XVI. parties to a suit who desire to produce such evidence, or any Chapter 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).1 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 courts. evidence of members of proceedings in the House of Commons 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.3 members in Examina tion of wit. nesses at the bar. When a witness is examined by the House of Commons, Attendance of shortor by a committee of the whole house, he attends at the hand writer to take bar, which is then kept down. If the witness be not in 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: 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, 3 18 H. D. 2 s. 968-974. 2 Hatsell, 140; but see 2 C. J. 5 &c. 2 Chubb v. Salomons, 3 Carrington & Kirwan, 75. 26. $ 1 ib. 536. XVI. Chapter to be put through the Speaker.1 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.2 In such cases, therefore, 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, he 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 examination 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 of members see p. 64. 4 lords of Members of the house are always examined in their Members, by order of places; and peers, lords of Parliament, the judges, and Parlia the house, the lord mayor of London, have chairs placed for them ment, &c. 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. 6 When a peer is examined before a select committee, it Expenses of witnesses. XVI. is the practice to offer him a chair at the table, next to the Chapter When a witness is summoned at the instance of a party, 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 10,000l.) should be paid out of the revenue of the United Kingdom.* 1 See Report, 1840, No. 555. Artisans, mechanics, and other persons of the poorer classes residing in or near London, have been paid, however, the equivalent of the wages or earnings necessarily lost by them by their attendance as witnesses, see report of select committee on Government Contracts (Fair Wages Resolution), Parl. Paper, sess. 1897, No. 93, p. xxv. 2 A witness is allowed his actual travelling expenses, and for every day or part of a day that he is necessarily kept from home, at the following rates, viz. a barrister, physician, civil engineer, or architect, 31. 3s.; a solicitor, surgeon, or land surveyor, Parl. Paper, No. 194, sess. 1873. Chapter Upon a special report from the select committee on the 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.1 1 Parl. Paper, No. 239, sess. 1887, 142 C. J. 162. 271. 407; 143 ib. 95.96. Different modes of communi cation. CHAPTER XVII. COMMUNICATIONS BETWEEN THE LORDS AND THE COMMONS. Chapter Table of duction. THE two houses of Parliament have frequent occasion to see Intro- Messages. A message is the most simple and frequent mode of Lords to mons. Messages from the to the Lords. Inconvenience was caused by observance of these usages; and in 1855, the present method of communication between 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 * D'Ewes, 447; Order and Course |