Full text: Responsible government in the Dominions (Vol. 1)

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.
	        
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