The Express.
London, England, 1849-02-24 00:00:00

PRIVILEGES OF MEMBERS.

Mr. B. OSBORNE wished to put a questim as to the pri-
vileges of the house. He did not know what the custom
might be as to committees of the house, but he had always
understood that these committees ware open to the attend-
ands of members of parliament except during the time of
division. There was a committee in which many memben
took a strong interest, and he understood that that com-
mittee had come to a resolution to prevent the attendance of
all members of parliament. This not being a secret com-
mittee he asked whether such a course of proceeding was is
conformity with the rules of parliament.
The SPEAKER.—According to the rules of the house,
every member is privileged to &nerd in a ormenittee, unless
the committee is secret. The usual practice has been that,
during the deliberations of the committee, other members
have left the room. There have been instaeces where mem-
bers would not leave the room, and where, on the applies.
tion of the committee, the hone granted a power to exclude
members.

Mr. B. OSBORNE.—Am I to underrtand that they cannot
tura me out of the room ?

The SPEAKER.—They have no power to exclude the
hon. member. =lees they here a definite power from the
house.

Mr. BRIGHT said that the hen. gentleman had not stated
quite correctly the course which the committee had taken.
The general rule was that during the taking of evidence any
member might he present, but whilst the committee were
discussing the resolutions and dividing on the resolutions,
members had not a right to be in the room.
Mr. B. OSBORNB—I beg leave to give notice to the how
gentleman that I shall insist on coming in daring the discus-
sion.

Sir J. YOUNG said that members might be present
during the taking of evidence, but it was always the practice
to absent themselves when the committee were deliberating
or a division wes taking place.

Sir J. PAKINGTOA.—The course taken this rawning
on the Irish poor law committee I. the only course which I
have seen taken I. every select committee of which I have
been a member.

POOR REMOVAL ACT.
Capt. PECHELL asked the commissioner of poor laws
whether

In consequence of the recent decision In the Court of Queen's
Bench having upset the opinion given by the law olden of
the mown upon the construction of the Poor Removal des it le la'
tended to cancel the instrustions (founded on that opinion) lamed to
the board of guardians on the .oth of October, ; and whether
provision will be made fiw the repayment to unions and, parishes of
the expense' Incurred by them respectively, to tie maintensnes or .
poor belonging to other parishes, whose relief was withdrawn in con-
elquenoe of thee instructions!
The parish of Brighton had been put to an expense of mote
than 1,0001. for maintaining paupers imposed upon them im-
properly.
Mr. BAINES, in reply to the question which had been
pet to him, said that the facto which bore upon
the question now before the house were these. Very soon
alter the peering of the Poor Removal Act, the 9th and 10th
Victoria, c. 66, the poor•law oomosissionen received applica-
tions from the guardians of a great many unions for advice
ea
to the construction of one iirticulsz provision of the act.

At that time no judicial decision had been_ prommteed of
the subject. The poor.law commissioners did their beat tis
furnish the most trustworthy advice to the guard-
ians who so applied. They laid a caw before gentlemen of
the highest eminence—law officers of the crown—and took
their opinion on the subject. Having obtained that opinion,
they forwarded it to the different boards of guardians.
Very recently, indeed, the court of Queer's Bench had de-
cided that the true construction of the provision of the act was
different from that which was put on it by the law officers of
the crown. What bad been done to make the decision of
the Queen's Bench known was this: the decision having
been pronounced most be taken to constitute the law of the
land, and the poor law board had lost no time in making the
parishes and unions acquainted with the fact. The attention
of all had been called to the subject in the annual report of
the poor law commissioners, and there was on the point of
being waned, eke official circular, which was addressed to all
',verde of guardians through“ut the country, stating the
decision of the Queen's Bench, and calling attention
to the fact. They had also direteed that they
should be furnished with an abstract of the decision
which the Queen's Bench had pronounced on this act of par-
Bement. They had lest no time in communicating to the
different parishes. He wee not aware of any authority by
which the repayment of expenses could be made.

Capt. PEaItIILL asked whether it was intended to take
into consideration the repayment of those expensw,which had
become serious in many cases.

BAlNES.—flince the hen, member had furnished
notice of his motion, the attenti-n of the poor-law board had
been directed to the subject, and they had come to the con-
clusion that they had no power in point of law to make any
provision for repayment.