cusp. vl THE PRIVILEGES AND PROCEDURE 447
Landers v. Woodworth} on appeal from Nova Scotia, held
that the Assembly there could not remove a member for
contempt unless he was actually obstructing the business
of the House, and therefore was not justified in removing
a member because he would not offer an apology in terms
dictated by the House for having made an unjust accusation
against the Provincial Secretary, though the Supreme
Court. admitted that the decision was contrary to many
decisions in Quebec rendered before Doyle v. Falconer.
Again, in Barton v. Taylor ? it was held by the Privy Council
as regards the case of New South Wales that the power of
self-defence included some right to suspend but not a right
to suspend indefinitely or for a definite time depending on the
irresponsible decision of the House itself. It is true that
these powers are exercised by the Imperial House of Com-
mons, but it is settled law that the extraordinary privileges
of the House are a part of the lex et consuetudo Parliaments
which is peculiar to the House in England, and cannot be
claimed except by virtue of a statute by the Colonial legis-
latures. In the case of Fenton v. Hampion ® it was held by
the Privy Council that the Legislative Council of Tasmania
could not commit the Comptroller-General of Convicts there
for refusing to appear before them to be examined as to
the alleged ill-treatment of certain convicts.
On the other hand, the powers under the mere powers of
legislatures ex natura rer are not altogether insignificant.
In Toohey v. Melville * it was held that the Speaker or Chair-
man of the Legislative Assembly had power without a
resolution of the House to eject from the chamber a member
guilty of disorderly conduct and wilful obstruction of the
course of business under standing order 176 of the British
House of Commons, which had been adopted by the Legis-
lative Assembly. In the case of Harnett v. Crick’ which
' 28. C.R. 158. The Assembly of New Brunswick used to assert exira-
ordinary claims until 1844 ; see Hannay, New Brunswick, i. 182, 183;
ii. 96, 97. 2 11 App. Cas. 197; 6 N. 8. W. L. R. 1.
* 11 Moo. P. C. 347. Cf. Blackmore, Constitution of South Australia,
pp. 106-8. ft 13N.S. W. L.R. 132.
5 [1908] A. C. 470 overruling 7 S. R. (N. 8. W.) 126.
