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parties to a suit who desire to produce such evidence, or any Chapter
XVI. other document in the custody of officers of the house, in a _ court of law, petition the house, praying that the proper officer may attend, and produce it; and the term “proper officer” includes an official shorthand writer (see p. 199). The motion for leave may be moved without previous notice (see p. 245). During the recess, however, it has been the practice for the Speaker, in order to prevent delays in the administration of justice, to allow the production of minutes of evidence and other documents, on the application of the parties to a private suit. But should the suit involve any question of privilege, especially the privilege of a witness, or should the production of the document appear, on other grounds, to be a subject for the discretion of the house itself, he will decline to grant the required authority. During a dissolution the Clerk of the house sanctions the
production of documents, following the principle adopted Evidence of by the Speaker. It has been held by the courts, that the members in
evidence of members of proceedings in the House of Com.
a member. Examina. When a witness is examined by the House of Commons, Attendance tion of wit.
of shortnesses at or by a committee of the whole house,4 he attends at the Kand writer bar, which is then kept down. If the witness, be not in to
minutes, custody, the mace remains upon the table; when, according see p. 414, to the strict rule of the house, the Speaker should put all the questions to the witness, and members should only suggest to him the questions which they desire to be put: 5 but, for the sake of avoiding the repetition of each question, members are usually permitted to address their questions directly to the witness, which, however, are still supposed
1 106 C. J. 212. 277; 107 ib. 291, 318 H. D. 2 s. 968-974. &c.
"2 Hatsell, 140; but see 2 C. J. 2 Chubb v. Salomons, 3 Carring. 26. ton & Kirwan, 75.
si ib. 536.
Chapter to be put through the Speaker. When a witness is in the
custody of the Serjeant-at-arms, or is brought from any
counsel, and witnesses are directed to withdraw. Attendance Members of the house are always examined in their Members, of members öy order of places ; 4 and peers, lords of Parliament, the judges, and Parliathe house,
ment, &c. the lord mayor of London, have chairs placed for them within the bar, and are introduced by the Serjeant-at-arms.5 Peers sit down covered, but rise and answer all questions uncovered. The judges and the lord mayor are told by the Speaker that there are chairs to repose themselves upon; which is understood, however, to signify that they may only rest with their hands upon the chair backs.
When a peer is examined before a select committee, it
5 The same forms are observed 32 Hatsell, 142, and n.
when a peer desires to address the + “Agreed that members ought house, as in the case of Viscount not to be brought to the bar unless Melville, 11th June, 1805, 5 H. D. they are accused of any crime,” 10 250; and Duke of Wellington, 1st C. J. 46. On the 12th Jan. 1768, July, 1814; Abbot's Speeches, 84 ; Wilkes being brought to the bar in 2 Lord Colchester's Diary, 6-8. custody, objected that he could not 62 Hatsell, 149, where all these appear there without having taken forms are minutely described. the oaths : but his objection was
is the practice to offer him a chair at the table, next to the Chapter chairman; where he may sit and answer his questions
his expenses are defrayed by such party : but when sum-
The Lords have appointed a select committee to inquire
In 1873, the East India Finance committee resolved that the expenses of witnesses coming from India (not exceeding 10,0001.) should be paid out of the revenue of the United Kingdom.
i See Report, 1840, No. 555. Solicitor, surgeon, or land surveyor, Artisans, mechanics, and other per. 21. 2s.; à clergyman, or non-pro. sons of the poorer classes residing fessional gentleman, 11. 1s.: a mein or near London, have been paid, chanic, &c., 10s. Special allowances however, the equivalent of the wages have also been made to defray the or earnings necessarily lost by them expenses of official substitutes. by their attendance as witnesses, 3 62 L. J. 910. see report of select committee on + Parl. Paper, No. 194, sess. 1873. Government Contracts (Fair Wages The treasury declined to act on this Resolution), Parl. Paper, sess. 1897, resolution; see Mr. Law's letter, No. 93, p. XXV.
appendix to Report, p. 9. The ? A witness is allowed his actual treasury sanctioned, sess. 1891, on travelling expenses, and for every application from the committee on day or part of a day that he is neces. British and Foreign Spirits, a paysarily kept from home, at the follow ment of 1051. to two witnesses for ing rates, viz. a barrister, physician, work done for the committee. civil engineer, or architect, 31. 38.; a
Chapter Upon a special report from the select committee on the
_ Army and Navy Estimates, and with the sanction of the
XVII. COMMUNICATIONS BETWEEN THE LORDS AND THE COMMONS. Table of
Contents, Different The two houses of Parliament have frequent occasion to see lotromodes of communi
communicate with each other, not only in regard to bills communi.
which require the assent of both houses, but with reference
conference are considered in this chapter.
communication ; it is daily resorted to, for sending bills
tice is still recognized by the orders of both houses, it may From the be convenient to describe it. Prior to 1847, the Lords the Com. sent messages by the masters in chancery, their attendants,
or, on special occasions, by their assistants, the judges.
ways and means, or a member who had charge of a bill),
Inconvenience was caused by observance of these usages;
1 Messages touching bills relating to the Crown or royal family were formerly sent to the Commons by two judges, 80 C. J. 573 ; 86 ib. 514. 805. The last occasion when the Lords observed this custom took place in
the year 1871, Princess Louise's Annuity Bill, 126 ib. 57.
: D'Ewes, 447; Order and Course of Passing Bills in Parliament, 4to, 1641.