464 PARLIAMENTS OF THE DOMINIONS [rawr iii
exclusively to the Dominion, the Privy Council were at
pains to point out that all they decided was the power of
the legislatures to establish themselves as courts of record,
as was done by the Nova Scotia Act, for the purpose
of dealing with contempts as contempts, not as criminal
offences, a distinction not of much practical importance,
but obviously excellent in law. The case was followed by
the Supreme Court of Canada, in Payson v. Hubert! over-
ruling the Supreme Court of Nova Scotia,? and deciding that a
person who created a disturbance could legally be removed
from the stairs of the House of Assembly.
The nature of the privileges conferred may be gathered
from the Act, 1909, c. 2, of Alberta, defining the privi-
leges claimed by that body. The Assembly may compel
the attendance of any persons before it, and the produc-
tion of papers, and the serjeant may issue a warrant or
subpoena to enforce attendance. Any committee may
examine a witness on oath, and in exercising the powers
conferred all persons acting under instructions are indemni-
fied, and all sheriffs, constables, and others are bound to
help them. No member shall be liable to any civil action or
prosecution for things done before the House by petition,
motion, or otherwise. Except for a breach of the peace, no
member shall be liable to arrest, detention, or molestation
for any civil cause during the session, and for twenty days
after and before the session, thus providing against the case
of Norton v. Crick? in which in New South Wales it was laid
down that arrest on a ca. sa. was possible even while the
Assembly was sitting. During the same periods all members
and officers of the Assembly and witnesses summoned before
it or a committee are exempted from serving on juries. The
assembly is made a court and authorized to punish summarily
(2) assaults, insults, and libels upon the members of the
House while in session ; (b) obstruction or intimidation of
members ; (¢) offering or accepting of a bribe in connexion
' 34 8. C. R. 400. * 36 N. S. 211.
"15N.S. W.L.R.172. In Gipps v. Malone, 2 N.S. W. L. R. 18, it was
held that no action for defamation would lie for words spoken in the House
in the course of a question.