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courts,

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.
mons is not to be received without the permission of the
house, unless they desire to give it; 2 and, according to the
usage of Parliament, no member is at liberty to give
evidence elsewhere in relation to any debates or proceedings
in Parliament, except by leave of the house of which he is

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.

the bar.

to take

Chapter to be put through the Speaker. When a witness is in the

custody of the Serjeant-at-arms, or is brought from any
prison in custody, it is the usual, but not the constant,
practice for the Serjeant to stand with the mace at the bar.
When the mace is on the Serjeant's shoulder, the Speaker
has the sole management; and no member may speak, or
even suggest questions to the chair.? In such cases, there-
fore, the questions to be proposed should either be put in
writing, by individual members, or settled upon motions in
the house, and given to Mr. Speaker before the prisoner is
brought to the bar. If a question be objected to, or if any
difference should arise in regard to the examination of a
witness, be is directed by the Speaker to withdraw, before a
motion is made, or the matter is considered. In committee
of the whole house, any member may put questions directly
to the witness. Where counsel are engaged, the examina-
tion of witnesses is mainly conducted by them, subject to
the interposition of questions by members; and where any
question arises in regard to the examination, the parties,

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
1 146 H. D. 3 s. 97 ; 150 ib. 1063. overruled.
2 2 Hatsell, 140.

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

seep

). 54

XVI.

is the practice to offer him a chair at the table, next to the Chapter chairman; where he may sit and answer his questions

covered.
Expenses of When a witness is summoned at the instance of a party,
witnesses. :

his expenses are defrayed by such party : but when sum-
moned for any public inquiry, to be examined by the house
or a committee, his expenses are paid by the paymaster-
general, under orders signed by the Clerk of the Parlia-
ments, the Clerk of the House of Commons, or by chairmen
of committees in either house. No witness residing in or
near London is allowed any expenses, unless he has
rendered special services to the committee. Every witness
should report himself to the committee clerk on his arrival
in London, or he will not be allowed his expenses for resi-
dence prior to the day of making such report. And full
particulars regarding the payments to witnesses must be
annexed to the report of the select committee before whom
the witnesses gave evidence.

The Lords have appointed a select committee to inquire
into the expenses that should be allowed to witnesses, and
have received their report in detail, before the items were
agreed to.3

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
XVI.

_ Army and Navy Estimates, and with the sanction of the
royal recommendation, a grant was made to provide for
the remuneration of accountants who might be employed
in behalf of the committee to examine and audit the
expense accounts of the army and navy manufacturing
departments.
* Parl. Paper, No. 239, sess. 1887, 142 0. J. 162. 271. 407; 143 ib. 95.96.

cation.

CHAPTER XVII.

Chapter

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
to other matters connected with the proceedings of Parlia-
ment. These are the modes of communication :-by mes-
sage ;-by conference;—by joint committees; and—by
select committees of both houses communicating with each
other (see p. 423). Communication by message and by

conference are considered in this chapter.
Messages. A message is the most simple and frequent mode of

communication ; it is daily resorted to, for sending bills
from one house to another; for requesting the attendance
of witnesses ; for the interchange of reports and other docu-
ments; and for communicating all matters of an ordinary
description, which occur in the course of parliamentary
proceedings. An important change in the form of sending
messages was introduced in 1855: but as the former prac-

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.
Messages The Commons sent messages to the Lords by one of their
from the
Commons own members (generally the chairman of the committee of
to the

ways and means, or a member who had charge of a bill),
who was generally accompanied by thirty or forty members.?

Inconvenience was caused by observance of these usages;
and in 1855, the present method of communication between

Lords to

mons.

Lords.

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.

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