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parties to a suit who desire to produce such evidence, or any Chapter
production of documents, following the principle adopted
mons is not to be received without the permission of the
a member.3 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 hand writer the bar. bar, which is then kept down. If the witness be not in to
10 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, 3 18 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.
3 1 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 by order of places ; 4 and peers, lords of Parliament, the judges, and Parlia.
ment, &c. see p. 64. the lord mayor of London, have chairs placed for them"
within the bar, and are introduced by the Serjeant-at-arms."
When a peer is examined before a select committee, it
1 146 H, D. 3 s. 97; 150 ib. 1063.
• “Agreed that members ought
5 The same forms are observed when a peer desires to address the house, as in the case of Viscount Melville, 11th June, 1805, 5 H. D. 250; and Duke of Wellington, 1st July, 1814 ; Abbot's Speeches, 84; 2 Lord Colchester's Diary, 6-8.
62 Hatsell, 149, where all these forms are minutely described.
is the practice to offer him a chair at the table, next to the Chapter
XVI. 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. 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.
? 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 follow. ing rates, viz. a barrister, physician, civil engineer, or architect, 31. 38.; a
Solicitor, surgeon, or land surveyor, 21. 2s.; a clergyman, or non-professional gentleman, 11. 1s. ; a mechanic, &c., 10s. Special allowances have also been made to defray the expenses of official substitutes.
3 62 L. J. 910.
• Parl. Paper, No. 194, sess. 1873. The treasury declined to act on this resolution; see Mr. Law's letter, appendix to Report, p. 9. The treasury sanctioned, sess, 1891, on application from the committee on British and Foreign Spirits, a payment of 1051, to two witnesses for work done for the committee.
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 Parl. Paper, No. 289, sess. 1887, 142 0. J. 162. 271. 407; 143 ib. 95.96.
COMMUNICATIONS BETWEEN THE LORDS AND THE COMMONS. Table of
Contents, rent The two houses of Parliament bave frequent occasion to see Intromodes of
communicate with each other, not only in regard to bills
to other matters connected with the proceedings of Parlia-
A message is the most simple and frequent mode of
tice is still recognized by the orders of both houses, it may From the be convenient to describe it. Prior to 1847, the Lords Lords to 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
S own members (generally the chairman of the committee of
ways and means, or a member who had charge of a bill), Lords.
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
Commons to the
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.