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Exemption of Members of Parliament from Arrest. he stood when he voted. The matter was re- mons of Great Britain for the time being, ferred to the mayor, and the poll was altered. to be arrested or imprisoned upon any The other instance was that of Henry Corderoy, such suit or proceedings.” There is a who came to the polling place and voted for similar reservation in the Uniformity of *Russell and Talfourd.' Having done this, a

Process Act, (2 Will. 4, c. 39.) Mr. Evans who polled at the same time took

Blackstone states somewhát vaguely, him back about three feet from the polling

“ for forty place, and made some remark to him, when that a commoner is privileged the voter came back to the polling place and days after every prorogation, and forty said that he had made a mistake in polling days before the next appointed meeting; for Russell and Talfourd, and that he meant to which is now in effect as long as the par, have voted for Palmer and Talfourd.' It was liament subsists, it seldom being prostated that the poll could not be altered; but upon Mr. Weeden, an agent of Mr. Palmer, rogued for more than fourscore days at a

time.” Tidd cites this passage from saying it was allowable to alter the poll if the party had not left the booth, the polling-clerk, Blackstone, and introduces it thus : – in the absence of the mayor, altered the poll. the law and custom of parliament, mem. The poll-clerk in his evidence represented the bers of the House of Commons are privote given for Russell to have been recalled vileged from arrest, not only during the almost instantaneously, but admitted it to have actual sitting of parliament, but for a conbeen entered on the poll. In both these in- venient time, sufficient to enable them to stances the committee refused to alter the poll, thus giving effect to the alterations that had come from and return to any part of the been made by the poll-clerks.

kingdom before the first meeting, and

after the final dissolution.” We are not As usual at a general election where the

aware that it has ever been expressly decontests have been numerous and severe, termined how long the privilege endures an appeal to the house is threatened in after a dissolution, but the existence of several instances. We shall, therefore, the privilege was distinctly recognized in endeavour to furnish our readers with a Holiday v. Pitt. In that case it appears short summary of the law and practice in the parliament was prorogued on the 16th regard to election petitions at the earliest day of the month, and dissolved on the opportunity.

17th. The defendant, Colonel Pitt, was

arrested on the 20th, and applied to the EXEMPTION OF MEMBERS OF King's Bench for his discharge, on the PARLIAMENT FROM ARREST.

ground that members had a privilege redeundo after the dissolution, and that the

arrest was within such time of privilege. The privilege of members and ex-mem. In argument, it was suggested that the bers of parliament from arrest in civil privilege subsisted for forty days after the actions is a subject on which some mis

parliament; but it was admitted, that the understanding exists, and which is a good House of Commons had always avoided deal canvassed, in more than one part of

answering the question, and had left it at the united kingdom. The exemption is large to a convenient time of which themclearly and expressly recognised by seve selves were the judges. Therefore, in ral statutes, but the extent of the privi- the case of Mr. Marlin in 1586, who was lege is not very clearly defined in any arrested twenty days before the meeting case.

of parliament, the house resolved they Before the 12 & 13 Will. 3, c. 3, mem- would not limit the time, but that the bers of parliament held themselves to be twenty days were within a convenient time, privileged not merely froni arrest, but and that therefore Mr. Martin should be from being sued. By that statute, par. discharged. Colonel Pitt's case ties were enabled to sue peers and mem- argued at great length, before all the bers of parliament while the parliament judges at Serjeants' Inn, and they deterwas not actually sitting; but a reserva-'mined that he was entitled to privilege retion was made of their right to immunity deundo for a convenient time, and that withfrom personal arrest. The stat. 10 Geo. in that time he was arrested. He was 3, c. 50, allows suits against members therefore discharged out of custody. whilst the house is sitting, as well as The only authority cited for the sugduring the recess of parliament, but expressly provides, that nothing therein contained shall extend to subject the person

n i Blac. Com. p. 165. of any member “ of the House of Com-Comyn's R. 444.

• 2 Stra. 985; Cas. Tun. Hard, 28, 37 ; 2

was

SUO

Exemption of Members of Parliament from Arrest-Common Law Practice. 337 gestion, that the privilege continues for Court of Common Pleas, in a case very reforty days after a dissolution, is a case of cently reported.? The Earl of Athol v. The Earl of Derby, The plaintiff, (Walbank,) an officer of touching the privilege of peers, and how the Sheriffs of London, claimed from the long it lasts. It appears, that by two defendant, who is an attorney, three orders of the House of Lords, dated re- guineas, the amount of certain fees al. spectively the 28th May, 1624, and the leged to be due to him for the execution of 27th Jan., 1628, they declare their privi- three warrants from the Sheriffs of London, lege commences from the teste of their which were directed to the plaintiff at the writ of summons to parliament; and that defendant's instance. The question was, upon every session and prorogation, their whether the defendant was personally reprivilege is for twenty days before, and sponsible for those fees? twenty days after each session, which the For the defendant, it was submitted, that order says is time enough for them to the action should have been brought against come from all parts of the realm, and to re- the client, and not against the attorney, turn. The reporter adds :—" But it is who was merely the agent of the principal said the Commons never assented to this, directed by the principal himself. The but claim forty days after and before each decision of the Court of Exchequer, in sessions." So in the Cot. Records, 704, Robins v. Bridge, was relied upon in supit is said, that “the Commons claim privi- port of this view. In that case it was said, lege forty days before and forty days after by Abinger, C. B., that “the attorney does every session ; but the Commons never not make himself liable for anything, unless have ascertained the time of their privi. it is for those charges which he is himself lege."

bound to pay, and for which he makes a The case in Levinz was determined so charge;" and it was expressly holden in far back as Michaclmas Term, 24 Car. 2 ; that case, that the attorney was not reand it will be observed that Colonel Pitt's sponsible to a witness for expenses, for it

was heard in Michaelmas Term, 7 was said, that the witness had no dealing Geo. 2, long before the passing of the stat. with the attorney, but gave his evidence 10 Geo. 3, c. 50, above cited, which re- for the party to whom and by whom the stricts the exemption from arrest to mem- obligation was incurred. bers of the House of Commons " for the The court thought the case of a bailiff time being." It may be deserving of con- resembled much more that of an officer of sideration, therefore, whether a member of the court than that of a witness. But the late parliament has any privilege from authorities were not wanting to show that arrest since the dissolution ? The privi- the attorney was liable. In Townshend v. lege of newly elected members, for forty Carpenter, a sheriff's officer, employed by days before the day appointed for the an attorney to make arrests on mesne prositting of parliament, stands upon a some- cess, was allowed to recover against the what differeut footing ; but, as already ob- attorney; and in Forster v. Blakelock, served, the authority for this proposition is Abbott, C. J., expressly laid it down, that by no means satisfactory.

the officer was entitled to claim the sum As most of our readers are aware, the usually allowed from the attorney by whom new parliament is summoned for Tuesday, he is employed, and was not bound to look the 21st of September next, which is forty to the party of whom he knew nothing. days from Thursday the 12th August. Upon these grounds, a verdict taken for

the plaintiff was sustained.

case

COMMON LAW PRACTICE.

NEW STATUTES EFFECTING ALTERA

TIONS IN THE LAW.

ATTORNEYS' LIABILITY FOR BAILIFFS'

CHANCERY AFFIDAVIT OFFICE.
FEES.

10 & 11 Vict. c. 97.* The question, whether the attorney or

An Act for the Discontinuance of the Attendthe client is liable to the bailiff for the fees

ance of the Masters in Ordinary of the High usually allowed on taxation for the execu

9 Walbank v. Quarterman, 3 Com. B. 94. tion of process, was determined by the 1 3 Mees. & W. 114. Ry. & M. 314.

5 B. & Cres. 328.

a This act is to take effect from the 10th P Repoted 2 Levinz, 72.

August, 1847.

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338

New Statutes effecting Alterations in the Law, Court of Chancery in the Public Office, and hereby appointed the second assistant clerk of for transferring the Business of such Public affidavits under this act, and that the salary or Office to the Affidavit Office in Chancery. remuneration he shall receive under the pro[July 22, 1847.]

visions of this act shall be and the same is 1. Attendance of Masters in Ordinary in Chan- hereby declared to be in lieu of and as compencery discontinued.- Whereas by an act passed sation for the loss sustained by him in respect in the 13th year of his late Majesty Charles the of the fees hitherto received by him as clerk of 2nd, it was amongst other things enacted, that the said public office : Provided always, and it from and after the 23rd day of October, 1661, is hereby declared, that this act shall not take there should be one public office kept as near away, diminish, or in any way prejudice the the Rolls as conveniently might be, in which rights and interests of William Thodey Smith the Masters in ordinary, or one of them, to and in the compensation granted, awarded, should constantly attend for the administration and ordered to be paid to him under and by virof oaths and other pnrposes therein mentioned: tue of the three several acts of parliament hereinAnd whereas it is expedient that the said Mas- after mentioned ; that is to say, an act made and ters should no longer attend in person at the passed in the 1 & 2 W. 4, c. 56, intituled "An said public office, and that the duties required act to establish a Court of Bankruptcy,” an act by the said recited act should be otherwise made and passed in the 5 & 6 Vict. c. 103, inprovided for: Be it therefore enacted by the tituled " An act for abolishing certain Offices Queen's most excellent Majesty, by and with of the High Court of Chancery in England," and the advice and consent of the Lords spiritual an act made and passed in the 6 & 7 Vict. c. 73, and temporal, and Commons, in this present intituled “ An act for consolidating and amendparliament assembled, and by the authority of ing several of the laws relating to Attorneys and the same, That the said act shall be and the Solicitors practising in England and Wales;" same is hereby repealed, and that the attend- and that the rights and interests of the said ance of the said Masters at the public office be William Thodey Smith under each of the said discontinued from and after the time at which acts respectively shall be and continue the same this act shall come into operation.

to all intents and purposes as if this act bad 2. Lord Chancellor may appoint a second not been passed, and as if he had continued to assistant clerk of offidarits. ---That it shall be hold his office of clerk of the public office, but lawful for the Lord Chancellor to appoint one nevertheless only for such period as he shall fit and proper person to assist in the perform- hold the office of second clerk of affidavits ance of the duties of the clerk of affidavits and under this act. of the assistant clerk of affidavits, and of the 5. Lord Chancellor may also, with consent of other duties hereby transferred to them, to be treasury, order retiring annuities to disabled ofcalled the second assistant clerk of affidavits, ficers, not exceeding two-thirds of their salaries. and that the duties by the said recited act di- - That it shall be lawful for the Lord Chan. rected to be done and performed by the Mas- cellor, with the consent of the commissioners ters in ordinary in the public office shall here- of her Majesty's treasury, by any order made after be done and performed by the said clerk on a petition presented to him for that purpose of affidavits and the assistant clerks of affidavits, after the 10th day of August next after the passin such place and in such manner and subject ing of this act, to order (if he shall think fit) to such regulations as the Lord Chancellor to be paid to any person executing the office of shall from time to time order and direct, and clerk of aff:davits, assistant clerk of affidarits, they and each of them are hereby authorized to or second assistant clerk of affidavits, or of do and perform the same.

chief clerk or junior or copying clerk to the 3. Lord Chancellor may order remuneration to master in ordinary of the Court of Chancery," be paid to the clerk and assistant of affidavits.- who shall be afflicted with some permanent inThat there shall be paid to the said clerk of affi- firmity disabling him from the due execution davits and the said assistant clerks of affidavits of his office, and shall be desirous of resigning such remuneration, either in salary and fees, or the same, an annuity not exceeding two-third partly by salary and partly by fees, as the Lord parts of the yearly salary which such person Chancellor shall think fit, not exceeding in the shall be entitled to at the time of presenting whole 1,2001, to the clerk of affidavits, 8001. to such petition, to be paid out of the interest and the first and 4001. to the second assistant clerk dividends of the government or parliamentary of affidavits ; and that it shall be lawful for the securities which may be at any time standing Lord Chancellor to make such order and orders in the name of the Accountant-General of the as may be necessary for payment of so much of High Court of Chancery to an account intituled such remuneration as shall consist of salary out “ Account of Monies placed out for the Benefit of the fund intituled “The Suitors' Fee Fund and better Security of the Suitors of the High Account,” and for the payment of a ny part of Court of Chancery” and an account intituled the fees to be received to the account of the said “Account of Securities purchased with surplus fund.

4. Appointment of second assistant clerk of This retiring provision for the Masters' affidavits. Saving rights of W. T. Smith. 1 $. clerks is a just and proper measure in order to 2 W. 4, c. 56; 5 & 6 Vict. c. 103; 6 8:7 Vict. secure efficient officers, but the public ought to c. 73.—That William Thodey Smith, the pre- pay the pensions, not the unfortunate suitor. sent clerk of the said public office, be and he is -Ed.

New Statutes effecting Alterations in the Law.

339 Interest arising from Securities carried to an repenled. --Whereas an act was passed in the Account of Monies placed out for the Benefit 6 G. 4, c. 123, intituled “An act to establish a and better Security of the Suitors of the High Taxation of Costs on Private Bills in the House Court of Chancery,” or either of them; and the of Commons, and to prohibit the Sale of cerannuity mentioned in such order shall be paid tain Offices under the Serjeant-at-Arms attendby the governor and company of the Bank of ing the House of Commons:" And whereas it is England out of the interest and dividends expedient to repeal the same, and to make aforesaid (but subject and without prejudice more effectual provisions for taxing the costs to the payment of all salaries and other sums of and expenses to be charged by parliamentary money by any act of parliament already directed agents, attorneys, solicitors, and others in fuor authorized to be paid thereout) by even and ture sessions of parliament in respect of bills equal payments on the 5th day of January, the subject to the payment of fees in parliament, 5th day of April, the 5th day of July, and the commonly called private bills, and to be in10th day of October in every year during the curred in complying with the standing orders life of such person; and the executors and ad- of the House of Commons relative to such bills, ministrators of such person shall be entitled to and in preparing, bringing in, and carrying the receive, and shall be paid such proportionate same through, or in opposing the same in, the part of the said annuity as shall have accrued House of Commons: Be it enacted by the from the next preceding quarterly day of pay- Queen's most excellent Majesty, by and with ment to the day of his death.

the advice and consent of the Lords spiritual 6. Commencement of act.—That this act shall and temporal, and Commons, in this present commence and take effect from the 10th day of parliament assembled, and by the authority of August next.

the same, That, except as to any costs, charges, 7. Out of what fund compensations awarded and expenses which shall have been incurred under provisions of 10 & 11 Vict. c. 60, to be in the present or any preceding session of parpaid. And whereas by an act passed in this liament, the said recited act shall be repealed : session of parliament, intituled An act to Provided always, that the repeal of the said reabolish One of the Offices of Master in Ordi- cited act shall not be construed to revive any nary of the High Court of Chancery,” it was act or any provision thereof which was thereby enacted, that it should be lawful for the Lord repealed. Chancellor, with the consent of the commis

2. Parliamentary agent, attorney, or solicitor sioners of her Majesty's treasury, to award such not to sue for costs until one month after delivery compensation (if any), and in such manner of his bill. Evidence of delivery of bill. Power and upon such conditions as he might think to judge to authorize action before expiration of fit, to George Barrett and Edward Wright, the one month.—That no parliamentary agent, atlate chief and second clerks of Andrew Henry torney, or solicitor, nor any executor, adminiLynch, or either of them, in consideration of strator, or assignee of any parliamentary agent, the loss they or he may have sustained by rea- attorney, or solicitor, shall commence or mainson of the abolition of the said office by the tain any action or suit for the recovery of any said act; And whereas no provision was made costs, charges, or expenses in respect of any in the said act for the payment of such com- proceedings in the House of Common's in any pensation ; be it therefore enacted, That such future session of parliament relating to any compensation shall be paid by the Accountant- petition for a private bill, or private bill, or in General, by virtue of an order for that purpose respect of complying with the standing orders to be made by the said Lord Chancellor, out of of the said house relative thereto, or in preparthe fund intituled “ The Suitors' Fee Fund Ac- ing, bringing in, and carrying the same through,

or opposing the same in, the House of Com8. Lord Keeper may act for Lord Chancellor mons, until the expiration of one month after for purposes of this act. - That in construing such parliamentary agent, attorney, or solicitor, this act all things directed to be done by the or executor, administrator, or assignee of such Lord Chancellor shall and may be done by a parliamentary agent, attorney, or solicitor, has Lord Keeper or the first Commissioner for the delivered unto the party to be charged therewith, custody of the Great Seal of the United King- or sent by post to or left for him at his countdom of Great Britain and Ireland,

ing-house, office of business, dwelling-house, or Jast known place of abode, a bill of such costs, charges, and expenses, and which will shall

either be subscribed with the proper hand of 10 & 11 Vict. c. 69.

such parliamentary agent, attorney, or solicitor, An Act for the more effectual Taxation of Costs or in the case of a partnership by any of the

on Private Bills in the House of Commons. partners, either with his own name or with the [22nd July, 1847.]

name of such partnership, or of the executor, 1. 6 G. 4, c. 123. Recited act 6 G. 4, c. 123 administrator, or assignee of such parliamen

tary ageni, attorney, or solicitor, or be enclosed . The provisions of this act apply only to in or accompanied by a letter subscribed in like future sessions of parliament; but it may be manner referring to such bill: Provided well for those who are engaged in this import- always, that it shall not in any case be necesant br ch of business, to look forward to the sary, in the first instance, for such parliamentaxation here enacted.

tary agent, attorney, or solicitor, or the execu.

count.”

HOUSE OF COMMONS COSTS TAXATION.

340

New Statutes effecting Alterations in the Law. tor, administrator, or assignee of such parlia- such taxation relating to the matters of such mentary agent, attorney, or solicitor, in proving taxation : Provided always, that nothing herein a compliance with this act to prove the contents contained shall be construed to authorize such of the bill delivered, sent, or left by him, but it taxing officer to determine the amount of fees shall be sufficient to prove that a bill of costs, which may have been payable to the House of charges, and expenses subscribed in manner Commons in respect of the proceedings upon aforesaid, or inclosed in or accompanied by any private bill. such letter as aforesaid, was delivered, sent, or 7. Taxing officer to take such fees as may be left in manner aforesaid; but nevertheless it allowed by the House of Commons. Application shall be competent for the other party to show of fees.-- That it shall be lawful for the said that the bill so delivered, sent, or left was not taxing officer to demand and receive for any such a bill as constituted a bona fide compliance such taxation such fees as the House of Comwith this act : Provided also, that it shall be mons may from time to time by any standing lawful for any judge of the superior courts of order authorize and direct, and to charge the law or equity in England or Ireland, or of the said fees, and also to award costs of such taxaCourt of Session in Scotland, to authorise a tion against either party to such taxation, or in parliamentary agent, attorney, or solicitor, to such proportion against each party as he may commence an action or suit for the recovery of think fit, and he shall pay and apply the fees his costs, charges, and expenses against the so received by him in such manner as shall be party chargeable therewith, although one month directed by any such standing order as aforehas not expired from the delivery of a bill as said." aforesaid, on proof to the satisfaction of the 8. On application of party chargeable or of said judge that there is probable cause for be- application of parliamentary agent, attorney, or lieving that such party is about to quit that solicitor, the taxing officer lo tax the bill. No part of the United Kingdom in which such application to be entertained by taxing officer judge hath jurisdiction.

after verdict obtained.- That if any person upon 3. Taxing officer be appointed by the whom any demand shall be made by any parSpeaker.—That the Speaker of the House of liamentary agent, attorney, or solicitor, or ereCommons shall appoint a fit person to be the cutor, administrator, or assignee of such parliataxing officer of the House of Commons, and mentary agent, attorney, or solicitor, or other every person so appointed shall hold his office person, for any costs, charges, or expenses in during the pleasure of the Speaker, and shall respect of any proceedings in the House of execute the duties of his office conformably to Commons in any future session of parliament such directions as he may from time to time re- relating to any petition for a private bill, or ceive from the Speaker.

private bill, or in respect of complying with the 4. The Speaker to prepare list of charges standing orders of the said house relative therethenceforth to be allowed. - That the Speaker to, or in preparing, bringing in, or carrying may from time to time prepare a list of such the same through, or in opposing the same in charges as it shall appear to him that, after the the House of Commons, or of any parliamentary present session of parliament, parliamentary agent, attorney, or solicitor, or the executor, agents, attorneys, solicitors, and others may administrator, or assignee of such parliamentary justly make with reference to the several agent, attorney, or solicitor, or other person, matters comprised in such list; and the several who shall be aggrieved by the nonpayment of charges therein specified shall be the utmost any costs, charges, and expenses incurred or charges thenceforth to be allowed upon the charged by him in respect of any such proceedtaxation of any such bill of costs, charges, and ings as aforesaid, shall make application to the expenses in respect of the several matters said taxing officer at his office for the taxation therein specified : Provided always, that the of such costs, charges, and expenses, the said said taxing officer may allow all fair and taxing officer, on receiving a true copy of the reasonable costs, charges, and expenses in re bill of such costs, charges, and expenses which spect of any matter not included in such list. shall have been duly delivered as aforesaid to

5. Taxing officer empowered to examine parties the party charged therewith, shall in due course and witnesses on oath.—That for the purpose of proceed to tax and settle the same; and upon any such taxation the said taxing officer may every such taxation, if either the parliamentary examine upon oath any party to such taxation, agent, attorney, or solicitor, or the executor, and any witness who may be examined in rela- administrator, or assignee of such parliamentary tion thereto, and may receive affidavits, sworn agent, attorney, or solicitor, or other person, before him or before any master or master ex- by whom such demand shall be made as aforetraordinary of the High Court of Chancery, said, or the party charged with such bill of relative to such costs, charges, or expenses; costs, charges, and expenses, having due notice, and any person who on such examination on shall refuse or neglect to attend such taxation, oath, or in any such affidavit, shall wilfully or the said taxing officer may proceed to tax and corruptly give false evidence, shall be liable to settle such bill and demand exparte; and if the penalties of wilful and corrupt perjury: pending such taxation any action or proceediog

6. Taxing officer empowered to call for books shall be commenced for the recovery of such and papers. That the said taxing officer shall be empowered to call for the production of any See p. 293, ante, where the proposed fees books or writings in the hands of any party to are stated, since ordered by the house.-Ed.

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