HC Deb 07 August 1835 vol 30 cc144-5

Mr. D. Callaghan moved the Order of the Day for the attendance of William Thompson and Mr. Alexander Dean.

[The Sergeant-at-Arms having communicated to the Speaker that both parties were in attendance in obedience to the Order of the Speaker, Mr. Alexander Dean was placed at the Bar, and in answer to a question put to him by the Speaker, stated that he had been summoned to attend as a witness before the Timber Duties' Committee, and that in obedience to that summons he arrived in London on the 30th ult.; that he was examined before the Committee on the 31st ult., and remained in attendance upon them until the 5th instant, when he received an order for the payment of his expenses back to Cork, and was discharged by the Committee from further attendance; but that he was arrested for debt at his hotel in Charles-street, Covent-garden, at 9 o'clock on the morning of the 6th inst. At the time he was arrested, he had not received the amount ordered him for his expenses. The witness withdrew. William Thompson was placed at the Bar.]

In answer to questions put to him by the Speaker, Thompson stated that he was an officer to the Sheriff of Middlesex, and that in obedience to a writ to him delivered he arrested Mr. Dean on the 6th inst., that at the time he made the caption he did not know Mr. Dean was in attendance as a witness before a Committee of this House, but on being shown by that Gentleman the summons, he took him to the solicitors from whom he (William Thompson) had received the writ. The Solicitors told him they did not consider Mr. Dean was privileged, as there was no case in point, and that if he (Thompson) dis- charged him he would be liable. On searching the Sheriffs-office he found another writ of execution marked for 495l. against Mr. Dean, and he could not take upon himself the liability of so heavy an amount as that of the two writs, 1,300l., by discharging Mr. Dean. The Solicitors would give him no instructions, and he therefore hoped the House would make an order directing him in what manner he should act.

The witness withdrew.

Mr. Callaghan

moved that Mr. Dean being privileged by his attendance upon the House, be now discharged out of the custody of the Sheriff.

The Attorney-General

said, that Mr. Dean was clearly privileged, and as it also appeared that the officer had acted with perfect bona fides in the transaction, he thought the ends of justice and the rules and privileges of the House would be answered by consenting to the Motion.

The Motion carried. Thompson was called to the Bar.

The Speaker

addressing him said, that it was the opinion of the House that Mr. Alexander Dean was entitled to his privilege, and that he must therefore be discharged.

The officer withdrew.