leave no committee of the commons may sit during the sitting of the house, nor after any adjournment for a longer period than till the next day. By a sessional order

of the commons, it is ordered,

"That the serjeant-at-arms attending this house do, from time Prayers. to time, when the house is going to prayers, give notice thereof to all committees; and that all proceedings of committees in a morning, after such notice, be declared to be null and void."

In order to avoid any interruption to urgent business before committees, leave is frequently obtained, on the meeting of the house, for a committee to sit till five o'clock; and on Friday night leave is given, when necessary, to a committee to sit on Saturday, notwithstanding the adjournment of the house.

The evidence of the witnesses examined before a select committee is taken down in short-hand, and, in the commons, printed daily for the use of the members of the committee. A copy of his own examination is also sent to each witness for his revision, with an instruction that he can only make verbal corrections; as corrections in substance must be effected by re-examination. The corrected copy should be returned without delay to the committee clerk. Neither the members nor the witnesses to whom these copies are entrusted, are at liberty to publish any portion of them, until they have been reported to the house. On the 21st April 1837, it was resolved by the commons,

"That according to the undoubted privileges of this house, and for the due protection of the public interest, the evidence taken by any select committee of this house, and documents presented to such committee, and which have not been reported to the house, ought not to be published by any member of such committee, nor by any other person."

Any publication of the report of a committee before it has been presented to the house, is treated as a breach of privilege.

On the 31st May 1832 complaint was made of the publication

192 Com. J. 282.

Printed minutes of evi

dence.

To report from time to time.

of a draft report of a committee in a Dublin newspaper: the proprietor admitted that he had sent the copy, and stated that he was willing to take the responsibility upon himself; but must decline to give information which might implicate any other person. He was accordingly declared guilty of a breach of privilege, and committed to the custody of the serjeant.'

It is the general custom to withhold the evidence until the inquiry has been completed, and the report is ready to be presented; but, whenever an intermediate publication of the evidence, or more than one report, are thought necessary, the house will grant leave, on the application of the chairman, for the committee to "report from time to time," or to “report minutes of evidence" only, from time to time.2

How sumioned by the lords.

CHAPTER XV.

WITNESSES: MODES OF SUMMONS AND EXAMINATION:
ADMINISTRATION OF OATHS: EXPENSES.

ALL witnesses who are summoned to give evidence before the House of Lords, or any of the lords' committees, 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 assistant 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 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 his 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 ;4

manner.

3

187 Com. J. 360.

3 66 Lords' J. 295. 358.

2 74 Lords' J. 80, &c. 92 Com. J. 18. 167, &c.

4 66 Lord's J. 400.

but the execution of this order is sometimes stayed for a
If the officers of the house do not succeed

certain time.'
in taking the witness into custody, by virtue of this order,
the last step taken is to address the Crown to issue a pro-
clamation, with a reward for his apprehension.2

summoned.

When the evidence of peers, peeresses, or lords of Par- Peers, &c. how liament is required, the lord chancellor is ordered to write letters to them, desiring their attendance to be examined as witnesses.3

When the attendance of a witness is desired, to be examined at the bar by the House of Commons, or 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 London, and if at a distance, it is forwarded to him by the serjeant-at-arms by post, or, in special cases, by a messenger. If he should be in the custody of the keeper of any prison, the speaker is ordered to issue his warrant, which is personally served upon the keeper by a messenger of the house, and by which he is directed to bring the witness in his custody to be examined. If the order for the attendance of a witness be disobeyed, or if parties abscond, in order to avoid being served with a speaker's warrant, they are ordered to be taken into the custody of the serjeant-at-arms. 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 are generally sent to Newgate for their offence.8

Witnesses sum

moned by the

commons.

committees.

All witnesses intended to be examined before an election By election committee, are summoned, before the appointment of the committee, by a speaker's warrant, on the application of the parties, without any special order of the house in

By select committees.

Witnesses absconding.

Attendance of members, how required.

each case, but under a general order, given when the petition is presented, "that Mr. Speaker do issue his warrant for such persons, papers, and records as shall be thought necessary by the several parties, on the hearing of the matter of the said petition." Disobedience to a speaker's warrant, issued by virtue of this general order, has always been punished in the same manner as disobedience to a special order of the house.' After the appointment of an election committee, the witnesses are summoned by orders signed by the chairman.2

The attendance of a witness to be examined before a select committee is ordinarily secured by an order signed by the chairman, by direction of the committee; but if a party should neglect to appear when summoned in this manner, his conduct is reported to the house, and an order is immediately made for his attendance. If, in the meantime, he should appear before the committee, it is usual to discharge the order for his attendance;" but if he still neglect to appear, he is dealt with as in the other cases. already described. The attendance of a witness before a committee on a private bill can only be enforced by an order of the house.4

When witnesses have absconded, and cannot be taken into custody by the serjeant-at-arms, addresses have been presented to the Crown for the issue of proclamations, with rewards for their apprehension."

If the evidence of a member be desired by the house, or a committee of the whole house, he is ordered to attend. in his place on a certain day. But when the attendance of a member is required before a select committee, it is the custom to request him to come, and not to address a summons to him in the ordinary form. The proper course to be adopted by committees, in reference to members, has

82 Com. J. 351.

2 4 & 5 Vict. c. 58, s. 74. 391 Com. J. 352. 5 75 Ib. 419. 82 Ib. 345.

4 98 Ib. 152, 153, 174, 279, 288.

6 61 Ib. 386. 64 Ib. 17. 65 Ib. 21. 30, &c.

been thus laid down by two resolutions of the commons, of the 16th March 1688:

"That if any member of the house refuse, upon being sent to, to come to give evidence or information as a witness to a committee, the committee ought to acquaint the house therewith, and not summon such member to attend the committee."

"That if any information come before any committee that chargeth any member of the house, the committee ought only to direct that the house be acquainted with the matter of such information, without proceeding further thereupon."

There has been no instance of a member persisting in a refusal to give evidence before a committee, but members have been ordered by the house to attend select committees.2

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.

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.3

If the attendance of a peer should be desired, to give evidence before the house, or any committee of the House of Commons, a message is sent "to the lords to request that their lordships will give leave to the peer in question to attend, in order to his being examined." If the peer should be in his place when this message is received, and he consents, leave is immediately given for him to be examined, if he think fit. If not present, a message is returned on a future day, when the peer has, in his place, consented to go." Exactly the same form is observed by

110 Com. J. 51. 2 19 Ib. 403. 3 21 Ib. 851, 852. 4 97 Ib. 438. 5 97 Ib. 438. 453. 458. See also Report of Precedents, ib. 449.

6 The jealousy of the House of Lords of the attendance of its members in the House of Commons, is shown by the following standing orders; which, though not immediately applicable to them as witnesses, may be noticed in passing.

25th November 1696. "That no lord of this house shall go into the House

R

Attendance of

members of the

other house.