PRIVILEGE—PRINTED PAPERS. (Hansard, 29 May 1845)

Mr. Wynn
moved that the Select Committee of Privilege appointed to consider the case of Howard v. Gossett, be empowered to report from time to time.—Agreed to.

The Solicitor General
appeared at the Bar with their first Report, which was read as follows:— The Select Committee appointed to inquire into the proceedings of the Action of Howard v. Gossett, and to report their observations and opinion thereon to the House, have agreed to the following Report; In the course of the consideration which your Committee has given to the subject referred to them, they have been apprised of proceedings in the progress of the Action, of which it is proper that the House should be informed without delay. The Plaintiff on Tuesday last executed his Writ of Inquiry, and his damages were assessed by the Jury at 200l.; and upon the Judgment for that amount he will be enabled to levy his execution on Monday, the 2nd of June. Your Committee will at an early period present a more detailed Report than they are at present prepared to make; but they feel it to be their duty to submit their opinion, that it is advisable that a Writ of Error should be brought on the Judgment of the Court of Queen's Bench; and as the levying of the Plaintiff's execution will in no respect prejudice the proceeding in the Writ of Error, your Committee do not deem it expedient to advise the House to interpose to prevent the levy.

§ Mr. Hume
said: If this is the way in which the privileges of the House are to be vindicated, it does appear to me that we want some better defenders than those we have at present. The Report of the hon. and learned Gentleman seems to me to throw discredit on this House; and, indeed, the result to which the Committee have been obliged to descend, might have been anticipated from our yielding in the first instance. The time is now come when we are to decide whether we have really any privileges or not. Not an hour, in my opinion, should be lost in bringing the question to an issue. As a Member of this 1009 House, I must say I feel disgraced by the Report which you have just heard.

The Solicitor General
I regret that the hon. Gentleman should have used such strong expressions on an occasion which does not call for them. The reason why the Committee has not made a full and final Report, is, because they are anxious to put the House in possession of the grounds which have guided their decision. If the hon. Gentleman wishes to come to a Resolution before the House has full information before it, it is open to him to propose that course. But, the House not being committed in any way, I think it would be premature to come to a vote before we have all the facts before us.

§ Mr. Hume
I wish to ask, is there any I means of stopping the levy? That is what I think disgraceful.

§ Mr. Watson
Execution can be sued out, unless you mean to give bail in error.

The Solicitor General
It is the opinion of the Committee that bail in error should not be given. If the House is desirous of considering the question at once, I shall move that the Report be printed, and taken into consideration to-morrow.

§ Mr. T. Duncombe
On a former day, the hon. and learned Gentleman moved for certain documents in this case. We have got the judgment, but not the record or warrant.

The Solicitor General
The record is not made up until final judgment. We have, however, what will constitute the record—the pleadings; and these and the warrant will be ready to-morrow.

§ Sir T. Wilde
All that is material in the record we can have—the declaration, pleas, demurrer, and the opinions of the Judges. The remainder is merely formal matter.