the Serjeant-at-arms, addresses have been thereon, see p. 571. presented to the Crown for the issue of proclamations, with rewards for their apprehension.1 Attendance If the evidence of a member be desired by the house, or of mem- a committee of the whole house, he is ordered to attend in required. his place on a certain day. But when the attendance of a of mem member as a witness is required before a select committee, 4 There has been no instance of a member persisting in a refusal to give evidence: but members have been ordered by the house to attend select committees. In 1731, Sir Archibald Grant, a member, was committed to the custody of the Serjeant-at-arms, "in order to his forthcoming to abide the orders of the house," and was afterwards ordered to be brought before a committee, from time to time, in the custody of the Serjeant.5 On the 28th June, 1842, a committee reported that a member had declined complying with their request for his attendance. A motion was made for ordering him to attend the committee, and give evidence but the member having at last expressed his willingness to attend, the motion was withdrawn." Attendance If the attendance of a peer should be desired, to give bers of the evidence before the house, or any committee of the House of Commons, the house sends a message "to the Lords, to other house. 175 C. J. 419; 82 ib. 345, &c. 2 61 ib. 386; 64 ib. 17; 65 ib. 21. 30, &c. 3 10 ib. 51. 19 ib. 403. 5 21 ib. 851. 852. 697 ib. 438. 453. 458; see also Report of Precedents, from select committee, Parl. Paper, No. 392, sess. 1842. 782 C. J. 394; 88 ib. 173. 179. |