§ LORD MONTEAGLErose to bring under the notice of their Lordships the refusal of the Chairman and Secretary of the North Wales Railway, Mr. William Chad-wick and Mr. John Marriner, to obey the 784 order of their Lordships' House. An order had been made by their Lordships for the production of certain accounts and papers relative to this railway, which was duly served on these parties. No return was, however, made to the order, and, having given notice that he would move that these parties should be called to the bar, he received a written communication promising that the returns should be made, and that the parties were prepared to give the accounts he required. Up to the present moment their Lordships' order was still disobeyed, and the parties in question who had been ordered to attend the House had not done so. The proper course, he believed, would be to inquire whether the parties were in attendance, and then, if they were not, to call for the officer of the House who had served the notice.
LORD CAMPBELLsaid it would he necessary for his noble Friend to prove that the order requiring the attendance of these parties had been personally served upon them.
The LORD CHANCELLORinquired whether John Marriner and William Chad-wick, Chairman and Secretary of the North Wales Railway, were in attendance?
The Deputy Usher of the Black Rod:—I understand, my Lord, that they are not.
Samuel Lethbridge, one of the door-keepers of their Lordships' House, who was instructed to serve the order requiring the attendance of the parties, was then examined, and stated, in reply to questions from the LORD CHANCELLOR, that he had not served the parties personally in consequence of their absence from home.
LORD CAMPBELLbelieved that when there was any reason to suppose that parties went out of the way in order to avoid being personally served with the order of their Lordships' House, the personal service might be dispensed with. But neither of these parties might be aware of the order of the House. Their servants might have neglected to forward the orders, and it might be the desire of these parties to comply with the order of the House.
§ LORD MONTEAGLEsaid, it was quite clear that these parties had intentionally disobeyed their Lordships' order, and that their resistance was founded on a misapprehension of their Lordships' powers, which these parties thought expired with the Session, whereas the powers of that House, unlike those of the other House of Parliament, extended throughout the recess.
785 After a few words from the Marquess of LANSDOWNE and the LORD CHANCELLOR, who were of opinion that it would he desirable that their Lordships should take no steps until the parties had been personally served,
Then it was ordered, that the said Chairman and Secretary do attend at the bar of this House to-morrow at Twelve o'clock.
§ House adjourned.